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San Diego University Substance Abuse Center:

The primary mission of the Center on Substance Abuse (CSA) Driving Under the Influence Program (DUIP) is to help reduce the incidence and prevalence of driving under the influence and the negative consequences of this behavior for our community and its residents, and to assist participants in identifying and seeking solutions to their own alcohol and other drug problems.

In order to accomplish this mission, we are committed to providing, under the guidelines established by the State of California and the County of San Diego, the highest quality of educational and counseling services to those who have been convicted of violating the DUI laws.

The San Diego State University CSA DUI Program operates under California license, (#3700501120). The Official licensee is the SDSU Foundation a California non-profit organization under Chapter 501(3)c of the IRS Code. However, the program is administered by the University College of Health & Human Services, School of Social Work through the CSA. Since its designated area of services by the courts is the San Diego court district, it is referred to as the "Central District DUIP". Specific operations are in accordance with the California Health and Safety Code (H&S C) statute, Chapter 9, Section 11836 through Section 11838.5. This statute is implemented via regulations adopted by the California Department of Alcohol and Drug Programs (ADP), specified in the California Code of Regulations (CCR) Title 9, Section 9795 through Section 9886.

San Diego DUI Lawyers

1. Grossman, Randy: About DUI / DWI Charges In California, you are over the legal limit if your blood alcohol concentration (BAC) is .08%. An arrest for drunk driving can occur after being pulled over by an officer and failing a breathalyzer test or field sobriety test, or it may occur following a motor vehicle collision when an officer arrives on the scene to assess the situation. Penalties for DUI / DWI may include a fine, jail time, driver's license restriction, suspension of your driver's license, and mandatory attendance of a drug/alcohol program. Misdemeanor DUI / DWI and Felony DUI / DWI A DUI /DWI arrest may be classified as a misdemeanor charge or a felony charge depending on the circumstances of your arrest. In general, most DUI / DWI arrests that do not involve an accident or do not involve a repeat DUI arrest are misdemeanor DUIs. If a drunk driving arrest occurs after an injury accident (whether with another vehicle or a pedestrian), or if the arrest is the fourth DUI arrest in a 10-year period, it is classified as a felony DUI. After a DUI / DWI Charge - How a Criminal Law Attorney Can Help In the event of a DUI /DWI charge, you should contact Randy M. Grossman, a San Diego-based criminal defense lawyer.
2. Grimes & Warwick: DUI Cases in California In any traffic accident resulting in injuries or fatalities, the investigating officers will take a breath or blood test of the driver whom they believe to be at fault. In situations where the driver is taken to a hospital, the officers travel to the hospital to interview the subject and obtain a blood sample, which is taken by a phlebotomist. I have seen cases where the suspect driver was severely injured wherein the officers appeared to view the gathering of incriminating information about the injured driver as a higher priority than the medical treatment of the driver. We had one case where the driver complained of severe back pain, and was later diagnosed with a compression fracture of a vertebra, yet the officers took him to the station instead of the hospital, where they held him down and did a force blood draw. An emergency room doctor told me that although medical staff cooperates with the officers as much as possible, there are occasions when they have to direct an overly aggressive officer not to interfere with urgent treatment of the driver. When defending these cases, attorneys should take a close look at the circumstances of the interview of the defendant driver, as well as the chemical testing process, which is almost always a blood draw in these cases. Upon careful evaluation, the attorney may find a basis for a motion to suppress the statement and/or the blood results. You evaluate whether the facts as set forth by the arresting officer are sufficient to provide probable cause of an arrest and taking of a blood sample and in some cases you may find an independent witness who disagrees with the version of the arresting officer. If the driver is in violation of California Vehicle Code Section 23152(a) (driving under the influence) or California Vehicle Code Section 23152(b) (driving with a blood alcohol level of .08 percent or above), the driver will be charged with a felony if he or she committed a traffic infraction or drove negligently in a way that caused an accident with an injury or death. If the accident is not the fault of the drunk driver, there is no felony. If the defendant is driving down the road with a blood alcohol level of higher than .08 percent and another driver runs a red light and runs into your client, the defendant is guilty only of misdemeanor DUI, even if the other driver was injured or killed. If the defendant is at fault in a fatal accident but is not DUI, it will usually be charged as a misdemeanor or the driver may be charged with no crime at all. Causing a fatal accident while committing an unlawful traffic violation is a violation of misdemeanor California Penal Code ¤ 192.5(d). If gross negligence is involved (but no DUI), it is a felony under California Penal Code ¤ 192.5(c), and it carries a penalty of two, four, or six years in state prison. The penalties for all criminal cases where an automobile accident results in injury or death to another person will greatly increase if the defendant has a prior conviction for DUI. Relevant Statutes and Laws Statutes we commonly see applied to serious DUI cases involving death or injuries are: * California Penal Code ¤ 191.5(c): Gross vehicular manslaughter while intoxicated. Penalty: four, six, or ten years in state prison, or probation. * California Penal Code ¤ 191.5(d): Vehicular manslaughter while intoxicated, with a violation of a traffic infraction or simple negligence. Penalty: sixteen months, two, or four years in state prison, or probation. * California Vehicle Code ¤ 23153(a) and (b): DUI in violation of a traffic infraction causing injury. Penalty: sixteen months, two, or three years in state prison. If the injury is great bodily injury, there is a three-year enhancement, for each victim with great bodily injury, and the offense is a strike. Murder DUI Cases The California Supreme Court has held that a person driving under the influence of alcohol, who drives unsafely, causing the death of another, can be convicted of second-degree murder. People v. Watson (1981) 30 Cal.3d 290. The reasoning in Watson and subsequent appellate court cases is that the implied malice element of second-degree murder (which carries a fifteen-year to life sentence) can be proven by a combination of facts in any given case. These include the level of alcohol, dangerous driving (such as speeding or running stoplights), and prior knowledge of the dangers of driving while under the influence of alcohol. In most Watson murder cases, the defendant has one or more convictions of misdemeanor DUI, but this is not a prerequisite (Watson had no priors). There is a fine line between the gross negligence element of gross vehicular manslaughter and the implied malice element of second-degree murder. Malice contemplates a subjective awareness of a higher degree of risk than does gross negligence. Almost any fatal accident charged as DUI vehicular manslaughter with gross negligence could also be charged as a Watson murder case. Restraint by the district attorneys issuing these cases is the only reason Chief Justice Rose Bird was not correct in predicting, in her dissent in Watson, that the decision made it Òa virtual certainty that any individual who knowingly drives to a social outing, takes a few drinks, and while driving home is involved in an accident in which a death occurs, may be charged with murder in the second degree.Ó As a result, attorneys need to win these cases on the trial court level, with a plea bargain or jury verdict that does not include murder. In the twenty-seven years since Watson was decided, no Watson murder case has been reversed for insufficiency of evidence. Strategies for Defending These Cases In many cases, we retain accident reconstruction experts to evaluate the findings of the prosecutionÕs experts, and private investigators to re-interview witnesses or locate witnesses not interviewed by law enforcement. It is a good idea to get your expert to the scene of the accident as soon as possible, so your expert can take photographs and observe any remaining physical evidence, such as skid marks and broken glass. In some cases, you should arrange with the district attorney to have your expert go to evaluate the impounded vehicles. Some law enforcement experts are very good and some are not so good, but even when their expert is good, your expert may find something they have missed or misinterpreted. By their very nature, these cases inherently involve accidents, and in accident cases there are often issues regarding who was driving. In instances where this is up for debate, a solid strategy is to focus on this issue and investigate, establish, and clearly present all relevant facts about who was actually driving. As an example, our firm handled one case involving four fatalities where the man and woman in the suspect vehicle were thrown from the vehicle. The California Highway Patrol concluded that the man was the driver, and he was a candidate for a Watson murder charge because he had a prior DUI. Evidence was found, including a video at a casino shortly before the accident, showing the woman getting into the driverÕs seat while the man got into the passengerÕs seat. As a result of the evidence uncovered by our investigation, it eventually was the woman, not the man, who was charged. She did not have any prior DUIs and was not charged with murder, but she was charged with four counts of felony vehicular manslaughter with gross negligence. In another case, our client, who was DUI and speeding, ran into a car that was stopped on the freeway, and the driver of that car was also DUI and had run into the side of the beam of the freeway. He had spun to a stop in the fast lane sometime before the collision that took his life and that of his passenger. Under the vehicular manslaughter and felony DUI statutes, contributory negligence on the part of another driver generally is not a defense, unless it is the sole cause or superseding cause of the accident. However, in our case, a human factors expert was able to show that under the lighting conditions existing at the time of the fatal collision, the victim vehicle would have been almost impossible to see even by a sober person driving the speed limit. A human factors expert has expertise in how people receive, interpret, and respond to information they receive from their eyes and ears. Felony Hit-and-Run Cases Police usually assume a hit-and-run involves a fleeing DUI, although in truth they will also tell you that many of the drivers who flee an accident scene are undocumented aliens. California Vehicle Code section 20001(a) provides that leaving the scene of an accident that involves injury, without providing the required information regarding identity and insurance coverage of the driver, is a felony, punishable by state prison or county jail. When a client tells an attorney that he or she was involved in a hit-and-run, the client must be told not to talk to anyone at all about the matter, including friends, family, and co-workers. If the client was the driver, tell the client you will not allow them to lie or to incriminate him or herself. That leaves only one option: donÕt talk. The attorney will call the hit-and-run detective and decline the inevitable pressure to have the client make a statement. If the officer is going to make an arrest, it is a good strategy to arrange with the district attorney and the court to surrender the client directly to the court, or, if that is not possible, directly to the officer. However, do so with the admonition to both the client and the officer that no interview of any kind will be allowed. Warn the client that any Òspontaneous statementÓ of any kind will appear in a police report. Hit-and-run cases are extremely hard to prove, even if witnesses get a partial or even a complete license plate. Even when the suspectÕs car is left at the scene, it is not sufficient to prove who was driving the car. Some clients will want to make up a story about the car being stolen, and of course, they can never be allowed to do so. The instructions to the client are simple: do not admit anything and, above all, do not lie. Generally, this means the clientÕs best approach is to keep his or her mouth shut. The car is evidence, so the client cannot hide it, paint it, or change it in any way, as long as there is a pending investigation. In these cases, the attorney will file an SR-1 form with the Department of Motor Vehicles on behalf of the client, giving the information on the registered owner and the insurance coverage, leaving the section about the driver blank. The attorney will give the insurance information of the registered owner to the officer. Occasionally a client will tell you they left the scene because they didnÕt know they hit another car (or a person) until much later. Whatever the client tells you, you are still not going to let them talk to the police. In some instances, you may decide to get your clientÕs side of the story to the police, but you will do this yourself. Coordinating the Felony Case with the Parallel Civil Case There are almost always civil claims and lawsuits involved in these cases as well. A basic strategy to follow in these cases is for the lawyer defending the criminal case to contact the clientÕs insurance company right away. The auto liability policy will not pay for attorneysÕ fees in the criminal case, but it will pay for the attorneysÕ fees, as well as investigative and expert fees, in the civil case. The clientÕs insurance company will want a tape-recorded interview with the client. The lawyer defending the criminal case should be present during the interview and should state on the record that the purpose of the interview is to provide the insurance company and its attorneys with information to defend its insured in any civil proceedings. Further, he or she should state that giving the interview does not waive any privileges, including Fifth and Sixth Amendment privileges or the work product privilege. The insurance company should be encouraged to make a prompt settlement, one that is as full and generous as possible, with the victims or heirs of victims in fatality cases. In any case where the client is convicted, these victims will be in court presenting their opinions to the sentencing judge. When the civil case is settled, the settlement and release of further claims should be drafted so it makes it clear that the release includes all damages that could be subject to a restitution order in the criminal case. When this is not done correctly, a client who has already settled his or her civil case with a victim could be subject to a criminal restitution order of hundreds of thousands of dollars. This complex area depends on many factors, and in some cases, you will advise your client to hire civil counsel to assist you with drafting the release of liability. We have found that our clientsÕ liability carriers, including the adjustors and the law firms they hire to defend claims, have been cooperative in working together with criminal defense counsel. Other Consequences in Felony Driving Cases In addition to the possibility of state prison, the other consequences of these cases including lengthy suspension or revocation of the privilege to drive, fines, restitution orders, and professional licensing issues. It is also important to think of the non-legal ramifications, such as loss of reputation, financial difficulties, and even travel issues. Some countries will not give visas to foreigners with felony convictions. Canada will not give a tourist visa to a foreigner with even a misdemeanor DUI.
3. Hale Law Group: Misdemeanor 23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. What does it mean? In California you cannot drive with a .08 Blood Alcohol or above, OR be under the influence of alocohol. In some prosecutions I have seen a jury has been known to convict with a Blood Alcohol as low .05 Blood Alcohol. My office however, has never had anyone convicted of a DUI with under a .08 Blood Alcohol. Although we can legally make no promises as to likelihood of success, I feel there is no reason to believe that is likely to change in the future. While a DUI conviction can be a life changing event, a good lawyer starts the case looking at the possible defenses. For more information please click the DUI Defenses link. Felony 23153. (a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. What does it mean? This is what is called a Felony DUI. This is where a person has caused injury to another person while driving under the influence. I have seen people convicted of the DUI in this instance with a much lower Blood Alcohol volume, since there was an injury. Many prosecutors feel the "need" to punish these offenders more vigorously since they feel the public would be offended if they were not to do so. The extent of a penalty will depend on the injuries caused, whether there was loss of life, if there were any additional aggravating or mitigating circumstances, and whether there was a history of previous DUI's. I have seen Felony DUI's get dismissed, and I have seen life sentences. One of those cases was sentenced in November of 2008, and this person will not be eligible for parole for the foreseeable future. Wet/Wreckless 23103.5. (a) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of Section 23103 in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of any alcoholic beverage or ingestion or administration of any drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of any alcoholic beverage or the ingestion or administration of any drug by the defendant in connection with the offense. The extent of a penalty will depend on the injuries caused, whether there was loss of life, if there were any additional aggravating or mitigating circumstances, and whether there was a history of previous DUI's. I have seen Felony DUI's get dismissed, and I have seen life sentences. One of those cases was sentenced in November of 2008, and this person will not be eligible for parole for the foreseeable future. What does it mean? Many people feel a wet/wreckless plea bargain is the "Holy Grail" of DUI's. This is partially true, and partially false. It is true because the fine is significantly reduced. Some jobs can be saved with this plea bargain, since some employers will discharge an employee with a DUI conviction. There is no actual plea to a DUI. This conviction is "priorable". If you get convicted of a wet/wreckless, it counts as a prior DUI if you were ever to get pulled over for a DUI in the future. Many insurers do not differentiate between a DUI and a Wet/Wreckless conviction. Most importantly, you still are left with a criminal conviction. Prior Convictions 23550. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. What does it mean? A prior conviction will raise ALL penalties with a DUI significantly. It is harder to defend a DUI with a prior, and takes more time as an attorney. Feel free to ask our results with clients who have had more than one DUI. A DUI with a prior will raise the cost of representation, however, some lawyers have significantly different experience with this.
4. Gormlie, Frank: THE TRUTH ABOUT DUIÕs IN SAN DIEGO COUNTY Many attorneys who handle DUIs shroud their cases in some kind of mysterious aura, keeping the real truth about how they go about resolving the DUI from their clients. I donÕt do that. I will and can offer my insight and experiences once the facts of the case have been presented to me, and I will give the client an unaltered view of the chances for resolving it favorably, or - what is usually the situation- give the client the harsh reality about their case, and how to get on with their lives. The Truth is - there is very little to negotiate about DUIÕs in this County and in this day and age. Most people who are arrested and charged with a DUI have very little Òwiggle-roomÓ in having their case resolved in their favor. I will meet with you, and do an appraisal of your case. If there are legal or factual issues which may help your case to be resolved favorably, I will discuss those with you. The Truth is the vast majority of DUI cases are not dismissed, are not resolved with a Òwet recklessÓ or Òdry recklessÓ. The Truth is, by far, most people who are arrested for a DUI - plead guilty or are convicted. The Truth is - for a first-time DUI - there is no jail time. Some law firms try to frighten their prospective clients with claims that they are looking at 6 months in jail. I do not do this. FEES - can you imagine being charged $3000 or $4000 or more for a DUI without going to trial? Some firms charge that outrageous amount! I do not charge such high fees as I believe such high fees are UNCONSCIONABLE. For DUIÕs I will charge you an amount from $250 to $1500 depending on the charges, the facts of the case, and the likelihood of resolving your case favorably. If your case is worth going to trial - I will charge you more, approximately $300 per day of trial. But juries on DUI cases are extremely harsh and unforgiving. The Truth is - DUI trials are very tough to win. 99.9% of cases NEVER go to trial. I will not give you a load of BS in order to extract high fees from you. I will not frighten you into thinking you will go to jail if you donÕt hire me. In essence, I am more interested in educating my clients, not soaking them. Why? Simply, I am tired of seeing fancy law firms taking outrageous fees from clients, many of whom are working people and need their savings. For more on the truth about DUIs, go to the page on the sidebar.
5. Feldman, Steven: State Criminal Law; Drugs and Narcotics; Controlled Substances Law; Drug Crimes; Drug Trafficking; Assault and Battery; Burglary; Capital Offenses; Criminal Defense; Criminal Fraud; Death Penalty; Forgery; Hit and Run; Homicide; Manslaughter; Murder; Sex Crimes; Sexual Assault; Shoplifting; Search and Seizure; Weapons Charges; Resisiting Arrest; Assault on Peace officers.
6. Ghazialam, Bashir: If you are not a U.S. citizen and accused of a crime, you not only face time in jail and fines, but you may face deportation from America, and in some cases indefinite detention by the immigration service! Even if you do not spend a single day in jail, you could still be subjected to deportation or removal proceedings!
7. David Gutierrez: If youÕve been arrested: As a criminal defendant you have the constitutional right to be represented by a lawyer at all stages of the criminal proceeding. In certain cases your lawyer can appear for you in court without your presence under Penal Code Section 977. You should understand the constitutional rights that youÕll have during these criminal proceedings. 1. You have the right to a speedy and public trial. 2. You have the right to confront and cross examine all witnesses against you. 3. You have the right to remain silent. 4. You have the right to present evidence on your behalf and to subpoena all witnesses at no cost to you. The criminal process begins with the investigation and an arrest by a law enforcement agency. The arresting officers forward any reports, statements and evidence to the district attorney for prosecution. Once youÕve been arrested you will have the following court dates: 1. Arraignment - 2. The first court hearing is the arraignment. At the arraignment you will be presented with a formal complaint detailing any charges and special allegations against you. It is important to have your attorney at this stage of the proceedings to advise you of your constitutional rights, enter a not guilty plea, and request a reduction of bail or release on your own recognizance. 3. Pre-Trial Readiness Conference - 4. This is a conference where the Judge, Deputy District Attorney and your Defense Attorney will meet to discuss and negotiate a settlement of the case. Each and every case is different in circumstances and facts; as such a variety of scenarios may take place during this conference. For example: the Deputy District Attorney may give an offer to settle; your Defense Attorney may give an offer to settle; a continuance may be requested to conduct further investigation and discovery in the matter. If a settlement is not reached at this time the case goes on to a preliminary hearing. 5. Preliminary Hearing - 6. The preliminary hearing is an opportunity to listen to the prosecution's witnesses and hear the evidence in the case. A judge must determine if there are sufficient facts to indicate that the defendant is guilty of the alleged crime. The defendant has the right to a preliminary hearing within ten days after the arraignment. If sufficient facts are not found, the case is dismissed. If sufficient facts are found, the case is said to be bound over and the defendant is once again arraigned on the charges. The complaint is now formally called an information. 7. Trial Readiness Conference - 8. This is another opportunity for the defense counsel to negotiate a favorable outcome for the defendant. The judge, Deputy District Attorney and defense counsel meet to discuss the case.
8. Phillip Gagnon: It would be so simple if Éyou could just walk in and talk to the prosecution about your DUI case. It would be so simple if Éyou could explain to them that you had a drink; but, you really weren't driving while drunk like the arresting officer said. And, you certainly didn't violate any California DUI law. It would be so simple if Éyou could just promise you won't do it again, and the drunk-driving charge against you would just be dropped so you could get on with your life after paying some reasonable fine. Riiiight. We both know this just isnÕt going to happenÉat least not that way. The ProsecutorÕs job is to get a conviction by whatever means he/she can.
9. Eddy, Canizalez & Associates: Most drinking and driving offenses are misdemeanors. The most common misdemeanor drinking-driving offense is known as DWI, or driving while intoxicated, or DUI, driving under the influence of an intoxicant. Reduced to simple terms, most misdemeanor drinking and driving offenses consist of four acts. The operation or other use of a vehicle, in a covered location, while under the influence of an intoxicant. These four acts must be proven beyond a reasonable doubt to convict a person of any drinking and driving defense.
10. Eugene Ellis: You need to hold your head up and realize that just because you have been given a DUI ticket, you are not a bad person. You are the same person you were the morning before you got your DUI ticket, and you will be the same person tomorrow. Don't give in to the humiliation tactics. It's not the end of the world, you will come through this.
11. Ray Estolano: The punishment for a DUI ranges from jail/prison time to a fine with summary probation. Sometimes, depending on the facts, your case can be dismissed or negotiated down to what's called a wet reckless.
12. Mayra Garcia: California DUI: "DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental or physical faculties are impaired and/or their blood alcohol content is above the legal limit of .08. Even for a first offense, penalties can include mandatory overnight incarceration, license suspension, substantial fines, community service, and mandatory attendance at a state or DMV approved alcohol program. In addition, a DUI conviction stays on a DMV record for at least 10 years; it typically results in higher insurance premiums and may have a negative impact on the offender's credit record. Plus, a DUI could also jeopardize your employment opportunities or current employment. If someone was injured as a result of the drunken driving accident, however, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further,a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
13. James Gleave: If you are arrested for a crime, the judge will usually set what is called "bail." Bail is sometimes set, per a schedule, immediately after you are booked for a crime. For more serious crimes, bail may not be set until your arraignment, which is the court date where the charges are read against you and you enter your plea. Bail is the amount of money you are required to pay in order to be able to leave jail during the period between your arraignment and trial. In some cases the judge may deny you any bail, meaning that you will have to stay in jail to await your criminal trial. For example, individuals who commit particularly reprehensible crimes or who are considered to be a high flight risk may be denied bail. In most situations, you are not required to pay the full bail amount, but are instead allowed to post a portion of it, as a "bond." The bond is your promise that you will show up for all required court appearances. There are many different ways in which bond can be posted.
14. Michael I. Gowdey: A qualified lawyer can offer a person accused of DUI many possible defenses, from defense based upon lack of probable cause to stop the person, to rising blood alcohol defense, and more. These defenses could result in dismissal of the charges, reduction of the charges, or outright acquittal at trial. Further, an experienced lawyer can safeguard a defendant's interests in areas that the defendant may not even think of when assessing the need for retained counsel.