Top Criminal Defense Lawyer For A DUI In Vista

David Pflaum is a premier criminal defense lawyer for a DUI in Vista with 30 years of expertise.

Just because a person was arrested for driving under the influence does not mean that the person is guilty. The person has many constitutional rights and remedies. Lawyer Pflaum aggressively defends his client to get the best possible results.

All people arrested for a first time allegation of driving under the influence in violation of Vehicle Code sections 23152(a) and 23152(b) are put in jail. Bail is set at $2500 or they are released on their own recognizance.

The professional defense begins with the initial consultation to learn the details of the detention and arrest. Attorney then analyzes the prosecution file including the police investigation and reports, witness statements, video recordings from police body cameras and patrol units, and blood or breath test results.

These are the strategic defenses for an accusation of driving under the influence of alcohol and/or drugs.

No proof the client was driving
No mental or physical impairment
Rising blood alcohol
No warrant for a blood test
Faulty chemical testing
Violation of the right to remain silent
Incomplete police investigation
Bias of expert testimony

An important way to defend a DUI is to determine whether the police had a valid reason to detain you or pull you over.

If the California Highway Patrol is involved, there should be a mobile video audio recording system (MVARS) of the driver operating his or her vehicle before he or she was pulled over.

The vehicle and body camera video recordings can be very helpful to challenge the reason why the police stopped your car or prolonged the detention of you longer than was necessary.

If a judge agrees that the police had no valid reason to stop your car, or that you performed well on the field sobriety tests, the case may be dismissed.

Field Sobriety Tests. Most experts agree that field sobriety tests are coordination tests that do not significantly evaluate a person for sobriety.

Alcohol Tests. There are three separate tests available to law enforcement: 1) a preliminary alcohol screening (PAS) device; 2) a intoxilizer; 3) a blood test.

The PAS test requires consent, and that the PAS operator have training and calibration logs for the device.

The intoxilizer machine is located at the jail and requires certifications and that the officer observed the client continuously for 15 minutes prior to giving a breath sample and that the machine was tested prior to and after the person gave a breath sample.

A blood test requires the consent of the person who was arrested or a warrant. The results of the sample are not available for 2-3 weeks, and may be retested by an independent forensic toxicologist.

Driving Pattern. The manner in which a person was driving is an important factor. If a person was pulled over for a minor equipment violation, or some other minor infraction, there are jury instructions that will help you possibly win your case.

The question of how and when to best resolve the DUI case depends on what is in the best interest of the client.

A plea bargain is a pretrial agreement between the defense lawyer, client, judge and prosecutor that may eliminate or reduce the original criminal charges, avoid or minimize the amount of time in jail, and reduce the fines. Good plea bargains come about because attorney Pflaum presents favorable information about the client to the judge and prosecutor and exposes weakness in the police case.