Whether you have been stopped at a drunk driving roadblock, or arrested for drinking and driving, being accused of drunk driving can be the beginning of a confusing and sometimes shattering string of events. Don’t face it without the best DUI attorney you can find.
An aggressive, knowledgeable defense is your best bet on protecting your rights.
Don’t gamble on going to court without an attorney
If you or a loved one has been arrested for driving under the influence of alcohol or drugs (DUI), Mark Malachowski is the best DUI attorney to represent you. Although driving under the influence of alcohol, or drunk driving, is the most commonly committed crime in the United States, the laws are complex, and the penalties are severe. A DUI conviction can result in jail time, probation, a criminal record, fines, required classes, and loss of your license. It is extremely important that you speak with a DUI attorney who knows the unique system of legal standards that apply to DUI cases.
From DMV hearings, Writs of Mandamus, Motions to Suppress (1538.5 Motions), motions in limine (pre-trial motions) to trial, Mark Malachowski has experience defending DUI clients.
ESQ, JD, MS, BS
Mark has defended clients in charges ranging from tickets to attempted murder and most crimes in between. If you have been convicted of DUI multiple times or are facing a violation of probation or whether you had guns or illegal drugs in the car when you were pulled over, Mark will fight for your rights
Chemical testing expertise and certificates
(DUI cases hinge on chemical testing evidence)
Breath Testing Procedures and Gastro Esophageal Reflux Disease (GERD) as a DUI defense – Contra Costa Bar Association – Alco-Sensor IV test and Draeger MK-III dual technology (infra-red and electrochemical) test: Theory of operation, interferences, mouth alcohol correction, and GERD.
Fifteen years working as a chemical consultant.
Use and Calibration of Alco-Sensor IV Certified: This breathalyzer used by the CHP and many other police departments. The training concentrated on sources of error and conflicts with regulations that may render the results invalid or inadmissible as evidence, providing a defense to breath alcohol results. The training also covered the proper administration of field sobriety tests, such as the nystagmus, and various balance and acuity tests.
~ Bar Memberships ~
Bar of the Supreme Court of the United States 05/03/21– present
Bar of the 9th Circuit Court of Appeals 06/07/06 – present
Bar of the Supreme Court of California 06/01/06 – present
Mark discusses DUI issues on Law Talk TV…
You Have a Right to a Strong Defense
There are several defenses to a DUI charge, starting with the reason for the stop, the search, the interrogation, the breathalyzer or blood test results’ accuracy, along with the handling and preservation of evidence.
A thorough review of the police report and a client attorney interview is essential to build a good legal defense.
Test methods may be flawed
Blood alcohol test methods are subject to interferences and operator error.
- The instrument most often used, the breathalyzer (Alco-Sensor IV), measures a methyl group rather than ethyl alcohol (ethanol) itself, and thus the reading could be a result of a different chemical altogether.
- High blood alcohol levels may not be indicative of alcohol consumption.
- Experiments have shown several factors can influence the amount of alcohol found by blood alcohol test, thus calling into question whether blood alcohol is a reliable measure of consumption.
Anything can be used against you.
A loose tie or a rumpled shirt may be cited as evidence that you are drunk. Even your attitude, whether you are friendly, scared, annoyed or nervous, will be used as evidence against you. Every word you say to the police will be paraphrased or twisted into a confession. The prosecutor will use your falling into the trap of not properly following instructions, such as by using your arms to balance yourself, which is a normal physiological response, to nail the lid shut on his case. Even looking for your license and registration will be used against you.
Do not gamble on going to court without an attorney