Kern County DUI Lawyer
Being arrested for DUI in Kern County does not have to result in a conviction or
loss of your driver's license. For nearly 20 years Bruce Blythe has been fighting
and winning drunk driving cases on legal grounds such as illegal arrests due to
lack of probable cause, violations of fourth amendment due to unlawful stops
and detentions by law enforcement, and breath and blood tests that do not pass
muster under California law.
Call Top DUI Lawyer Bruce Blythe at 661-327-7833
What are the top 3 defenses used by attorneys in a Kern County DUI
Prosecution? On the top of the list is the defense of "rising blood alcohol". This
theory involves the scientific certainty that all people take tie to reach a maximum
blood alcohol level and their BAC will change over time, therefore the true
ethanol concentration in their blood at the time of driving may in fact be lower
than the reading on a breath or blood test later after they are arrested and tested
at the station.
The second most utilized defense is that the accused was not driving the car
while impaired. This defense involves a situation where the police arrive on
scene and they observe the suspect behind the wheel but the vehicle is not
moving. The law requires there be movement of the car to constitute "driving"
under VC23152, therefore there may be a defense that this crucial element
cannot be established through credible evidence. If the District Attorney cannot
prove the "D"(Driving) in DUI then the case falls apart.
Lastly, involves the issue of the lawfulness of the stop. If the officer pulls
someone over and there is insufficient probable cause then the law requires all
evidence that is collected after the stop be suppressed. Common illegal stops
include weaving within the lane, tinted windows, not using a turn signal, among
What is the penalty for a first time offender? Kern County Judges consider the
fact that most people who commit the crime of DUI will not have a lengthy
criminal record so jail is usually not handed out. However, there are mandatory
programs, probation, fines, classes such as MADD, and possible community
service. Recently California laws were amended to allow second and third time
offenders to obtain an early restriction of their driver's license following a
conviction. Attorney Bruce Blythe knows the ins and outs of helping clients get
reinstated after a drunk driving incident, he knows the fine points of the criminal
statutes and the DMV regulations and how to use them to help his clients avoid
jail, avoid a lifetime mark on their record and how to navigate through the Court
system with a great outcome.
Kern County is one of the largest counties in California. The most prevalent
criminal charge within the county is for DUI. Our Law Firm has the highest
success rate fighting drunk driving charges. This is because we have the most
experience fight DWI and driving under the influence cases. Hiring a lawyer
early can mean the difference between saving your license and being suspended
and early steps taken to defend the charges can often mean the difference
between a conviction for drunk driving and a dismissed or reduced charge and
you being spared of being haunted by a record which can remain for ten years
with legislation in the works to extend that to a lifetime.
Call he DUI Lawyer Across the street from the Kern County Courthouse, not
someone who has to drive in from L.A.
The biggest problem associated with an arrest for driving under the influence is
the misinformation that comes from friends, lay-person Internet posts and other
"know-it-alls" about what to do and how to handle the matter. It must be
understood that a DUI is a serious criminal charge that can have long-lasting
consequences. Do not take the advice of lay persons, consult a Bakersfield DUI
Lawyer who can take the time to understand your particular case and draw up a
plan to minimize the ramifications and potential sentence.
Questions abound for the average person. To begin with what needs to be done
about my license? First, a DMV hearing must be requested no more than 10
calendar days after the arrest. The best way to approach this aspect of the case
is to let a DUI Attorney make the formal demand, for two reasons. One, the
lawyer can request all associated documents and reports (called discovery).
Second, the attorney knows which hearing officers are biased and unfair. The
lawyer can take appropriate steps to ensure the rights of the accused are
protected. This is crucial in order to get a fair hearing and just outcome.
The DMV will do everything they can to talk you out of a hearing and
challenging the presumed suspension. If you experienced an arrest for a drunk
driving in Kern County, the officials will file paperwork to the agency that will
make it seem as though you are guilty, many times the reports will contain
inaccuracies that shade the facts in favor of the prosecution. The Department's
employees are trained to dissuade the person that calls from demanding a DMV
hearing to cut down on the expense of conducting a full fledged tribunal to
determine if the accused was lawfully arrested and actually driving with a .08 or
more at the time of driving.
What many people do not know is that an employer can access your motor
vehicle record if you operate a vehicle as part of your job. Indeed, most large
corporations in Kern County do constantly monitor the DMV record of all of its
workers and prospective applicants looking for a job. The process by which the
company does this is called the :employer pull program" that is set up and
maintained in California. The law sets forth the procedures as follows: "The
employer of a driver who drives a vehicle specified in the CA Vehicle Code shall
participate in a pull-notice system, which is a process for the purpose of
providing the employer with a report showing the driver’s current public record
as recorded by the department, and any subsequent convictions, failures to
appear, accidents, driver’s license suspensions, driver’s license revocations, or
any other actions taken against the driving privilege or certificate, added to the
driver’s record while the employer’s notification request remains valid and
uncanceled. As used in this section, participation in the pull-notice system means
obtaining a requester code and enrolling all employed drivers who drive any type
of vehicle specified in the law under that requester code." It is prudent to contact
a Kern County DUI Attorney if you are facing a potential suspension and have
the requirement of driving as part of your job.
Contact Mr. Blythe for a free consultation 661-327-7833
Attorney Blythe has the necessary experience to fight the charges and obtain a
win at the license suspension proceedings. He has extensive experience fighting
DUI allegations in Kern County for people from all walks of life including nurses,
engineers, oilfield workers, correctional officers, students, people with security
clearances, defense industry employees, and countless other good folks who
have been wrongfully accused of driving under the influence and DWI. Bruce
covers all Courts in the region, including Lamont, Shafter, Mojave, Delano and
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