If the prosecution is relying heavily on the test to prove that you were driving under the influence of alcohol and you can show some problem with the test, then you could be completely upending their case.
However, they'll always have the argument that if they could prove that you had alcohol in your system at all, under Vehicle Code Section 23152(a), you couldn't safely operate a motor vehicle. If they could prove that, then they might be able to prove a DUI against you.
It is not going to be the right thing to do in every case to spend a lot of money trying to attack a blood test, for example. If we know that you had 10 drinks and you had a high blood alcohol level, there is no point in trying to attack the breath test or the blood test.
One the other hand, if you blew a point away from the legal limit, it might make sense to try to show that there was a mistake.
What Is A Drug Recognition Expert?
A drug recognition expert gets involved in a case under circumstances where they suspect that you're driving under the influence but you don't show any alcohol in your system.
The next thing they're going to start thinking is that you're under the influence of some sort of drug. A drug recognition expert will evaluate you and test you.
They can say that a particular person is under the influence of a drug and it's difficult to challenge them. It's going to be weeks or even months before you'll get an opportunity to challenge them in a potential trial or motion.
You can get your own expert to see whether you had any drugs in your system or not. If you do that, then you're in a much stronger position to argue whether or not you were under the influence of any type of drug that might affect your ability to safely operate a motor vehicle.
When Prosecutors Make A Plea Offer In A DUI Case In California?
Usually, the prosecutors will have some sort of a tentative offer on a DUI case the day that your attorney goes in for the arraignment. That offer could be subject to change and your attorney might be able to convince him to give you a better offer.
A lot of times, the prosecutors will already have an idea, based on their own factors, of what they might offer you to settle your DUI case. Your defense attorney will talk to the prosecutor and point out any problems with the case.
They will point out the mitigating circumstances and negotiate based on the discussion they had with you and their expertise and knowledge of that prosecutor's tendencies.
Sometimes, I'll talk to a prosecutor and I don't think they're being reasonable in the case, so I go to their boss. You've got to try everything to convince the prosecutor to give you what you and your client have decided is a fair resolution in the case.
Sometimes, you're able to do it, and sometimes you're not able to do it. It really depends on the facts and circumstances of the case, who the prosecutor is, and what you're trying to get. If you're trying to get something unrealistic, you're going to have a very difficult time trying to get it.
You really have to be honest with yourself, use your common sense, and rely on a solid DUI attorney. Let them guide you through the process so that you make the right decisions in defending your DUI case.