Top DUI Attorney in Santa Clarita

Matt has a long track record of winning DUI cases in Santa Clarita California.  With 30 years experience, Matt has the skills and knowledge to beat your drunk driving case.  As shown in the photo above, Matt won a double acquittal (not guilty) on driving under the influence and driving above .08 BAC in Santa Clarita Court fir a client facing charges he drove with a .18 BAC on the 14 Freeway.  The client was a truck driver with a commercial license.

Is the Breath Test Accurate?  Sometimes.  There are many reasons a breath test for alcohol concentration can get it wrong.  More often than not the results can become unreliable due to human error.  Police officers are tasked with the duty of following many detailed steps in the administration of the test and as is often the case with when dealing with human beings, errors can occur.  Perhaps the most common is the failure to continuously observe the subject for a minimum of 15 minutes to rule out any belching, burping or regurgitation. Unfortunately, officers do a lousy job of detecting minor burps or belches and when this happens the results can be undermined.  Interestingly, the science and the law in California requires these safeguards and failures to follow safeguards cause the test results to be untrustworthy.  The legal remedy for an unreliable test result is exclusion of the results.

Los Angeles County uses the Datamaster DMT breath machine which is prone to major shortcomings.  For example, the machine can report a false high BAC if contaminants are present in the mouth.  The machine is supposed to abort a test if it detects contamination coming from the mouth, however it only works about 50 percent of the time.  Therefore, when mouth ethanol contamination is present half of the subjects will be falsely accused of having a BAC above the legal limit.  Matthew knows how to expose this type of faulty evidence to get cases thrown out.

Is it Worth Hiring a Lawyer for my DUI?  A drunk driving conviction can stay on your record for at least 10 years.  The DMV will keep the record for much longer.  What this means is if anyone pulls your record they will see the offense, if you are convicted.  In many cases a DUI Attorney can get the charges reduced to a non-DWI and shorten the amount of time it scars your record.  Also, nowadays the DA will add other charges, special allegations and enhancements that increase fines and the length of time you spend in classes.  These things can be eliminated or mitigated in many instances.

Another way Matthew helps his clients is by saving their driver’s license at the DMV.  When you were arrested the cop took your license and gave you a pink temporary.  Matt can get a DMV hearing and fight the suspension all together.  In one recent case Matt was able to beat a .18 DUI by showing the test results were inadmissible.  The client was in a crash in Santa Clarita and later took a breath test that showed a .18 BAC.  Matthew argued the results were inadmissible because the test was given more than 3 hours after the collision.  The DMV accepted Matthew’s legal defense and threw out the test.

Are Breath Tests Reliable? Not always, for example the State assumes a 34 degrees Celsius temperature when calibrating and adjusting the breath machines. But the average breath temperature is closer to 35 degrees Celsius .  Henry’s law says that you’ll get a 6.8% increase per ℃. But studies in humans have found that for each degree increase in ℃, you get an 8.6% increase in alcohol concentration.  So a person with a 0.08 breath test result and a breath temp of 35 ℃ is actually about 0.073 BAC, or below the legal limit in California.  What this means is that if you have a slightly elevated body temperature your reported BAC levels could be falsely higher than your actual blood alcohol concentration.

Can you fight a blood test?  Yes, there is a litany of potential defenses available to fight blood testing.  For example, many officers fail to follow the regulations when it comes to the collection of the sample.  Matthew has personally been successful in getting blood test results thrown out, even some as high as .30 % BAC.  Matthew and his team of DUI Lawyers in Santa Clarita CA are here to make sure your rights are protected, the rules are followed and the evidence is collected in accordance with statutory guidelines and scientific standards.

Another way to fight a DWI case involving blood is to challenge the blood draw itself.  In other words, what was the authority to take blood?  Usually it is based on a theory of “consent“ meaning the subject consented to the taking of his or her blood voluntarily.  However, oftentimes police officers will “coerce“ consent by incorrectly stating the person will face jail time if they do not agree to a blood draw.  This type of scenario is a violation of your fourth amendment rights and could result in the blood being suppressed (thrown out in court).

Should I take the Field Sobriety Tests if I am Stopped and Believed to be Intoxicated?  The short answer is no.  These “tests” are not reliable and are often subjectively administered.  The officer will usually only see the negative aspects of the tests and will almost invariably conclude you are impaired by alcohol even if there are other innocent reasons for not performing them perfectly such as medical issues or improper test conditions like slanted sidewalks, flashing lights and fast cars whizzing by.  The best response to a request to perform FST exercises is to politely decline, ask for a lawyer and request to be allowed to proceed on your way.