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    DUI/DMV LITIGATION
 

     

 

     More than 125,000 people were arrested in California during 2023 for driving under the influence of alcohol. The vast majority admitted their guilt. However, some decided to fight their cases, and they won because the prosecution's evidence was the product of illegal searches and seizures by the police, which made that evidence inadmissible in a court of law. Art Lange fought his case and won. I represented Art in a DUI prosecution based almost entirely on evidence that a CHP officer seized after entering Art's garage without a search or arrest warrant. We fought his case in the California appellate courts and finally won in the United States Supreme Court, which found that the CHP officer's entry into Art's garage was illegal. 1 Attacking a DUI prosecution based on a search and seizure issue is only one way a DUI case can be defended. Other cases may involve illegal police conduct in obtaining a blood or breath sample or errors made during the forensic analysis of those samples. The same attacks may prevent the DMV from suspending or revoking the licenses of those arrested for DUI. However, litigating those issues in court is the only way results like that can be achieved.

 Lange v. California (2021) 594 US __ , 141 S. Ct. 617.

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