California Drunk Driving Law

by Paul Burglin, Barry Simons, and Ed Kuwatch

DUI Answers, Arguments, and Tips

The enormous complexity of California drunk driving law has created meaningful opportunities for the educated and painful traps for the unwary.  Wise guidance is essential.

The best source of DUI wisdom has been written by Paul Burglin, Barry Simons, and Ed Kuwatch. Their 1,148-page California Drunk Driving Law is chock-full of:

• Creative defenses.  Hundreds of decision-based arguments, generated by Mr. Burglin, Mr. Simons, and Mr. Kuwatch in their decades of creative DUI practice and collected from successful DUI practitioners statewide, bring real leverage to your plea bargaining, trials, and DMV proceedings.

• Heavily supported motions.  Crafted, tested, and polished by top DUI lawyers, these practice-proven documents will materially raise the level of your advocacy.  All of the book’s 63 forms are provided both in print and on the free full-text CD, and are easily accessed and modified with either Word or WordPerfect.

• Answers and solutions.  95% of the questions that arise in day-to-day DUI practice are addressed in California Drunk Driving Law.  References to other sources are provided for the other 5%.

• Authoritative interpretation of the law.  1,700 cases and every relevant statute and regulation are analyzed and cited.

Learn what to say to your client when:

• He asks, “What is the punishment for drunk driving?”

• Your client calls because his driver’s license was taken at the time of arrest.

• The client refused a chemical test.

• The city or county sent your client a bill for “arrest services.”

• Your client is worried about losing his job.

• The conviction occurred long ago, but now the DMV won’t issue a driver’s license.

• The car was impounded.

• Your client is worried about the future cost of insurance if he is convicted.

• You want to assure your client of your knowledge and expertise.

Valuable Tips

Pretrial

• How to deal with threats to punish the defendant for insisting on a trial. §356.4

• How to remind the prosecution of the police’s potential civil liability for failure to turn over material evidence. §552.2

• Why you may not want to enter a general time waiver when setting trial for a defendant not in custody, but merely consent to a date certain. §311.2

• How to avoid half-day trials. §311.8

• How to counter a discovery denial based on copyright infringement. §5:72

• How to overcome Lively’s “could have been arrested for public intoxication” theory when the arrest is for attempted drunk driving. §7:17

• How to persuade a hospital not to disclose blood test results obtained during treatment, with model letter. §9:25

Trial 

• Four techniques for defending against the breath-based per se charge. §9:47.5

• Suppressing Preliminary Alcohol Screening (P.A.S.) test results at trial. §9:48.3

• Impeaching a cop’s expert opinion on impairment by showing that the Federal NHTSA-recommended methods were not used. §9:50.4

• Proving a cop’s method of administering the Horizontal Gaze Nystagmus test is not generally accepted. §9:50.5

• How to block prosecution experts from testifying in low BAC cases that the defendant was mentally impaired even though he or she showed no signs of physical impairment. §1:11.10

• When to admit a prior conviction sentence enhancement allegation. §9:72.3

Punishment

• How to circumvent the court’s lack of authority to grant a second offender work/DUI Program restricted license. §10:25.3

• Obtaining an ignition interlock restricted license prior to the end of the full suspension or revocation period. §10:54.9

• How to convince collection agencies to drop claims for emergency response costs. §10:121

• Many attorneys mistakenly think the DMV is requiring completion of a DUI Program prior to reinstatement of full driving privileges after a wet reckless conviction. §3:59.1

Radar and Speed Defenses

• How and when to assert jurisdictional speed trap defects. §2:13.1

• What to discover when airplanes or helicopters are used for speed enforcement. §2:14

• How to challenge radar-based speed trap violations of prima facie speed limits. §2:15.4

DMV Proceedings 

• How to block DMV hearing continuances without good cause, with 8-page motion. §11:39.3

• What to do when the DMV takes additional evidence in violation of Vehicle Code provisions. §11:49.1

• Why you should always discover form DS 393, and how to use it to block admission of police-drafted documents, with pattern discovery request. §11:63.4

For answers to all your client’s and your questions, turn to California Drunk Driving Law. This two-volume book and CD provide the most complete coverage of state DUI practice available.

Updated twice-annually.  ISBN 0-9703501-3-9  Book price: $129.00

Reader Comments

"I have used California Drunk Driving Law not only for DUI cases but in homicide cases, search and seizure cases, and non-alcohol related traffic offenses. CDDL is a necessary book to anyone practicing criminal law – even if you don’t get a lot of criminal cases."
     William M. Thornbury
     Office of the Public Defender
     Los Angeles

“In more than 30 years of DUI practice, I have found no more comprehensive, current or entertaining book on California DUI law.  Simply the most comprehensive, up to date treatment of California DUI law ever written.”
     J. Thomas Sherrod
     Fremont

“Absolutely the best drunk driving book in the state.  With California Drunk Driving Law and nothing else, you’ll look like an old hand even in your first case.  And you’ll still be using it in your one hundredth case.”
     Grace L. Suarez
     Assistant Public Defender
     San Francisco

View and Print the Brochure

Related Titles:

Attacking and Defending Drunk Driving Tests

Innovative DUI Trial Tools

FORECITE California

Defending Drinking Drivers 

Federal Sentencing Guide

Ninth Circuit Criminal Law Reporter 

Other California Publications