Drunk Driving and Drugged Driving

ALCOHOL

Operating while intoxicated (OWI), a.k.a. operating under the influence of liquor (OUIL),  is the most common charge related to drugs and alcohol. Second and third offenses involve mandatory minimum jail sentences if convicted. Depending on the facts of each case, opportunities to fight the charge include challenging (1) the lawfulness of the stop, (2) Miranda warning issues, (3) voluntariness of consent to BAC testing , (4) whether the BAC testing machines were properly calibrated, (5) whether roadside field sobriety tests were consented to and properly administered, and (6) using the expert testimony of a toxicology expert to challenge the accuracy of BAC results standing alone. 

Although we frequently get such charges dismissed on Constitutional grounds, sometimes the facts are just too damning to reach an outright dismissal. If the police followed every last rule and the charge cannot be dismissed, there are also opportunities for sentencing mitigation. Attorney Lambaria specializes in fighting these cases, and knows what forms of self-help the judges take seriously at sentencing. We help people get back on track with their health, and we know how to show that to the judge, persuasively, if we reach a sentencing hearing. 

DRUGS

Operating with the presence of a controlled substance (OWPCS) presents a unique challenge. The prosecutor does not need to prove any particular level of drugs being in one's system, just that drugs were in the bloodstream at all while driving. In addition to challenging these difficult cases on Constitutional grounds, we can also challenge them scientifically. Sometimes a person may merely have metabolites of drugs previously consumed in their system, but not the actual chemical compounds of cocaine, methamphetamine, etc. All other is

These cases present unique scientific challenges, and are significantly more complicated than many cases involving felonious assault or murder. If you have an OWI, OUIL, or other driving charge involving drugs or alcohol, you need an attorney who specializes in this field. We live and breath criminal law generally, but we uniquely specialize in cases involving drugs and alcohol. Call the firm that not only knows the Constitutional law and administrative law governing police in these cases, but the way to fight these using science as well.