MARIN COUNTY DUI LAWYER

San Rafael DUI Attorney

Most arrested for a DUI will face two charges:

(1) Vehicle Code 23152(a): It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

This code section makes it illegal to drive under the influence of alcohol and/or drugs. Notice there is no blood alcohol level requirement. That is intentional. This charge is brought when an individual has either less than a 0.08% or more than a 0.08%. Therefore, even if the blood alcohol level is 0.06% or a 0.07%, the District Attorney can still pursue a DUI charge based on this code section. In order to do this, they would have to show evidence that the individual was under the influence of alcohol, and if the blood alcohol level is below the legal limit, it obviously becomes a much tougher case. In these situations, the prosecutor will look to additional evidence for help with their case. Such evidence consists of how the defendant was driving: if it was poor driving, that can be used as evidence of impairment. The results of the field sobriety tests come into play: how did the defendant perform on the walk and turn, etc. Did the arresting officer observe bloodshot eyes, slurred speech, or an odor of alcohol on the defendant? In essence, this code section allows the District Attorney to bring a DUI charge, based on evidence independent of the blood alcohol result, when the additional evidence is relatively strong in regards to being under the influence. Marin County DUI Lawyer Michael Rehm knows how to combat this additional evidence and show how it is based on other factors independent of the individual being under the influence of alcohol.

(2) Vehicle Code 23152(b): It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

This is the charge the general public is familiar with. There are multiple issues with this charge. First, one has to remember that all of the elements of the offense have to be concurrent. In other words, it is not enough to show that the individual was a .08% or more at the time the breathalyzer was given, the prosecutor has to be able to show that the blood alcohol level was 0.08% or more at the actual time of driving. Second, the breathalyzer or the blood test has to jump through certain hurdles in order to be admitted into evidence. It is a much easier argument when the District Attorney has no chemical tests, whether it be breath or blood, as opposed to arguing that there is an error in the breath or blood tests, although that can be effective as well. Both of these charges require an attorney who understands the science of alcohol absorption into the body, the prerequisites of admitting chemical tests into evidence, the relationship that the DMV has with the Criminal Case in Court, and overall DUI defense.

Services Provided:

Release from Custody: The Law Office of Michael Rehm assists in securing release from custody at the Marin County Jail. Generally, individuals arrested on A DUI will be released on their “own recognize” without having to post bail. For the list of individuals currently in custody, click here.

Representation at the DMV Hearing: Marin County DUI Lawyer Michael Rehm includes representation at the DMV hearing in his flat fee. There are certain strategies that apply at the DMV hearings that are separate from the Court case.  The DMV hearings are coordinated by calling the DMV Driver Safety Office, specifically the one in San Francisco at (415) 557-1170.

Legal Second Opinions: Obtaining a second opinion in a medical matter is commonplace. For some reason, in a legal matter, it is not quite as common, but it definitely should be. Obviously, nothing is as important as your health, but your liberty is a close second. San Rafael DUI Defense Attorney is available for legal second opinions, whether you currently have an attorney, or are representing yourself. Any credible attorney will not take offense to such an action by their client; it is not a reflection upon the current attorney, simply an opportunity to get a fresh point of view, which can be invaluable.
Free Consultations: The Law Office of Michael Rehm is available for free consultations. These consultations are protected by the attorney-client privilege, therefore everything discussed is 100% confidential, even if the individual never comes becomes a retained client of Marin County DUI Lawyer Michael Rehm. The consultation is also 100% free of charge.

Why Choose Marin DUI Attorney Michael Rehm?

Familiarity with Marin County Court: Michael Rehm has significant experience in the Marin County Criminal Court System. Knowledge of the policies of the District Attorney’s office and individual Courts’ preferences can be extremely beneficial for the defense in deciding the type of strategy to undertake on a case.

Direct Contact with Your Attorney: Upon becoming a paying client, Mr. Rehm provides his personal cell phone number for ease of access anytime there is a concern, comment or question.

An Aggressive, No-Nonsense Approach: Most importantly, Marin County DUI Lawyer Attorney Michael Rehm takes an aggressive approach to all driving under the influence cases he handles. This is especially necessary when the District Attorney is refusing to budge on a fair resolution. At this point, you need an attorney who will “throw everything but the kitchen sink” at them. Many times, especially in the misdemeanor context, when a defendant attempts different angles of fighting the case and loses, the penalty is no greater than it would be if they had not fought at all. Of course, this is not always the case, and the San Rafael DUI Lawyer should be able to properly determine which type of situation it is. But as stated before, many times the client has nothing to lose (other than time spent fighting the case), by fighting the case. In my experience, when the defense starts fighting things, and making it difficult on the prosecutor, good things happen.
A no-nonsense approach is also taken by Michael Rehm. If you have low odds of success, you will be told just that. There is too much on the line in the context of DUI Defense to not have an attorney that can “give it to you straight.” Before making any decision, San Rafael DUI Defense Attorney Michael Rehm will make sure that you completely understand the consequences of your actions, what other options are available, and what the consequences of those other options are.

Thorough Investigation: Only a thorough investigation reveals the reality of the type of DUI case the defense is really dealing with. Much of the investigation can come through the discovery process that occurs in Criminal Court. Examples of evidence obtained in discovery are the police report, any audio or video evidence in the possession of law enforcement or any other governmental agency of the detention, the arrest, the blood draw, the field sobriety tests, or any other point in time in the case in general.
Other discovery is not always available through the normal Criminal Court discovery processes. Examples include audio or video evidence in possession of private parties, such as a parking lot surveillance camera on private property. In these circumstances the evidence can be obtained by way of subpoena. Private surveillance poses an interesting issue for the defense, in that often the video is destroyed after a certain period of time, usually before the case is ever heard in court. In these circumstances, in order to get to the evidence before it is destroyed, a subpoena can be issued, but not through the court as is the usual process. The subpoena can be through the California DMV, assuming a DMV hearing was set within the 10 days from the arrest and there is current hearing scheduled. It is just one more example of why it is crucial to set a hearing with the DMV.
The DMV hearing also provides evidence at the actual hearing that would otherwise be impossible to obtain. This includes witnesses or the arresting officer’s testimony, outside of the presence of the District Attorney and the Criminal Court. This concept is crucial. The defense has the ability to subpoena law enforcement, the technician who drew blood, or any witness in general to the DMV hearing. This allows the defense an opportunity to ask questions of the witness, who under oath, outside of the presence of the prosecutor or the Judge. You can learn a great deal about how the witness’s or law enforcement will testify in court from how they testify at the DMV hearing. If the testimony in court differs from the testimony at the DMV hearing, it is just a matter of bringing in a copy of the DMV hearing transcript to impeach any witness and seriously damage their credibility in court. The best lawyers are usually the most prepared and a thorough investigation is necessary to being fully prepared.

MARIN COUNTY DUI DEFENSE LAWYER

Being arrested for a DUI, or any crime, is one of the more embarrassing and traumatic experiences an individual can go through. In the context of the DUI arrest, it is especially humiliating as law enforcement has you audition for your freedom on the side of road by performing “tests” that are entirely subjective and really have little scientific merit. After this humiliation, the individual is then arrested and taken to jail, a place most DUI offenders have never been. After your stay in jail, you are then released and told court is in a month, and there is some issue with the DMV that needs to be handled within 10 days. So it is a scary time, and Marin County DUI Lawyer Michael Rehm recognizes this fact. All possible effort that can be taken to explain properly what exactly is going on, will be spent to explain just that. These cases come with certain potential consequences, including incarceration, alternative sentencing, fines, DUI classes, immigration consequences, and driver’s license suspensions, to name several. A good attorney has several important functions, one of which is to relieve as much anxiety as possible in regards to the current legal predicament the client has gotten themselves in. A good attorney also clarifies any misunderstanding or areas of confusion a client may have. The Law Office of Michael Rehm takes these responsibilities extremely seriously. Marin County DUI Lawyer Michael Rehm commits himself to zealous representation and open, no-nonsense, and most importantly, non-judgmental communication with his clients.
LOCATIONS SERVED:

The Law Office of Michael Rehm provides DUI and Criminal Defense representation throughout Marin County, including the areas of San Rafael, Corte Madera, Kentfield, Mill Valley, Novato, San Anselmo, Sausalito, Tiburon and Woodacre. Michael Rehm also provides representation on personal injury matters throughout California, see his San Jose Wrongful Death Attorney page for more information.

Contact San Rafael DUI Lawyer Michael Rehm for a free, confidential consultation at (415) 251-1680 to determine how the best outcome can be obtained in your case.

The Law Office of Michael Rehm
333 University Avenue Suite 200
Sacramento, CA 95825
(415) 251-1680