win your san diego dui case

we go to work immediately on your behalf

1. We listen closely to what led up to and resulted in your DUI arrest, asking pertinent questions to reveal details to strategize a tactical defense plan. We become totally familiar with your case, and allocate plenty of time to address your concerns.

2. Immediately we go to work to save your driver's license, and investigate your case beginning with the police report and evidence. We examine every event and surrounding detail involved, including the use of breath testing equipment, maintenance records, calibration, observation periods, certification of operators and blood testing technicians, and more.

3. If you have retained us within ten days following your arrest, we'll arrange the DMV hearing to contest suspension of your drivers license. We fight the Admin Per Se (APS) sanctions against your license by using the power of subpoena and placing the burden of proof on the DMV officials to substantiate you were actually driving the vehicle, the police had probable cause to stop you, your arrest was lawful, the chemical tests were properly administered by a qualified phlebotomotist, and your BAC was .08% or above (drivers under age 21 are subject to a BAC limit of .01%). We cross-examine the arresting police officer including all documents and reports pertaining to your case. If even one of the preceding factors is not established, your license suspension will be overturned.

4. If you have not contacted us within the required time necessary to fight your license suspension (10 days from the date of your DUI arrest), we will assist you in obtaining a restricted drivers license from the DMV, if applicable.

5. Once we have obtained a copy of the police report pertaining to your arrest and DUI offense(s), we examine every aspect to uncover inconsistencies, inadherence to policies and procedures, contradictions, and other information that we can put to the test at your DMV Hearing in preparation for your criminal court case. The DMV Hearing can be very instrumental in serving as a "mock trial", in some cases, where we can test the strength of the charges against you, and the likelihood they will stand up to the measure of "beyond a reasonable doubt".

6. We will examine the evidence against you, and if you submitted to a blood test, we will request a sample to send to our independent laboratory for an expert second opinion. We employ toxicologists, criminalists, private investigators, independent laboratories, alcohol dependency mediators, and other experts to exhaustively support your defense case. If the results of the independent lab test differ from law enforcement's claims, we will obtain documentation such as affidavits from our lab sources, and if your case proceeds to a Jury Trial, we employ the full force of our contacts and resources to provide essential support and testimony on your behalf.

7. We will visit the scene of your arrest, the landscape and conditions where you subjected to field sobriety tests, if applicable. We will match the area against the police report, and again thoroughly weigh all contributing and external factors such as the weather and traffic patterns at the time of your arrest.

8. We will make a list of all witnesses, law enforcement personnel, and blood test technicians to ensure each person's statement or account of the incident is corrobarative. We will cross-examine all involved parties if your case proceeds to a Jury Trial.

9. We will request maintenance, calibration, & certification records on all breath testing equipment and personnel, reviewing the administration of tests for inadherence to procedure or other disqualifying causes.

10. We will give you all the information you need to prepare for your first court hearing. In some instances, we can successfully file a pre-trial motion at this hearing, in some cases resulting in an an entire dismissal of the charges against you. If your case does not proceed to trial, the prosecutor may offer to have your DUI charges reduced to a wet reckless or traffic infraction.

Call us 24 hours a day at 619.231.7412 for a no-cost consultation regarding your drunk driving charges. Or eMail us today to discuss a legitimate and effective strategy for your defense.

defenses your attorney might apply

The below examples are just a brief sampling of possible defenses an experienced and skilled DUI lawyer might implement, when applicable. You may also want to review our DUI Defense Strategies section.

• Introduce proof that you were not intoxicated at the time you were driving, for example, using a rising BAC defense and/or witness testimony.
• Invalidate breath test results by demonstrating you were exposed to gasoline, asthma inhalants, Binaca breath freshener, paint, lacquer, fingernail polish, dry cleaning solvents, or volatile fumes prior to providing a breath sample.
• Demonstrate to the court that the police officer lacked probable cause to make the traffic stop that resulted in your arrest.
• Present to the judge that the evidence against you is insufficient, too circumstantial, and/or too unreliable and error prone to proceed with a trial.
• Prove to the judge and/or jury that the officer subjected the defendant to field sobriety tests in adverse conditions such as weather, landscape, nightfall darkness, heavy passing traffic, etc., and therefore based his or her mispercepted the defendant's resulting performance as intoxication.
• Use the "Power of Subpoena" to obtain records on the callibration, maintenance, and condition of breath testing equipment. If any deviance or lapse in protocol exists, your breath test result could be deemed unreliable and inadmissible. The machine's upkeep must follow the Manufacturer's Operation manual to the letter.
• Identify other sources of error in the administration of breath, blood, or field sobriety tests. Your lawyer only needs to establish "reasonable doubt" in the state's charges. The prosecution bears the burden of proof.
• Successfully cross examine the state's witnesses and arresting officer to create reasonable doubt in the accuracy of their statements or credibility.
• Unleash appropriate experts from our team of toxicologists, criminologists, private investigators, biologists, accident investigation and reconstruction professionals, and others to refute and disprove damaging allegations against you.
• Cross examine the breath machine operator regarding his or her background and training. Demonstrate to the court that the equipment operator's was only rudimentary, and that he or she lacks any real knowledge about the machine's engineering.
• Presenting evidence that radio frequency was present when breath tests were administered, which interfered with BAC equipment and produced an artificially high reading. This is a common occurrence at sobriety checkpoints using mobile command centers and portable breath testing machines.
• Establish that the Statute of Limitations to try your case has been exceeded, when applicable, and that your right to a speedy trial has been violated.
• Provide proof and compelling facts that a medical condition such as diabetes or hypoglycemia caused, or in part contributed to, a falsely high BAC test result, when such conditions exist.
• Convince the court that the defendant was suffering from heartburn or indigestion at the time of their arrest and using an over the counter remedy such as Tagamet or Prilosec that produced a false or unreliable BAC reading.

The above defenses constitute only a fraction of the infinite possible strategies that may apply to individual drunk driving cases, depending on the specifics surrounding each arrest. At the San Diego DUI Law Offices of G.Darren Kavinoky, we take pride in aggressively and successfully challenging the charges against our clients. Call us 24 hours per day, 7 days per week at 619.231.7412, we are always eager to help.