“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
California Drunk Driving Law 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.
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.
REVISION 12 HIGHLIGHTS
This 2016 update of California Drunk Driving Law updates and expands the book many DUI defenders consider the best available.
Substantial additions were made to the following sections:
Chapter 1 Drunk Driving Offenses
- 1:12.1 Impairment to an Appreciable Degree
- 1:16 Under 21; Juveniles
- 1:16.4.1 Deferred Entry of Judgment on Juvenile Felony DUI
- 1:20 DUI Causing Injury
Chapter 3 Arraignment and Pretrial Matters
- 3:29.1 Finding of Factual Innocence
- 3:55 Diversion or Suspension of Proceedings
- 3:55.1 Military Misdemeanor Diversion
- 3:55.3 DEJ for Juveniles
- 3:62 Enforcing Plea Bargain Agreement
- 3:81 Requirements for Entry of Guilty, Nolo Plea, or Admission of Prior
Chapter 6 Other Pretrial Motions
- 6:32.10 Invocation of Right to Counsel Must Be Unambiguous
- 6:32.11 Hospital Confessions
Chapter 7 Search and Seizure
- 7:11.4.1 Obtaining Identification May Transform a Consensual Encounter into a Detention
- 7:20.34 Belief That Driver Has Suspended License
- 7:73.4 Lawful Consent as Exception to Warrant Requirement
- 7:74 Place and Manner of Drawing Blood Must Be Medically Reasonable
- 7:76 If Warrant Obtained It Need Not Be Produced
- 7:83.2 Inevitable Discovery / Independent Source
Chapter 9 Trial Defense of DUI in California
- 9:61.3 Opinion May Not Based on Assumptions Lacking Evidentiary Support
- 9:103.5.1 Right to Same Jury
Chapter 10 Punishment
- 10:26.2 First Offender and Multiple Offender DUI Programs
- 10:26.6.1 Peaceful Refusal Not Grounds For P.C. §148(a)(1) Conviction
- 10:26.19 Habitual Traffic Offender Designation
- 10:31.14 Proposition 47 and Reduction of Felonies to Misdemeanors
- 10:53.4 Reckless Driving Convictions
- 10:101.5 Juvenile Probation Conditions Relating to Cell Phones
- 10:114 Global Entry Program and TSA Pre-Check
Chapter 11 DMV Proceedings
- 11:122.3.8 Burden Shifting with Testing Procedure Flaws
- 11:167 APS Suspension and Revocation Orders Run Concurrently With Conviction-Triggering Suspensions
- 11:167.1 Meaning of Concurrently and Limitation on Credit Time in Refusal Cases
Chapter 13 Interstate Implications of Drunk Driving Convictions
- 13:18.2(a) Limitations on Non-Resident Relief
- 13:18.5 When Non-Resident Ordered to Complete California Licensed Program
Chapter 14 Restitution
- 14:30 Contesting Restitution
- 14:40 Restitution Assistance for Victims
- 14:49.7 Civil Judgment Survives Term of Probation Under P.C. 1214(b)
- 14:49.8 Juvenile Restitution Becomes a Money Judgment After Wardship W&I 730.6
– Revision 12
– Over 120 custom-drafted forms
– 2 volumes
– Access to digital forms via an emailed zip file
– ISBN: 978-0-938065-98-2
Abbreviated Table of Contents
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: Trial Defense of DUI in 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
About the Authors
Paul Burglin (www.burglin.com) practices DUI defense in Marin, Napa, Sonoma, Lake Tahoe, and the San Francisco Bay Area. He serves as a Regent with the National College of DUI Defense (NCDD), and is Board Certified by NCDD (as recognized by the American Bar Association). Known and respected by prosecutors and judges alike, he has over 30 years of trial experience and holds an A-V rating with Martindale-Hubbell. He has multiple appellate published cases, is the Editor-in-Chief of the NCDD Journal and a graduate of U.C. Berkeley and Gonzaga University School of 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.