California attorney Steven R. Andrade has been a prosecutor and defense attorney for more than 25 years and has handled thousands of DUI cases. He understands the best strategies to defend a driver facing a DUI charge and he knows what arguments will be most persuasive to a prosecutor to get a DUI charge reduced or dismissed based on his own experience as a former Ventura County prosecutor.
If you have been charged with DUI in California, you may wonder about the likelihood of getting the charges dismissed or reduced and how to proceed. Under certain circumstances, it is possible for a skilled defense attorney to negotiate to have the charges reduced or dismissed, depending on the specific facts. You likely have a number of questions about the charges you are facing.
Andrade, a well-known defense attorney in Southern California, discusses advanced strategies for defending DUI cases in a new free downloadable book, “Strategies for Defending DUI Cases in California, 2015 Edition.” It offers a detailed analysis of the many factors to consider in building a successful DUI defense.
He outlines the application of various DUI defense strategies including the:
- Rising blood alcohol level defense
- No driving defense
- Drinking after driving defense
He stresses the critical importance of obtaining as quickly as possible all materials available through discovery such as police reports, audio and video recordings, blood tests, and records related to the breath testing devices. The attorney must thoroughly review and evaluate the materials to develop the best defense strategy.
The experienced attorney discusses the increasing importance of scientific evidence in DUI cases and the value of ordering maintenance logs and calibration records of the breath testing devices used to administer the breath test. California law requires that breath testing devices be tested for accuracy and calibrated after 150 tests or 10 days, whichever occurs first. The maintenance logs and calibration records enable the defense attorney to determine the accuracy of the device and whether it was reading high or low.
Andrade also explains the importance of knowing the prosecutors and judges with whom you are dealing and how a skilled attorney may negotiate for a client to receive the benefit of the doubt in a close case. Even in jurisdictions where plea bargains are not permitted, prosecutors may have some discretion to amend a charge in the interest of justice.
Andrade stresses the importance of developing professional relationships with forensic alcohol experts, toxicologists and accident reconstruction experts and hiring expert witnesses with exceptional education, training, and experience if the case involves serious injuries or is likely to go to trial.
The book offers many insights into the myriad factors to consider in a DUI case and how a skilled DUI defense attorney analyzes the fact pattern and builds a successful DUI defense. The information contained in the book should be of interest to lawyers and lay people as well. But no one who reads the book should construe it to suggest that an individual should attempt to represent his or her self in a legal matter as serious as a DUI case.
If you have been arrested for DUI, you should consult with a skilled DUI defense attorney about your legal options.