CHARGES AND CRIMES
» D.U.I.

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THE RISING DEFENSE

What is the "Rising Defense" as it relates to a DUI case? The rising defense argues that the results of a blood-alcohol test are worthless because they reflect the alcohol level in the blood at the time that the test is given, not when the person was driving. Because it takes time for the body to metabolize anything we ingest, including alcohol, the blood alcohol concentration or "B.A.C." is either rising (being absorbed) or falling (being burned off) over time. Therefore, the argument goes, it may be that the body had not finished absorbing alcohol when the person was driving and, so, the amount of alcohol in the blood was higher when the police did the test. Since a violation of one of the DUI laws occurs when a person has .08% of alcohol in his blood while driving, circumstances may actually indicate that the percentage was lower than shown by the test.

The rising defense does not apply to all cases and it is but one of the many arguments that one may use to defeat a DUI charge. At Mendoza & Associates, "rising defense" refers to the legal argument summarized above as well as to our commitment to our clients. We will rise to your defense. A DUI or drunk driving arrest does not have to result in a conviction or suspension. We understand the scientific techniques involved in both Breathalyzer and blood tests. We also understand how to question the reliability, accuracy, and validity of these tests. We use thorough pre-trial investigation and discovery to get evidence to help our clients. We have investigators and experts to assist in your defense. And even though statistically very few cases go to trial, if you want a trial, we’ll be ready to take your case to a jury.

Even though we handle many DUIs every day, we do not lose sight of the fact that your DUI case is a big problem. We get you through it, with our knowledge, experience and expertise. Finally, if you have to agree to a plea bargain, we can reduce your fines and fees and suspension to the greatest extent possible. We know how expensive your expenses may be once you add up the fines and penalties, on top of the costs of a program, insurance and a suspension. We give you a break. What’s more, you may never need to appear in court!

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LOCATIONS:

Orange County
714.542.1363
714 N. Spurgeon Street
Santa Ana, CA 92701

San Bernadino/Riverside
909.370.2539
3200 Guasti Road
Suite 100
Ontario, CA 91761

Corporate Office/Mailing
800.231.2515
PO Box 4500
Laguna Beach, CA 92652-4500


 
   
 
Our criminal defense law firm serves the entire Southern California communities including:


ORANGE COUNTY -Santa Ana, Fullerton, Westminster, Newport Beach, Laguna Beach ,Anaheim, Costa Mesa, La Habra, Garden Grove, Huntington Beach, and others.
SAN BERNARDINO - Rancho Cucamonga, Fontana, Chino Hills, Victorville, Barstow ,Big Bear, Chino, Highland, Montclair, Loma Linda, Ontario, Redlands, Rialto, Upland, Yucaipa, and others.
RIVERSIDE - Murrieta, Corona, Indio, Banning, Canyon Lake, Indian Wells, Lake Elsinore, La Quinta, Moreno Valley, Palm Springs, Perris, Temecula, and others.

 
 
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