DUI News & Articles

DUI News & Articles

DUI Dismissed in Palm Springs – Indio Court

Law Offices of Manuel J. Barba represented a female client who was arrested for a DUI in Palm Springs and was charged with VC23125 (a) (b) -DUI and Driving with a blood alcohol concentration of .08% or more in Indio Court. Client’s blood test showed drugs and .07% alcohol concetration. Disposition: The DUI charges were dismissed (VC23125 (a) (b)); case was resolved for plea to reckless driving. Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a prospective client will have the same outcome in their case.

The Anatomy of a DUI – Absorption of Alcohol

In my last article I provided a brief overview of alcohol, mainly ethanol, which is the type of alcohol consumed by humans in alcoholic beverages.  Ethanol is produced through the process of fermentation (up to 15%) and by distillation for beverages with higher alcohol concentrations such as rum, vodka, whiskey, etc.  In this article I will discuss how alcohol is absorbed into the body. Alcohol is a Central Nervous System Depressant. It doesn't affect a person until it gets into their central nervous system, i.e., the brain, brain stem and spinal cord. Alcohol gets to the brain by getting into the blood. In order to get into the blood, it has to get into the body.  There are actually a number of different ways in which ethanol can get into the body (think creatively), but the most common method is by drinking alcohol beverages. Absorption Once the ethanol gets into the stomach, it has to move into the blood. The process by which this happens is known as absorption. One very important fact is that alcohol doesn't have to be digested in order to move from the stomach [...]

The Anatomy of a DUI – An Overview of Alcohol

Over the past few months I have been asked by many individuals various questions relating to DUI.  I believe that knowledge is power, and when you have the knowledge you are in a better position to protect yourself.  Therefore, I decided to write this column to provide information relating to DUI so to educate and inform and to help individuals have a better understanding of DUI. Before I discuss the anatomy of an actual DUI arrest, I believe it important for the reader to have a basic understanding of the physiology of alcohol itself.   By understanding how alcohol works within our body, and how it relates to ones blood alcohol concentration (BAC), one can better understand how the consumption of alcohol can lead to a DUI arrest, or even avoid a DUI arrest by controlling behaviors related to the consumption of alcohol. Overview of Alcohol: Arguably, alcohol is the most abused drug in the United States.  "Alcohol" is the name given to a family of closely related and naturally-occurring chemicals.  Alcohols are molecularly very similar and produce similar effects. They produce intoxicating effects when ingested into the [...]

Mishandled Blood – Results in Not Guilty DUI Case

Law Offices of Manuel J. Barba represented a male client who was stopped for allegedly driving erratically. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Rancho Cucamonga Court. After he was arrested he agreed to a blood test and the results showed .21% Blood Alcohol Concentration. The evidence showed the mishandling of the blood sample thus compromising its integrity. Disposition: After a Jury Trial, the jury could not reach a unanimous agreement – 8 for not guilty and 4 for guilt. The case was resolved for plea to reckless driving. Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a prospective client will have the same outcome in their case.

Rancho Cucamonga Marijuana DUI Dismissed

Law Offices of Manuel J. Barba represented a male client who was stopped for allegedly speeding.  A blood test showed that client had marijuana in his system along with low level of alcohol. Client was charged with VC23125 (f) – Driving while under the combined influence of marijuana and alcohol in Rancho Cucamonga Court. After careful analysis of the prosecution’s chemical analysis, and negotiations, the DUI charges were dismissed. Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a prospective client will have the same outcome in their case.

Suppressed Blood Test in a DUI provides Court Win

Law Offices of Manuel J. Barba represented a male client who was stopped for allegedly making an illegal u-turn. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Fullerton Court. After he was arrested he agreed to a blood test and the results showed .12% Blood Alcohol Concentration. The discovery process gave light to issues regarding the blood test. After filing a motion to suppress the blood, and an evidential hearing, the court suppressed the blood.   The district attorney chose to proceed to trial without the blood evidence – on the driving under the influence charge alone. Disposition: After a Jury Trial, the jury found client NOT GUILTY. Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a prospective client will have the same outcome in their case.

DUI Case Dismissed in San Bernardino County Court

Law Offices of Manuel J. Barba represented a female client who was stopped for allegedly driving on a flat tire in Montclair, CA. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Rancho Cucamonga Court. After she was arrested she agreed to a blood test and the results showed .15% Blood Alcohol Concentration. The evidence showed the mishandling of the blood sample thus compromising its integrity.  Disposition: After a Jury Trial, the jury could not reach a unanimous agreement – 9 for not guilty and 4 for guilt. The court dismissed the case. Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a prospective client will have the same outcome in their case.

DUI Victory in Rancho Cucamonga Criminal Court

Law Offices of Manuel J. Barba represented a male client who was stopped for allegedly speeding. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Rancho Cucamonga Court, in San Bernardino County After our client was arrested he agreed to a blood test and the results showed .11% Blood Alcohol Concentration. The evidence showed the mishandling of the blood sample thus compromising its integrity.  Disposition: After a Jury Trial, the jury found client NOT GUILTY. Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a prospective client will have the same outcome in their case.

DUI Charges Dismissed in Joshua Tree Court

Law Offices of Manuel J. Barba represented a female client who was arrested for VC23125 (a) (b) (DUI and Driving with a blood alcohol concentration of .08% or more in Joshua Tree Court. Client blew into a Preliminary Breath Test machine and had results of .085%/.086% Blood Alcohol Concentration. After she was arrested she agreed to a blood sample with result of .06% Blood Alcohol Concentration. Disposition: DUI charges were dismissed (VC23125 (a) (b)). Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a prospective client will have the same outcome in their case.

Mishandled Blood Test- Not Guilty DUI Verdict

Law Offices of Manuel J. Barba represented a female client who was stopped for allegedly not turning on her head lamps. Client was charged with VC23125 (a) (b) - DUI and Driving with a blood alcohol concentration of .08% or more in Rancho Cucamonga Court. After she was arrested she agreed to a blood test and the results showed .14% Blood Alcohol Concentration. The evidence showed the mishandling of the blood sample thus compromising its integrity. Disposition: After a Jury Trial, the jury found her Not Guilty. Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a prospective client will have the same outcome in their case.

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