Santa Barbara Criminal, DUI Cases from Misdemeanor to Murder Charges

Toll Free Phone: (800) 285-1763
Toll Free Fax: (888) 286-1840

Email: Okorie@187Law.com

Okorie "Dr. DUI" Okorocha named TOP DUI Attorney for 2009 and is Nationally Board Certified in Criminal Trial Law. Okorie "Dr. DUI" Okorocha is chosen by Judges/Commissioners to represent them personally, as well as their family members and friends. December 1, 2009 Results update:  Mr. Okorocha goes to trial on numerous DUI cases.  In his last Six DUI trials in Los Angeles County, the clients had blood alcohol levels at least 50% over the legal limit.  Of all Six, only one was convicted.

"Mr. Okorocha is not only a competent attorney but quite an excellent one.  He got rid of count one... not exposing [Defendant] on the life charge in this case." 

-- Judge of the Los Angeles Superior Court at the Conclusion of a Homicide Trial.--

Listen to Dr. DUI's Killer Cross Examination of a Police Officer by Clicking Here

      The following is a summary of the Criminal DUI laws in Santa Barbara and the State of California with facts from the Defense side of Driving Under Influence (“DUI”) in California pursuant to Vehicle Code sections 23152 and 23153.  It is intended to provide answers to what would be “frequently asked questions” regarding a DUI charge.

Measuring Blood Alcohol Content and the Affects of Alcohol on the Body

        The percentage of alcohol in the blood that gives rise to a level of intoxication justifying a DUI charge is defined with the term “Blood Alcohol Content" (“BAC”) under Vehicle Code section 23152(b), but under 23152(a) even if your blood alcohol level is 0.00001, the Santa Barbara DUI prosecutor simply needs to convince 12 Santa Barbara jurors that you were impaired by the alcohol that you drank.  This is the most ridiculous section of the whole vehicle code.  The DUI Prosecutor's in Santa Barbara can tell you how much your brain has been affected by alcohol and how that in turn affected your driving without even doing a physical examination.

      Most relevant to DUI defense is the affect of alcohol on the brain. The problem with the application of standard DUI laws in Santa Barbara DUI prosecutions is that Brains vary from person to person and the effects of alcohol thus vary based on your receptors for alcohol and your pharmacokinetics.  The idea that any Santa Barbara Driver is Drunk at .08 but not at .079 is absurd and scientifically invalid and utterly silly. 

      According to the National Highway Transportation Safety Administration, (“NHTSA”) alcohol-related fatalities accounted for 17,448 or 41% of highway fatalities in 2001. Available at www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/Rpts/2002/Assess01.pdf. They estimate that the percentage of drivers with 10% BAC during weekends (up to 46% on weekend nights), and mostly male (20% to 11% female).   

      While DUI is a primarily state law issue, in 1982 Congress developed a series of grant programs to give states incentive to enact strong and effective impaired driving laws. Congress enacted the Section 408 Program that required a state to enact a .10 BAC per se law in order to qualify for a basic grant under the Program. Later in 1988 Section 410 was enacted that lowered the requirements to receive grants to .08 BAC, National Highway Traffic Safety Administration (1991). The Effects Following the Implementation of an 0.08 BAC Limit and an Administrative per se Law in California, DOT HS 807 777, Washington, DC: National Highway Safety Administration. In 1998, Congress passed the Transportation Equity Act for the 21st Century $500 million of incentive grants over 6 years to states that enacted an .08 BAC per se law. The grant funds could be used for projects such as highway construction and highway safety projects. NHTSA Final Report, Legislative History of .08 Per Se Laws, DOT HS 809 286, July 2001. In 2000, Congress passed the Department of Transportation’s 2001 Appropriations Act (HR4475), which provided that states must pass a .08 per se law by 2004 or they would lose 2% of their highway money each year (up to 8%), until the amount lost reaches 8 percent. However, if the State adopted the 0.08% limit by 2007 it would get back any money it lost. As of May 2001, forty-nine States had enacted per se laws, and twenty-five states, plus the District of Columbia and Puerto Rico, had established .08 BAC per se as the illegal limit.

Contact us immediately if you have been arrested or charged with a DUI at:

(800) 285-1763

Client Comments

Okorie was very prompt and aggressive in settling my case. He is extremely knowledgable and easy to work with. He offered me great advice before depositions and his communication couldn't have been any better. I found Okorie's fees to be completely fair and reasonable and was glad to see that he lived up to the expectations he set upon our initial consultation. I strongly recommend working with Okorie. Review on Santa Barbara Watson DUI Attorney Okorie "Dr. DUI" Okorocha

I have never been in a lawsuit before, but Okorie has done his best to go above and beyond my expectations. He gives honest advice and stands behind your case 100%. He cares about you as a person, not just as a case.Review on Santa Ana & Fullerton Manslaughter DUI Attorney Okorie Okorocha

Okorie made a believer out of me! I highly Recommend Okorie if you are facing a Dui charge. He really came through for me! Thanks Okorie!Review on Santa Barbara 2nd Degree murder DUI Attorney Okorie "Dr. DUI" Okorocha

Okorie is an amazing attorney. He really went above and beyond to resolve my brother's DUI matter. I was scared for my brother and afraid he would have to do time for his DUI, but Okorie took care of everything. There is no one thing that he didnt do right. He is a very trusthworthy attorney, who will do everything in his power to resolve your matter. He understands you as an individual and fights diligently for you. Every day someone in court would ask him for his business card, thats just how great he is. No matter what he was always there when we needed him, regardless of the time. Words cannot express all the dedication and commitment he dedicated to our case. There's very few attorneys like him.Review on Santa Barbara Vehicular Manslauter, Watson & DUI Attorney Okorie Okorocha

Okorie is an amazing attorney. He really went above and beyond to resolve my brother's DUI matter. I was scared for my brother and afraid he would have to do time for his DUI, but Okorie took care of everything. There is no one thing that he didnt do right. He is a very trusthworthy attorney, who will do everything in his power to resolve your matter. He understands you as an individual and fights diligently for you. Every day someone in court would ask him for his business card, thats just how great he is. No matter what he was always there when we needed him, regardless of the time. Words cannot express all the dedication and commitment he dedicated to our case. There's very few attorneys like him.Santa Ana Criminal Defense Attorney Okorie Okorocha

I had a drunk driving arrest and the district attorney offered me jail time and wanted me to plead guilty. Mr. Okorocha said we needed a trial. He was right. We won.  Okorie Okorocha in a Santa Ana & Fullerton Vehicular Manslaughter DUI Defense Case

He is caring, kind and he listens. His thoughtfulness and advice helped me get through my struggles before I needed his help and once I choose to use his legal services I was not disappointed. He is not an attorney that is in it for the "money". He is the type of lawyer that is actually there for his clients. He will work for you and do what is needed to help you with your situation. He answers all calls and returns phone calls promptly if not available. I would recommend Okorie Okorocha to anyone that needs legal services. Review of Criminal Defense Attorney Okorie "Dr. DUI" Okorocha Manslaughter Attorney for Santa Barbara

I have retained this lawyer and referred him to many business friend of mine without hesitation. His professionalism and time comittment to his clients has proven to be his best his asset. I have heard nothing but great things from my friends and will continue seeking his legal advice and as well as making referrals.  Review by Attorney Client of Attorney Okorie "Dr. DUI" Okorocha for cases in Santa Barbara

I hired Okorie Okorocha several months ago as my son's defense attorney. Mr. Okorocha treated us with nothing but respect during the whole process. He was knowledgeable and his advice was correct every step of the way. Okorie never hesitated to make himself available to talk. He kept us up to date as the case progressed. We were very pleased with the verdict, as Okorie promised. Mr. Okorocha gave an unmatched effort and my family and I hold him in the highest regards. I highly recommend this attorney.

Review of Okorie "Dr. DUI" Okorocha in Santa Barbara Courts.

I was accused of driving under the influence and although I was not acquitted the jury has hung in my favor and while Mr. Okorocha humiliated the prosecutor witnesses on the stand it was so beautiful. I believed in the justice system and all the audience was thrilled to see cops get embarrassed and Mr. Okorocha got mobbed for his business cards. This was one of the best experiences that anyone could have with the justice system. Review of Santa Barbara DUI Expert Okorie "Dr. DUI" Okorocha

Okorie was a great lawyer. He kept me informed every step of the way through my case as well as taking time out of his busy schedule to meet or talk with me. He did a very good job in explaining things to me that I didn't understand and always asked me if I had any questions. Review of Santa Ana DUI and Fullerton Lawyer Okorie "Dr. DUI" Okorocha

I was in a tight position when I called Okorie and he immediately helped me that day and started my case right after I spoke with him. He is very trustworthy and kept me informed about my legal matters the whole way through my case. He closed my case very quckly and I was fully impressed with his knowledge about my legal matter and how nice he was. Not an average lawler. I fully recommend him to anyone that reads this review. Review of Santa Barbara DUI Attorney Okorie "Dr. DUI" Okorocha

Hiring an attorney was a little frightening at first because you never know who you can trust. The first time I spoke to Okorie on the phone, I knew he was going to represent me. He returned my phone calls within an hour, always kept me informed of what is going on in my case, and always made sure that no matter what, I would get what I deserve. He is very trustworthy, and doesn’t work just for the money, he works for you. You can tell he loves representing mistreated employees, and hates to see employers get away with wrongful actions. He walks you through the steps of the legal process to make sure you fully understand your own rights. He gave me the confidence to say that what happened to me was not right and the people who are responsible will pay the costs. Thank you Okorie, for everything that you have done for me and my case. Review of DUI Defense Attorney Okorie "Dr. DUI" Okorocha, serving Santa Barbara

Okorie Okorocha first returned my call 30 mins after I left a message with his answering service. What made this exceptional was the fact that it was at 8:30pm on Good Friday. After a 45 minute phone call detailing his defensive strategies and jury processing interviews, I was sold. And so was my very over-protective father, also a lawyer who lives 3,000 miles away. My dad grilled Mr. Okorocha through and through as only a lawyer could, and both he and I felt faith for the first time since I had been arrested for DUI. He was incredibly knowledgable on the subject and answered every question I had, including why my BAC (0.09%) was so high after only 2 drinks. I had no idea asthma effected a breathalyzer test, but Mr. Okorocha was ready to bring in a pulmonologist to testify on my behalf. Not only is he creative, but he is confident in his skills. He literally jumped out of his chair to learn my hearing was scheduled at Metropolitan Court House. "I have never lost there." He still hasn't.  Review of Santa Barbara Attorney Okorie Okorocha in a DUI case in which he represented the daughter of an attorney.

I did not know Okorie when I first set-up an interview. I had concerns for being ignorant to the law because this type of thing never should have happened to me. The fear of the unknown and how the law works. As a stranger in this state, I wondered how an error in my judgement would my future, my family, my job. How would this situation in California affect my life and how could I defend myself. I went to Okorie's office. His staff offered me a bottle water and a piece of chocolate. Something my family would do. Okorie had done research on my state statues and compared them with California in the short time between scheduling a this meeting. He explained the how the system works and said he was committed to protecting my interests. He told me to trust him and I did. He said I can be at ease while I returned home two thousand miles away. He did what he said he would and was professional in keeping me in the loop. Although I can't go back in time and change the events, I satisfied that someone understood what happened and treated me with repect.Thank you Okorie. Review of Santa Barbara DUI Expert Okorie "DR. DUI" Okorocha

Okorie Okorocha is and not only an excellent attorney, but an amazing human being as well. He has really helped me a lot and has done amazing things that i didn;t think were possible. He helped me with a felony charge that came along with two other counts which were then reduced to Defferred Entry of Judgment (which is so incredible). He also helped me get a petty theft charge reduced to trespassing which will really help me in the long run when it comes to finding a job. I trust Okorie with everything that i have shared with him, he is a very smart man with great tactics. I would recommend him to anyone! I truly believe that there is no one else out there who can get the job done the way Okorie does he knows exactly what he is doing and when to do it. He is organized, on time, and keeps in constant contact when needed. I almost want to call him a good friend but in the end he is still my attorney. So for anyone out there who needs help with any court issues this is your go to guy! I promise you will not be disappointed. My mom met him in a coffee shop one afternoon and since that day he has truly saved my life practically. I am a freshman in college at San Jose State on a soccer scholarship and without Okorie Okorocha I wouldn't have been able to move on with my future and live my dream I've always wanted to live. Thanks Okorie I appreciate everything you've done for me you truly are amazing. GOD BLESS. Review of Santa Barbara DUI Attorney Okorie Okorocha

Mr. Okorocha impressed me initially when he insisted that, in my DUI case, if I wanted to plead guilty, (which most lawyers would more-or-less have me do), that I needed no attorney, that this service, which so many offered, was a scam. Mr. Okorocha was adamant about this and wanted to explain, and have me fully understand, what was worth paying for and what was not. He told me that I should either plead guilty myself, saving the money on an attorney, or really fight the charge, and that this was where he could help.

He let me know that he was an attorney that specialized in fighting the DUI charges, often through citing scientific reasoning and by pointing-out the abundant legal technicalities when in court. This is the legal perspective I had initially wanted in my attorney and had been disappointed by the other attorneys I had talked with, who thought the trial process a superfluous and unrealistic effort to undertake.

I then went to Mr. Okorocha’s links, (those posted on this sight), and listened to a recording of him cross-examining a police officer involved in a DUI arrest. I was then convinced he was no fake. He cited an abundance of scientific evidence supporting his client and numerous technicalities specific to the case which tore apart the opposition. At this point, I knew he was the attorney for me. (If you haven't listened to this cross-examination yet, do, it will make you feel much better. I know what you're going through is very emotionally draining and listening to Mr. Okorocha pick apart this policeman somehow gives you faith that things will work out, or that at least they’ve been known to, with Mr. Okorocha on one’s side.)

As I grew to know Mr. Okorocha better, we discussed life philosophies a bit and what drives the both of us as people. This is when I knew that I had not only hired the right attorney, but that I had found one of those unique individuals who operate less on profit than on principle. Mr. Okorocha impressed me with his views regarding the systematic injustice enacted by our legal system, particularly in DUI cases. Mr. Okorocha showed me a passion for taking the power back from the system and giving it to the people he represents. It is for this reason that I liken Mr. Okorocha to Robin Hood, (a Robin Hood with a healthy helping of David (v. Goliath) that is).

For all of these reasons, I would highly recommend hiring Mr. Okorocha as your attorney. With him, justice and hope are just around the corner. Review of Santa Barbara DUI Expert Okorie "Dr. DUI" Okorocha

Okorie proved to be one of the best attorneys I have ever worked with. Okorie worked on my case with a team of other attorneys (some of which with over 25yrs of experience) and quickly established himself as my main "go to" person whenever I had questions regarding ANY facet of the case. I would trust Okorie's services with ANY legal matter you may have as, he always does his homework to ensure he is well versed in the laws applicable to your claim 'prior' to any formal discussions with the other side's counsel .
No living breathing attorney is an expert in everything BUT, Okorie ensures he "IS" as knowledgeable regarding how the law applies in your case which allows him to litigate matters against any of the so called 'experts' currently out there .

Okorie offers his clients a Wall Street Law Firm Professional Feel while at the same time offering piece of mind by his open communication and 'genuine' care for his client and their case!!  Review of Santa Barbara DUI Expert Okorie "Dr. DUI" Okorocha

Okorie is an outstanding attorney. He recently represented me in a misdemeanor DUI trial case in Riverside county. Okorie is extremely knowledgeable re: all aspects of DUI laws, DMV proceedings, trial strategies etc. I interviewed all of the "top gun" DUI lawyers in southern California, prior to selecting Okorie, and am certain I made the right decision. (Of note, several of these attorneys recommended Okorie). His attention to detail, commitment to win, and responsiveness to client concerns is clearly evident in his practice. (He even returns emails and phone calls promptly-a rarity I am told). In trial, it was clear that he is highly regarded by colleagues, jurists, and jurors. As a client, he made me feel that my case was extremely important, and listened to my concerns and suggestions (I did a great deal of homework to educate myself on DUIs), always keeping me informed re: the status of my case. Okorie comes with my highest recommendation as an attorney with integrity, dedication, and expert knowledge is his field.  Review of Santa Barbara DUI and Criminal Defense Attorney Okorie "Dr. DUI" Okorocha

McNeal: The Biggest Case in recent DUI Law History

Questions of Law on Review

i.  Is evidence attacking the standard 2,100-to-1 partition ratio used to translate breath alcohol concentration test results to blood alcohol concentration results relevant, and may it be used as evidence to negate the basic fact triggering the presumption in both the statutory “Generic” and “Per Se” driving under the influence (DUI) prosecutions?

ii.  Does a trial court have discretion to deny a defendant's motion to reopen after both sides had rested, in order to present evidence on the issue of the variability of the partition ratio between the concentration of alcohol in the blood and in breath?

      Alcohol affects the central nervous system. When ingested, it is absorbed into the blood and carried through the carotid arteries to the brain. As the body absorbs ingested alcohol, blood-alcohol levels rise until they reach a peak. The rate of absorption depends on many variables, including the amount of food in the stomach, the amount of alcohol consumed, the time over which it was consumed, and numerous individual factors. Most experts agree that measurements of alcohol in venous blood or breath give a good indication of the amount of alcohol in the brain during the post-absorptive phase. Id. at 1190-1191.

      The Vehicle Code requires all drivers who are lawfully arrested for DUI to submit to chemical testing of the blood or breath to determine the alcohol content of their blood.  Veh.Code § 23612 (a)(1)(A).). A breath sample taken from a driver suspected of DUI must be converted to derive a blood-alcohol percentage. The conversion factor, known as a “partition ratio,” reflects the relationship between alcohol measured in a person's breath and alcohol in the blood. Breath-testing machines in California incorporate a partition ratio of 2,100 to 1, which means the amount of alcohol in 2,100 milliliters of breath is considered equivalent to the amount of alcohol in 1 milliliter of blood. It is undisputed, however, that partition ratios can vary widely, both in the general population and within an individual. Id. at 1188.  
      When a subject blows into a breath-testing machine, the device measures the amount of alcohol vapor expelled into alveolar spaces deep in the lungs. From this measurement of breath alcohol, a blood-alcohol percentage can be computed using a mathematical constant. The conversion from breath alcohol to blood alcohol is based on the chemistry principle of “Henry's law,” which holds that there is “a constant ratio between the concentration of alcohol in the blood and the concentration of alcohol in the alveolar air of the lungs.” Id. at 1191, citing to Taylor & Tayac, Forensic Chemist: Blood-Alcohol, supra, § 12.19, p. 770.   Breath-testing machines in California use a conversion factor of 2,100 to 1, meaning “the amount of alcohol in 2,100 milliliters of alveolar breath is equivalent to the amount of alcohol in 1 milliliter of blood.” Cal.Code Regs., Tit. 17, § 1220.4 (f); see People v. McDonald (1988) 206 Cal.App.3d 877, 880. Id.  Most scientists agree that the 2,100-to-1 ratio roughly approximates or even underestimates the ratio of most people. Id. at 1192.

Evidence Attacking the Standard 2,100-to-1 Partition Ratio Used to Translate Breath Alcohol

Concentration Test Results to Blood Alcohol Concentration Results is Irrelevant and May Not be Used as Evidence Challenging the Presumption Pursuant to Veh.Code § 23610(a)(3) in a “Per Se” DUI Prosecution. But is Relevant and May be Used to Rebut This Presumption in a Generic Santa Barbara DUI or criminal Case.