DRUNK DRIVING DEFENSE (DUI DEFENSE)
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James B. Kamanski, Attorney at Law
10940 Wilshire Blvd., Suite 600
Los Angeles, CA 90024
(424) 901-8011 (424 is West L.A.'s newest area code)
(424) 901-8012 fax
james@jbeklaw.com
10940 Wilshire Blvd., Suite 600
Los Angeles, CA 90024
(424) 901-8011 (424 is West L.A.'s newest area code)
(424) 901-8012 fax
james@jbeklaw.com
Drunk Driving Defense
DISCLAIMER: The following content is not intended to be legal advice to the reader.
This page shows you the key elements in hiring a successful drunk driving defense. If you would like to
read an overview of criminal cases in general, click Criminal Defense. This page addresses the criminal
side and DMV side to a drunk driving case.
If you have clicked on this DUI page you have been arrested and now released. You are comparing DUI
lawyers in your decision about who to hire. You may have received tasteless “jail mail” ads in your
mailbox by lawyers who pay a special service to know the names of fresh DUI arrestees such as
yourself. You may be confused by the various claims on all the websites. Some lawyers claim 100% of
their practice is DUI defense to hook you. Others recite as many details about DUI law to create an
appearance of superior knowledge as a selling point.
What You Need to Know About Drunk Driving Lawyers
The mechanics and knowledge behind defending a DUI case are no secret. Challenging the officer’s
right to pull you over, challenging the field sobriety tests after being pulled over, and challenging the
breath (or blood) test administered at the police station are the three basic stages at which a DUI case
is attacked - and the methods for mounting the attack are the subject of thorough publications on DUI
defense used by virtually all prosecutors, defense attorneys, and judges alike.
What sets apart a successful defense lawyer is the willingness to challenge your case through trial, and
execution of the known methods at trial. A creative approach by the lawyer to scour your case for
potential “silver bullets” to your defense is also essential.
There are “dump truck” lawyers who will take a fee to simply appear at your court dates and accept a
standard plea bargain offered by the prosecution. These lawyers are settlement lawyers who are
unwilling or unskilled in trial practice. These lawyers do not give much value to the money you pay them.
There are “exclusive” DUI lawyers who show good results on their websites and do take cases to trial,
but given the large volume of their case load they are usually advertising only a glimpse of their results -
or the “tip of the iceberg.” What you are not aware of is that these lawyers quietly settle dozens of other
cases for each case they take to trial - and your case may be one of the dozens. While settlement is
often appropriate, you can be charged an excessive fee for what is a routine service justified by the law
firm’s “exclusivity” and appearance of trying many cases.
Jim Kamanski will evaluate your case for “silver bullets” to possibly knock out the case early and obtain
a dismissal (as with improper “stops” or pull overs), will build up a factual and legal defense to maximize
your bargaining position with the prosecution, and will vigorously try your case to a jury if you have a
good shot at obtaining a defense verdict. Each aspect of the services offered by Jim Kamanski will
provide value to the fee you pay. The legal fee can be structured (meaning it can increase with how far
you wish to take your defense). Your fee can also be structured to meet your budget and expected
goals. Your legal fee will always be fair and reasonable.
How Does a Drunk Driving Case get Started?
You get “popped” while driving. The first clue to the police officer is often a simple driving offense, such
as speeding, an illegal lane change, or an illegal turn that by itself would cost you no more than a simple
traffic ticket. Once the officer spots something fishy in your driving, he now has “cause” to pull you over,
and from there an arresting officer will administer field sobriety tests and sometimes a portable breath
test on the spot. These “tests” are designed to build more evidence of intoxication against you to justify
an arrest. Once arrested and taken to the station, the final blow comes with a breath or blood test that
scientifically detects the amount of alcohol in your blood stream. The results of these tests usually
establish the basis for a drunk driving charge. In California, the legal limit is .08% alcohol in your blood
at the time of driving. It is easy to get your blood-alcohol content over this limit - just a couple of beers
or drinks can do it.
If you flunk the final tests, you will be charged with drunk driving. If you pass the final tests, the police
officer may be suspicious that drugs are to blame for your condition and order further testing. Even if
you are drug free and pass the final tests, you can still be charged with reckless driving with alcohol in
your system - a so called “wet reckless.” Often, the police officer wants “something” from you for the
hassle of the arrest, even if you end up with just a traffic ticket after all the trouble.
Once charged with drunk driving, two things happen: 1) the arresting officer will take away your license
and give you a piece of paper constituting a temporary license. 2) You will have to appear in criminal
court to answer for the DUI charges, and you will be assigned a court date and location for your first
court appearance.
The DMV and the Criminal Court
All DUI cases get put on two “tracks” that are separate from the other. The first track is dealing with the
DMV. Since driving is not a right secured by the Constitution (although often essential to our daily
lives), the DMV is legally authorized to take away your license without justification. The DMV cannot put
you in jail or fine you. It can only snatch your license. In California, the DMV has decided that simply
failing the breath or blood test is enough to suspend your license. In some effort at fairness, the law
does allow you to challenge the suspension of your license by electing for a special “hearing” with the
DMV over the validity of the arrest and test results. But these DMV hearings are not like court
hearings. They are informal administrative grievance procedures. A DMV officer untrained as a lawyer
acts as the final decision maker. Usually the DMV hearings are short and the DMV officer is biased
against you. You have limited rights to an appeal as well. Despite all of this, a DMV hearing should be
not be ignored, as these hearings can be won. You have ten days following your date of arrest to
request an “in person” DMV hearing - which allows you to testify, allows you to have the police officer
testify, and allows you to bring in other live witnesses. You (or your attorney) must call the DMV within
this ten day period to preserve your right to an “in person” DMV hearing. Failure to do so waives the
right to an “in person” hearing.
The second “track” is with the criminal court. You do have a Constitutional right to liberty, and so in
criminal court your drunk driving charge will be processed like any other crime, such as assault, battery,
or theft. The criminal court can put you in jail and fine you, and so you have all sorts of Constitutional
guarantees here. You will appear for an arraignment, you will enter a plea of not guilty, you have a right
to a speedy trial, right to a jury, and you are presumed innocent of all charges until you either formally
admit to guilt or until a jury says you are guilty. This is quite different from the DMV administrative
process regarding your license, which presumes guilt until you prove you are innocent. Again though,
the DMV can only snatch your license. It can do nothing more. To read the details on how the criminal
courts work, including trial of a criminal case, click on Criminal Defense.
In the DMV hearings and in particular the criminal courts, there are many proven methods of defending
a DUI case. Everything from the arrest to the testing, and the test devices themselves, can be attacked,
impeached, picked apart, and otherwise challenged to cast doubt on the overall validity of the charges
against you. Success at a DMV hearing comes from a "set aside" of your driving suspension. An
ultimate success for you and your lawyer in the criminal court is either a dismissal or “not guilty” verdict.
Fighting this battle is where you want a lawyer who is willing and able to prepare your case for trial and
take your case to trial. This is why you want to hire Jim Kamanski as your lawyer.
Can I Buck the System and Refuse the Final Blood or Breath Tests
Not really. These are called “refusal” cases. Though you generally have a right to refuse the final tests
at the police station - hoping to keep the police officer from obtaining that final piece of crucial evidence
needed to convict you for DUI, there are penalties to refusing. The first penalty is with the DMV.
Remember the DMV can freely snatch your license since driving is merely a privilege, not a
Constitutionally guaranteed right. So, under the law if you refuse the blood or breath test, the DMV
slaps back by automatically suspending your license for one year. Of course you can elect for a DMV
hearing in these cases, but your chances for success will be low.
In the criminal court your refusal may give you a little more leverage, since there is no scientific
evidence of blood-alcohol content to use against you. However, DUI cases can be proven by simply
showing you were sufficiently “impaired” to operate a motor vehicle. Under a “count a” offense (Cal.
Vehicle Code section 23152(a)) the prosecution does not have to show a blood-alcohol content
exceeding .08%. The prosecution need only show that you were impaired enough from the alcohol in
your system that you could not reasonably and safely drive your vehicle. This is an amorphous
standard, but it can easily form the basis of a drunk driving conviction. Usually these cases are proven
by showing police officer observations of intoxication. These include smelling alcohol on the breath,
slurred speech, blood shot and watery eyes, swayed walking, failing some or all of the field sobriety
tests, and a poor driving pattern before being pulled over. The fact that a person “refused” the breath
or blood testing can also be used to show a consciousness of guilt.
In short, refusing the breath or blood testing usually does not yield an overall advantage to your drunk
driving arrest when you consider the DMV consequences and the limited advantage you might obtain in
the criminal courts.
How to get Started with Jim Kamanski as your Lawyer
Pick up the phone and give Jim a call. Jim can set your DMV hearing, plan your defense at the hearing,
and will also appear on your behalf at the DMV hearing and in criminal court. Very often you will not
need to appear in criminal court yourself, which is a great advantage to hiring a lawyer to appear for
you. Your appearance will only be necessary in certain circumstances, such as trial if you elect for a
trial. When you call, Jim can discuss all of your options, fee arrangements, and help plan your defense
within your budget taking into consideration the risks to you. Most importantly, by hiring Jim you will
obtain thorough and quality representation with a lawyer willing to build up your defense and take your
case to trial. This in turn will yield your best results. Your case will be handled only by Jim. No other
attorney will be involved whatsoever. Please give us a call. All initial consultations are free.
DISCLAIMER: The content above is not intended to be legal advice to the reader.
This page shows you the key elements in hiring a successful drunk driving defense. If you would like to
read an overview of criminal cases in general, click Criminal Defense. This page addresses the criminal
side and DMV side to a drunk driving case.
If you have clicked on this DUI page you have been arrested and now released. You are comparing DUI
lawyers in your decision about who to hire. You may have received tasteless “jail mail” ads in your
mailbox by lawyers who pay a special service to know the names of fresh DUI arrestees such as
yourself. You may be confused by the various claims on all the websites. Some lawyers claim 100% of
their practice is DUI defense to hook you. Others recite as many details about DUI law to create an
appearance of superior knowledge as a selling point.
What You Need to Know About Drunk Driving Lawyers
The mechanics and knowledge behind defending a DUI case are no secret. Challenging the officer’s
right to pull you over, challenging the field sobriety tests after being pulled over, and challenging the
breath (or blood) test administered at the police station are the three basic stages at which a DUI case
is attacked - and the methods for mounting the attack are the subject of thorough publications on DUI
defense used by virtually all prosecutors, defense attorneys, and judges alike.
What sets apart a successful defense lawyer is the willingness to challenge your case through trial, and
execution of the known methods at trial. A creative approach by the lawyer to scour your case for
potential “silver bullets” to your defense is also essential.
There are “dump truck” lawyers who will take a fee to simply appear at your court dates and accept a
standard plea bargain offered by the prosecution. These lawyers are settlement lawyers who are
unwilling or unskilled in trial practice. These lawyers do not give much value to the money you pay them.
There are “exclusive” DUI lawyers who show good results on their websites and do take cases to trial,
but given the large volume of their case load they are usually advertising only a glimpse of their results -
or the “tip of the iceberg.” What you are not aware of is that these lawyers quietly settle dozens of other
cases for each case they take to trial - and your case may be one of the dozens. While settlement is
often appropriate, you can be charged an excessive fee for what is a routine service justified by the law
firm’s “exclusivity” and appearance of trying many cases.
Jim Kamanski will evaluate your case for “silver bullets” to possibly knock out the case early and obtain
a dismissal (as with improper “stops” or pull overs), will build up a factual and legal defense to maximize
your bargaining position with the prosecution, and will vigorously try your case to a jury if you have a
good shot at obtaining a defense verdict. Each aspect of the services offered by Jim Kamanski will
provide value to the fee you pay. The legal fee can be structured (meaning it can increase with how far
you wish to take your defense). Your fee can also be structured to meet your budget and expected
goals. Your legal fee will always be fair and reasonable.
How Does a Drunk Driving Case get Started?
You get “popped” while driving. The first clue to the police officer is often a simple driving offense, such
as speeding, an illegal lane change, or an illegal turn that by itself would cost you no more than a simple
traffic ticket. Once the officer spots something fishy in your driving, he now has “cause” to pull you over,
and from there an arresting officer will administer field sobriety tests and sometimes a portable breath
test on the spot. These “tests” are designed to build more evidence of intoxication against you to justify
an arrest. Once arrested and taken to the station, the final blow comes with a breath or blood test that
scientifically detects the amount of alcohol in your blood stream. The results of these tests usually
establish the basis for a drunk driving charge. In California, the legal limit is .08% alcohol in your blood
at the time of driving. It is easy to get your blood-alcohol content over this limit - just a couple of beers
or drinks can do it.
If you flunk the final tests, you will be charged with drunk driving. If you pass the final tests, the police
officer may be suspicious that drugs are to blame for your condition and order further testing. Even if
you are drug free and pass the final tests, you can still be charged with reckless driving with alcohol in
your system - a so called “wet reckless.” Often, the police officer wants “something” from you for the
hassle of the arrest, even if you end up with just a traffic ticket after all the trouble.
Once charged with drunk driving, two things happen: 1) the arresting officer will take away your license
and give you a piece of paper constituting a temporary license. 2) You will have to appear in criminal
court to answer for the DUI charges, and you will be assigned a court date and location for your first
court appearance.
The DMV and the Criminal Court
All DUI cases get put on two “tracks” that are separate from the other. The first track is dealing with the
DMV. Since driving is not a right secured by the Constitution (although often essential to our daily
lives), the DMV is legally authorized to take away your license without justification. The DMV cannot put
you in jail or fine you. It can only snatch your license. In California, the DMV has decided that simply
failing the breath or blood test is enough to suspend your license. In some effort at fairness, the law
does allow you to challenge the suspension of your license by electing for a special “hearing” with the
DMV over the validity of the arrest and test results. But these DMV hearings are not like court
hearings. They are informal administrative grievance procedures. A DMV officer untrained as a lawyer
acts as the final decision maker. Usually the DMV hearings are short and the DMV officer is biased
against you. You have limited rights to an appeal as well. Despite all of this, a DMV hearing should be
not be ignored, as these hearings can be won. You have ten days following your date of arrest to
request an “in person” DMV hearing - which allows you to testify, allows you to have the police officer
testify, and allows you to bring in other live witnesses. You (or your attorney) must call the DMV within
this ten day period to preserve your right to an “in person” DMV hearing. Failure to do so waives the
right to an “in person” hearing.
The second “track” is with the criminal court. You do have a Constitutional right to liberty, and so in
criminal court your drunk driving charge will be processed like any other crime, such as assault, battery,
or theft. The criminal court can put you in jail and fine you, and so you have all sorts of Constitutional
guarantees here. You will appear for an arraignment, you will enter a plea of not guilty, you have a right
to a speedy trial, right to a jury, and you are presumed innocent of all charges until you either formally
admit to guilt or until a jury says you are guilty. This is quite different from the DMV administrative
process regarding your license, which presumes guilt until you prove you are innocent. Again though,
the DMV can only snatch your license. It can do nothing more. To read the details on how the criminal
courts work, including trial of a criminal case, click on Criminal Defense.
In the DMV hearings and in particular the criminal courts, there are many proven methods of defending
a DUI case. Everything from the arrest to the testing, and the test devices themselves, can be attacked,
impeached, picked apart, and otherwise challenged to cast doubt on the overall validity of the charges
against you. Success at a DMV hearing comes from a "set aside" of your driving suspension. An
ultimate success for you and your lawyer in the criminal court is either a dismissal or “not guilty” verdict.
Fighting this battle is where you want a lawyer who is willing and able to prepare your case for trial and
take your case to trial. This is why you want to hire Jim Kamanski as your lawyer.
Can I Buck the System and Refuse the Final Blood or Breath Tests
Not really. These are called “refusal” cases. Though you generally have a right to refuse the final tests
at the police station - hoping to keep the police officer from obtaining that final piece of crucial evidence
needed to convict you for DUI, there are penalties to refusing. The first penalty is with the DMV.
Remember the DMV can freely snatch your license since driving is merely a privilege, not a
Constitutionally guaranteed right. So, under the law if you refuse the blood or breath test, the DMV
slaps back by automatically suspending your license for one year. Of course you can elect for a DMV
hearing in these cases, but your chances for success will be low.
In the criminal court your refusal may give you a little more leverage, since there is no scientific
evidence of blood-alcohol content to use against you. However, DUI cases can be proven by simply
showing you were sufficiently “impaired” to operate a motor vehicle. Under a “count a” offense (Cal.
Vehicle Code section 23152(a)) the prosecution does not have to show a blood-alcohol content
exceeding .08%. The prosecution need only show that you were impaired enough from the alcohol in
your system that you could not reasonably and safely drive your vehicle. This is an amorphous
standard, but it can easily form the basis of a drunk driving conviction. Usually these cases are proven
by showing police officer observations of intoxication. These include smelling alcohol on the breath,
slurred speech, blood shot and watery eyes, swayed walking, failing some or all of the field sobriety
tests, and a poor driving pattern before being pulled over. The fact that a person “refused” the breath
or blood testing can also be used to show a consciousness of guilt.
In short, refusing the breath or blood testing usually does not yield an overall advantage to your drunk
driving arrest when you consider the DMV consequences and the limited advantage you might obtain in
the criminal courts.
How to get Started with Jim Kamanski as your Lawyer
Pick up the phone and give Jim a call. Jim can set your DMV hearing, plan your defense at the hearing,
and will also appear on your behalf at the DMV hearing and in criminal court. Very often you will not
need to appear in criminal court yourself, which is a great advantage to hiring a lawyer to appear for
you. Your appearance will only be necessary in certain circumstances, such as trial if you elect for a
trial. When you call, Jim can discuss all of your options, fee arrangements, and help plan your defense
within your budget taking into consideration the risks to you. Most importantly, by hiring Jim you will
obtain thorough and quality representation with a lawyer willing to build up your defense and take your
case to trial. This in turn will yield your best results. Your case will be handled only by Jim. No other
attorney will be involved whatsoever. Please give us a call. All initial consultations are free.
DISCLAIMER: The content above is not intended to be legal advice to the reader.