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Driving Under The Influence Law: What's at Stake?

Who needs a criminal defense attorney?

We all do. When a person violates the law, there are police, prosecutors, judges, and the entire force of State, Federal, and local government available to prosecute and punish. But when the government violates the law (such as an unlawful arrest, an illegal search, etc.), there is usually no one to cry "foul"!  DUI cases often involve instances where the police and government completely ignore the law, when it comes to the manner in which chemical tests are taken, administered, and interpreted (Title 17, Cal. Code. Reg.)  It's your lawyer's job to hold them accountable.

What does a criminal defense attorney do?

It's not as simple as just defending our clients. Defense attorneys force the government to justify and "meet their burden of proof" every time they seek to take away a citizen's liberty or property.  We speak for every person ever suspected of a crime, and ensure that the police don't violate the law in their pursuit of the "guilty."  We ensure that a citizen's right to his "day in court" actually means something, and often prevent injustice by ensuring that the accused receives a fair trial.  And that's just for those clients who might be guilty.

Don't laws already favor "criminal's rights"?

No! Actually, the opposite is true. Many laws passed in California have the direct effect of limiting the rights of persons accused of a crime, and/or requiring severe minimum punishments.  Before Proposition 8, a person accused of a crime could have evidence against him or her "suppressed" if he or she could show that police made an unlawful arrest. Since Proposition 8, Judges can be free to allow police to use evidence obtained as a result of an unlawful arrest, as long as the arrest was not in violation of the United States Constitution (the laws of the State of California are no longer enough).  Sometimes, it seems that it is the United States Constitution that requires the greatest defense in a criminal case.

Don't only guilty people get accused of crimes?

Absolutely not!  Often, police simply make a mistake. They have the wrong person, or they are mistaken as to whether a crime actually occurred. Sometimes itâs a "set-up", or an attempt to protect the real perpetrator.  I have personally represented MANY individuals whom were eventually proven INNOCENT!  In some of these cases, we even obtained compensation for their pain, suffering, and legal fees.

I was driving, I got arrested, and the test showed that I had been drinking. Can a lawyer do anything?

YES!!! The truth is, these tests are not that reliable, and the machines can often make mistakes. Even if we cannot prove that the equipment was not accurate in a particular case, it is often enough to show a jury (through scientific and expert testimony) that such mistakes can be made, and that a reasonable doubt may exist as to the accuracy of a test result in a particular case.  Factors such as drinking pattern, bacteriological contamination of the biological sample, testing error, and calibration can all play a role in the "weight" of the test.

Why a lawyer who specializes in Driving Under the Influence Defense?

Just as lawyers specialize in certain areas of the law, certain lawyers have special expertise in extremely specialized areas, such as driving under the influence defense. Because of the technical, scientific nature of DUI cases, it is extremely important to have a lawyer who knows the scientific basis of the government's case better than they do! There are defenses available to almost every set of facts in a DUI case, depending upon the specific type of evidence in each case. The trick is knowing how to use those defenses, and when. I am a specialist member of the California Deuce Defenders Association, and the National College of DUI Defense, organizations of defense attorneys who specialize in Driving Under the Influence Defense.  I attend regular DUI seminars, confer with other DUI "experts", study scientific literature and subscribe to numerous publications which serve to keep me abreast of EVERY legal and scientific development that may assist me in representing my clients charged with Driving Under the Influence.  One of my DUI trial brefs is presently pending publication in a nationally known textbook on DUI defense.

If I was drinking and driving, I'm guilty, right?

WRONG! It is NOT against the law to drink and drive!!!! It is illegal to drive while impaired, or with above a certain blood alcohol percentage. The prosecution must PROVE that you were "impaired" (as defined by law), or that your blood alcohol concentration exceeded the legal limit, AT THE TIME OF DRIVING.

What if I refused a chemical test?

Refusal of a chemical test MAY result in a longer suspension of your drivers license and impose stiffer penalties IF YOU ARE CONVICTED. However, the lack of a chemical test may make it much harder for the prosecution to prove that you were above the legal limit.

What if the police officer says I was drunk?

That's his opinion. It is not a fact. The truth is that studies by the United States Department of Transportation and others have shown that experienced Highway Patrol Officers have no better than 50/50 odds of determining whether a person is "under the influence" through the use of standardized "field sobriety tests."

What is "rising blood alcohol"?

Rising blood alcohol is a phenomenon that results from the rate at which consumed alcohol is absorbed by the body. For example, if you take your only alcoholic drink at 1:00 a.m., get pulled over at 1:05 a.m., and get tested at 2:00 a.m., your blood alcohol ("B.A.") at the time you are tested will likely be significantly higher than it was at the time you were driving. Under the right circumstances, this may constitute a defense to a charge of Driving Under the Influence.  B.A. can rise from .02 to .03 % per drink!

What if the evidence against me seems overwhelming?

I believe that almost every DUI case is defensible.  It is just a matter of percentages and liklihood of success.

What's at stake?

A conviction for a first offense DUI normally results in fines and restitution payments of approximately $1,800, at least 48 hours in jail, three years probation, 90 to 180 days of mandatory DUI school (cost-at least $500), a 90 day court imposed restriction on your license, and a four month DMV imposed suspension of your license. A second offense usually results in 10-20 days in jail, one year of actual license suspension, and an 18 month license restriction. A third offense can mean at least 120 days in jail and a three year revocation. A fourth offense in seven years (or within ten years of a prior felony) is a felony, punishable by 2-4 years in State Prison. Even misdemeanor DUI causing injury results in a one year mandatory license suspension.

What about DMV?

Regardless of the outcome of your criminal case, the Department of Motor Vehicles will take independent action on the "Administrative Per Se" suspension of your privilege to drive. In order to obtain relief from the mandated DMV suspension, a hearing must be requested within specific time limits, from the date of your arrest.

Jeffrey Craig Stotter provides his clients with compassion, integrity, and undaunted vigor in the field of criminal defense. Mr. Stotter has tried felony cases before juries in both State and Federal Court, and is a conflict indigent defender in Shasta County. Mr. Stotter accepts select private cases in all areas of criminal law. Mr. Stotter is a member of the National Academy of Criminal Defense Lawyers, the American Civil Liberties Union, the California Attorneys for Criminal Justice, the California Public Defenders' Association, and is a Specialist Member in Driving Under the Influence Defense of the California Deuce Defenders' Association. Mr. Stotter has represented persons accused of driving or boating under the influence of alcohol or drugs, homicide, vehicular and voluntary manslaughter, insurance fraud, kidnapping, burglary, assault, brandishing a firearm, grand theft, child molestation, possession of drugs for sale, armed robbery, cultivation of marijuana for sale, fraud, rape, terrorist threats, and possession of illegal firearms and explosive devices. Often, productive pretrial investigation and negotiation by Mr. Stotter and his investigators has led to the dismissal of charges before trial, or a decision by the prosecuting agency to refrain from filing charges at all.