San Diego DUI Attorney
The Law Office of Michael Rehm is a DUI and Criminal Defense Law Office that practices throughout San Diego County. Michael Rehm is available for free, confidential consultations at (619) 787-3456.
What We Defend:
San Diego DUI Attorney:
The Law Office of Michael Rehm provides representation on all driving under the influence matters. Once a DUI arrest occurs, a hearing must be set with the California DMV within 10 days of the arrest. Therefore, even with the normal sense of urgency in a criminal case, there is a strict deadline right away. This hearing allows the defense an opportunity to contest any potential license suspension, as well as obtain valuable evidence from the DMV, that might not be available in court.
There are many potential charges in drunk driving litigation. Vehicle Code 23152(a) and (b) are the most common charges associated with a DUI case. There are also felony DUI charges, wet reckless, DUI Boating and several enhancements that can be added to these types of cases. These cases can have far-reaching consequences. Obviously, the more severe the charge, the greater the need for a qualified attorney and a sound defense.
Although every case is unique, and the consequences will be unique to each individual, there are certain factors that are looked at in every DUI case. The two main factors are impairment and driving. If it is DUI case with alcohol, as opposed to drugs, what was the blood alcohol level? That is where you start, but it is certainly not where you end up. The blood alcohol level usually referred to in these cases is the result of either the blood or breath test administered by law enforcement either before or after an arrest. This is the government's version of events. This is the government's determination of what your blood alcohol level was. Is the number they are providing an accurate reflection of what your blood alcohol level was at the actual time of driving? Probably not. This is important to remember when dealing with DUI defense. The “facts” can be entirely speculative and in reality are not facts at all.
It only takes a casual conversation with a forensic toxicologist in regards to how alcohol absorbs into the bloodstream, and how a breathalyzer or a blood test is not an accurate reflection of what an individual's true blood alcohol level is, or for that matter their true level of impairment, that it becomes obvious that a lot of the government's case in these matters is based on flawed evidence. What the blood alcohol level was at the actual time of driving can many times be the crux of the case, and the only real fact is that there is no answer to that question, just speculative opinions. Speculation should not equate to proof beyond a reasonable doubt.
The actual driving of the vehicle is relevant for multiple reasons. First, there has to be proof there was driving in general. Second, if driver of the vehicle is stopped while driving a vehicle, what was the reason? Is the reason sufficient to detain the driver? If it is not, or it is questionable, a Motion to Suppress Evidence, pursuant to Penal Code 1538.5, is the proper course of action to challenge the bogus stop, and ultimately to suppress the evidence gathered after the stop occurred, which is generally all of the evidence in the case. In other words, the evidence gathered after the illegal stop will be thrown out of court. Third, if law enforcement did have a legal justification for detaining the vehicle, how was the driving in general? In cases where the blood alcohol level is low, one of the main pieces of evidence the prosecutor will use to show impairment is the driving, but obviously only if it was poor. Therefore, if the driving was not poor, or the driver was detained for a reason that had nothing to do with driving, like a sobriety checkpoint, expired tags, etc, this can be important evidence to show proof of actual sobriety at the time of driving. If impairment is an issue in general, and the driving is also not bad, the prosecution's case just became that much tougher.
This cursory overview is explained in much greater detail throughout the website, specifically in the DUI defense section, but for now, it is important to remember that these cases have multiple issues, and the services of an attorney that regularly practices DUI defense is highly advised. Even in the most “ordinary” case, where the client has no desire to go to trial, there are always potential plea bargain resolutions, including reducing the length of the DUI school, reducing or eliminating any potential jail or alternative sentencing, or reducing the charges in general, to a wet reckless, dry reckless, etc. depending on the circumstances of the case.
Michael Rehm provides representation on a broad range of criminal cases. In addition to DUI Defense, Domestic Violence and Drug charges, The Law Office of Michael Rehm also provides representation on the following:
■ Assault & Battery
■ White Collar Crimes
■ Theft related crimes
■ Resisting Arrest
■ Misdemeanor Level Traffic Offenses, such as Driving on a Suspended License.
■ Juvenile Criminal Matters
San Diego DMV Lawyer: Michael Rehm provides representation on all DMV license revocation/suspension matters, including:
■ Negligent Operator Hearings
■ Administrative Per Se Hearings
■ Violation of Probation Hearings: based on either negligent operator probation or zero tolerance in relation to a prior DUI.
■ Medical Revocation Hearings.
In all Criminal cases, including drunk driving matters, the founding fathers set up particular protections for the accused. The right to a public and speedy jury trial. Guilt must be shown by proof beyond a reasonable doubt, and the jury must come to a unanimous verdict. The right against unlawful search and seizure. The right against self-incrimination. The right to confront and cross-examine all witnesses against you. The right to remain silent. These rights are there for a reason. Fairness in the criminal justice system is the backbone of a free and righteous society.
The founding fathers believed it was preferable for ten guilty men to be set free, than for one innocent man to be found guilty. That principle is the underlying foundation of the rights bestowed by the Constitution and the Bill of Rights and they are your ultimate protections when faced with criminal charges. When effectively exercised, they will provide that protection. A thorough understanding of the law is necessary in criminal defense. A thorough understanding of the law and how alcohol absorbs into the bloodstream is necessary for DUI defense. But the underlying protections of the Constitution and the Bill of Rights apply to both. Contact Oakland DUI Lawyer Michael Rehm for a free consultation to find out how these protections apply to the facts of your case.
FREE CONSULTATIONS: Call (619) 787-3456
The Law Office of Michael Rehm offers free, confidential consultations. During the consultation an in-depth conversation regarding the law and ultimately, how the law could apply to the facts of your case will be discussed. This consultation is 100% free, with no obligation to become a client. San Diego DUI Lawyer Michael Rehm takes pride in assisting the general public with legal issues. Therefore, even if an individual has no desire to hire an attorney, please feel free to contact Michael Rehm, and he will do his best to provide the right course of action during this tough time. The attorney-client privilege does apply to consultations, so rest assured that the consultation is 100% confidential, even if the individual never becomes, or never had any intention of becoming, a paying client. Please have all relevant paperwork in regards to any arrest, notice to appear or temporary driver's license available.
The Law Office of Michael Rehm serves all of California, including the areas of San Diego, El Cajon, Vista, Chula Vista, La Jolla, Carlsbad, Encinitas, Oceanside, North County, Escondido and Surrounding Counties.