DUI Attorney Mark Malachowski (415) 983-0717

Aggressive, Effective DUI Defense

DUI Breathalyzer Defense

Bad results from false assumptions about lung capacity, breath volumes, anemia, gender, race and body weight. False positives from soy sauce, white bread, mouthwash, and inhalers.



Barry Bonds Walks on Obstruction of Justice Charge

Bonds at batU.S. Attorney Matthew A. Parrella struck out when the 9th US Circuit Court of Appeals reversed Barry Bonds’ conviction for obstruction of justice for giving a rambling answer. The 9th U.S. Circuit Court of Appeals ruled his meandering answer before a jury in 2003 was not material to the government's investigation into steroids distribution.

Bonds 762 home runs broke Hank Aaron's long-standing career record of 755 and Bonds hit a single-year record of 73 home runs in 2001. However, Bonds has been denied entry into baseball's Hall of Fame by baseball writers.

Former Atlanta Falcon Jamal Sharif Anderson was recently arrested on charges of DUI

Football Player DUI arrestFormer Atlanta Falcon Jamal Sharif Anderson was recently arrested on charges of DUI and improper stopping on the roadway. Police say Anderson was found in a stopped car on I-85 the evening of Friday, November 21, 2014 in Duluth, Georgia and was taken into custody.  Anderson played for the Falcons between 1994 and 2001 and is famous for creating the Falcon's Dirty Bird touchdown celebration dance.

If you are tired while driving, do not try to keep alert by just opening the window and turning up the radio full blast. Pull over at the next safe place, get off the road, and park your car. Driving with an open window on a chilly night is a DUI red flag.  It is illegal to block traffic or to be on the road way. Do not leave you lights on.  Traffic behind you may think your tail lights are the car moving with traffic in front of them and rear end you. If you are sleeping in your car with the keys in the passenger compartment, you are legally in control of the vehicle, and can be charged with DUI if you have a blood alcohol content (BAC) .

If you tell the judge, "I was sleeping in the back seat, not driving!', the Judge will respond, '"You were just too drunk to get the keys into the ignition when you tried." Yes, you can get a DUI for being drunk and asleep in your car, if the keys are in the passenger compartment. The wheels do not have to be moving.

Also, do not talk to the cops after they wake you up except to say, " I want to talk to my attorney."Otherwise the police report may say something like, "A groggy suspect admits to drinking at Joe's Bar until 2 AM, getting into his car, driving, then starting to pass out, and pulling over just 200 feet from Joe's Bar, and taking a nap. Suspect had a BAC of  0.12. The hood of the car was warm."  

That means you confessed to drunk driving. Put the keys in the trunk. Keep your yap shut.  Sweat dreams. 

DA Pleads Guilty to DUI

Travis County, Texas District Attorney Rosemary Lemberg plead guilty to DUI in April 2013, with an alleged BAC of 0.23 and was sentenced to 45 days in jail. Police allege that she was uncooperative. She was video taped interacting with police during her arrest and once she was in custody. You have the right to remain silent (gestures and movements can be considered speech).



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