– Revision 10
– Over 120 custom-drafted forms
– 2 volumes
– Access to digital forms on Jamesforms.com
– ISBN: 0-9703501-3-9
California Drunk Driving Law
Hundreds of creative decision-based defenses, dozens of artfully drafted and heavily supported motions, answers to 95% of the questions arising in day-to-day DUI practice, and authoritative interpretation of 1,700 cases.
by Paul Burglin, Barry Simons, and Ed Kuwatch
– Revision 10
California Drunk Driving Defense has long been referred to as “the bible of DUI defense,” and for good reason. This two-volume treatise remains indispensable for both newer attorneys seeking fundamental information about such things as charges, sentencing, and license suspension actions, and veteran attorneys looking for more detailed analysis on scientific issues, trial tips, and writs and appeals.
Most attorneys do not realize how many solid DUI defenses exist, and so plead instead of fight their cases. The enormous complexity of California DUI law has created painful traps for the unwary, so wise guidance is essential.
California Drunk Driving Law is the number one book in its field. From arrest to punishment, and additional charges to DMV hearings, this practical work overflows with cutting-edge tactics, analysis, and tools for mounting a successful defense. The best source of DUI wisdom has been written by Paul Burglin, Barry Simons, and Ed Kuwatch. The book is chock-full of:
- Creative defenses. Hundreds of decision-based arguments, generated by the authors 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. The book has over 120 forms that can be accessed digitally and modified to your case.
- Answers and solutions. 95% of the questions that arise in day-to-day DUI practice are addressed. References to other sources are provided for the other 5%.
- Authoritative interpretation of the law. Over 1,700 cases and every relevant statute and regulation are analyzed and cited.
For answers to all your client’s questions (and yours), turn to California Drunk Driving Law. This invaluable book provides the most complete coverage of state DUI practice available.
This big book is filled with solutions to the challenges facing DUI practitioners. From arrest to punishment, and additional charges to DMV hearings, the practical work overflows with cutting-edge tactics, analysis, and tools for mounting a successful defense. The number one book in its field.
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.
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.
- How to deal with threats to punish the defendant for insisting on a trial.
- How to remind the prosecution of the police’s potential civil liability for failure to turn over material evidence.
- 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.
- How to avoid half-day trials.
- How to counter a discovery denial based on copyright infringement.
- How to overcome Lively’s “could have been arrested for public intoxication” theory when the arrest is for attempted drunk driving.
- How to persuade a hospital not to disclose blood test results obtained during treatment, with model letter.
- Four techniques for defending against the breath-based per se charge.
- Suppressing Preliminary Alcohol Screening (P.A.S.) test results at trial.
- Impeaching a cop’s expert opinion on impairment by showing that the Federal NHTSA-recommended methods were not used.
- Proving a cop’s method of administering the Horizontal Gaze Nystagmus test is not generally accepted.
- 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.
- When to admit a prior conviction sentence enhancement allegation.
- How to circumvent the court’s lack of authority to grant a second offender work/DUI Program restricted license.
- Obtaining an ignition interlock restricted license prior to the end of the full suspension or revocation period.
- How to convince collection agencies to drop claims for emergency response costs.
- 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.
Radar and Speed Defenses
- How and when to assert jurisdictional speed trap defects.
- What to discover when airplanes or helicopters are used for speed enforcement.
- How to challenge radar-based speed trap violations of prima facie speed limits.
- How to block DMV hearing continuances without good cause, with 8-page motion.
- What to do when the DMV takes additional evidence in violation of Vehicle Code provisions.
- Why you should always discover form DS 393, and how to use it to block admission of police-drafted documents, with pattern discovery request.
For answers to all your client’s and your questions, turn to California Drunk Driving Law. This two-volume book provides the most complete coverage of state DUI practice available.
Chapter 1: Drunk Driving Offenses
Chapter 2: Additional Charges
Chapter 3: Arraignment and Pretrial Matters
Chapter 4: Prior Convictions of Separate Offenses
Chapter 5: Discovery
Chapter 6: Other Pretrial Motions
Chapter 7: Search and Seizure
Chapter 8: [Reserved]
Chapter 9: California
Chapter 10: Punishment
Chapter 11: DMV Proceedings
Chapter 12: Criminal Appeals and Civil Writs
Chapter 13: Interstate Implications of Drunk Driving Convictions
Chapter 14: Restitution
Appendix A: Telephone Directory
Appendix B: DMV Forms and Codes
Appendix C: Title 17 Update
Appendix D: State and Federal Statutes, Regulations, and Codes
Appendix E: California Drunk Driving Law’s Unpublished Case Digest
Table of Cases
Table of Statutes
Paul Burglin (www.burglin.com) practices DUI defense in Marin, Napa, Sonoma, Tahoe, and the San Francisco Bay Area. He serves as a Regent with the National College of DUI Defense (NCDD), is Board Certified by NCDD (as recognized by the American Bar Association), and is a former Director of California DUI Lawyers Association where he continues to hold a Specialist Member status. Known and respected by prosecutors and judges alike, he has 25 years of trial experience and holds an A-V rating with Martindale-Hubbell. A former journalist and graduate of U.C. Berkeley and Gonzaga University School of Law, Mr. Burglin brings his extensive research and writing skills to California Drunk Driving Law.
Barry Simons (www.duilawyerorangecounty.com) is a nationally known expert in DUI defense. He has specialized in DUI defense in Orange County for over 30 years. Mr. Simons is one of the founding members of the National College of DUI Defense and is a former Dean of its Board of Regents. He is Board Certified in DUI defense, and has served as Vice-Chair of the DUI Advocacy Committee of the National Association of Criminal Defense Attorneys. He serves on the Board of Directors of the California DUI Lawyers Association (with Specialist Member status) and has been selected to Who’s Who In American Law. Mr. Simons has multiple appellate victories, including the Ninth Circuit’s Nelson v. Irvine, and he is a frequent lecturer at DUI seminars throughout the country.
Randy Moore has more than 20 years of trial experience. He is a past President of California DUI Lawyers Association (with Specialist Member status), and a member of the National College for DUI Defense. He is a popular lecturer and certified breath test operator, and authored an insightful 1995 manual on APS Law and Procedure.
Donald Bartell is a partner in the law firm of Bartell & Hensel with offices in Riverside and San Diego, California. In his twenty-plus years of private practice, he has tried virtually every type of drunk driving case from blood, breath, urine and drug DUI cases, to refusals and DUI murder. Mr. Bartell is a graduate of the University of California, Berkeley and the University of Notre Dame School of Law.
Richard Hutton and Robert Wilson are both State Bar Certified Criminal Law Specialists, Board members of California DUI Lawyers Association (with Specialist Member status), and members of the National College of DUI Defense (NCDD). Mr. Hutton is past-President of CDLA, a founding member of NCDD, Vice-President of California Attorneys For Criminal Justice, and he has tried over 500 jury trials (including several vehicular manslaughter cases). Mr. Wilson has represented over 1000 people accused of drunk driving. Both are frequent lecturers on DUI defense.
Jon Bryant Artz has been in private practice for 33 years, and he specializes in drunk driving defense. He holds a B.S. degree in Economics from UCLA (1967) and a J.D. from the UCLA School of Law (1971). Mr. Artz has lectured on DUI topics over the last 20 years for CDLA, CPDA, CACJ, and various other groups. He has served as an Adjunct Professor at Pepperdine University School of Law. In 1972, he secured a 7-0 reversal in People v. Johnson (1974) 10 Cal. 3d 868, the first interpretation of Penal Code §1192.5. Mr. Artz brings to CDDL his creative motions for successful DUI defense.
Prior editions of the book were written by Ed “Fast Eddie” Kuwatch, at one time the best-known commentator on drunk driving law in California.
Ed was always a maverick, constantly keeping governmental agencies and judges in check. From his mother Rosalie (Quint) Kuwatch (1912-1997), who was raised in a brewpub speakeasy near the Hamilton County Courthouse in Cincinnati, Ohio, Ed developed a healthy cynicism toward law enforcement, judges, the news media, and politicians. From his father, Edward A. Kuwatch (1909-1978), a relentless questioner of authority and a jack-of-all-trades (logging truck driver, pool hustler, real estate broker, independent insurance agent, film and still photographer, machine shop teacher, mechanical engineer, electronics shop owner, and corn farmer), he learned early on that nothing was impossible and that all authority should be questioned.
Ed was put to rest on March 5, 2005 in his beloved hilltop overlooking Willits, California — “The Gateway to the Redwoods.” He spent the previous twenty years educating, insiring and organizing California criminal defense attorneys who handled DUI cases. Ed was a pioneer; a fighter; a thinker, and a friend — he will be missed.
Costa Mesa, CA 92626
Fax: (714) 556-4133