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DUI

DUI M.C. Bruce has handled thousands of DUI cases, including successful trials. He understands the sometimes complex issues of blood alcohol levels, breath test problems, and how Field Sobriety Tests (F.S.T.) can give a false impression of the level of intoxication.

M.C. Bruce’s Notable Cases:

In one jury trial in Humboldt County, the prosecutor charged his client with two DUIs that were tried in the same trial, over defense objection. Despite this prejudicial context, M.C. Bruce was able to get one of the DUIs dismissed after the jury hung on that charge.

In another case in Orange County, M.C. Bruce’s client had been offered jail time for a first time DUI due to the level of intoxication. After M.C. Bruce’s incisive questioning of the arresting officer at trial, the judge gave the client straight probation and not jail time after trial.

In another DUI case, M.C. Bruce was able to show the prosecutor that the Breathalyzer machine used by the police had not been property calibrated. That case resulted in a reduction from a DUI with high blood alcohol, which would mean mandatory jail time and automatic license suspension, to a “wet reckless” which meant a fine and no license suspension.

If you are Arrested on a DUI:

  1. California Law requires you to take a blood, breath, or urine test. Of these, urine is the least reliable and is rarely given anymore.
  2. A breath test taken at the scene on a Preliminary Alcohol Screener (PAS) is not necessarily admissible in court. You can insist on waiting until you get to the station to take a Breathalyzer.
  3. If you are given Field Sobriety Tests, observe the terrain where you are being tested. Is it flat? Dry? Well lit?
  4. YOU DO NOT HAVE TO ANSWER QUESTIONS REGARDING YOUR DRINKING. All you are obligated to tell the police is your name and identifying information. ALL QUESTIONS THE POLICE ASK YOU WILL BE PUT ON A POLICE REPORT AND USED AGAINST YOU, NO MATTER WHAT YOU SAY!
  5. After you get out of jail, you must contact DMV IMMEDIATELY to ask for a hearing on whether your license should be suspended.
  6. After you get out of jail, you should talk to a lawyer IMMEDIATELY. Don’t wait for the District Attorney to charge you with the DUI—many of your rights may be waived by the time the DA gets around to charging you. They have up to a year to file against you.