COMMON DEFENSES FOR A CALIFORNIA DUI CASE
Some of the defenses argued in a DUI case in California include:
Michael Simmrin - Lead Attorney
When arrested for DUI in Orange County, a lot is at stake. Even if you have never faced charges before, you could lose your driving privileges, pay a hefty fine, face incarceration, or do community service. Consequently, you want to take the necessary steps to ensure you are acquitted or have your charges lowered. That starts by contacting a skilled DUI defense attorney with a proven track record. A knowledgeable lawyer will defend your interests and rights, significantly increasing your chances of winning your case.
At Orange County DUI Defense Lawyer Group, we are a criminal defense law firm specializing in defending clients charged with DUI in Orange County and the surrounding areas. With decades of experience, we have the skills and knowledge to defend suspects against DUI-related offenses. You could rest assured that your case is in the hands of a lawyer who, apart from boasting decades of experience, works for a law firm that was voted the county's best firm for several years.
Our lawyers strongly believe in their work and strive to accord every client first-rate legal defense. Our several years of drunk- and drugged-driving defense practice in Orange County have made us develop solid working relationships with prosecuting attorneys, judges, clerks, and other court officials. It has also earned us an excellent reputation in the legal community.
You can always count on us as your source of strength in these difficult times. Remember that the lawyer you hire could be the difference between a regrettable and positive outcome for your case. Therefore, consult with our lawyers and let us take on your case.
There are many DUI defense law firms in Orange County, and you could hire any of them. However, you should understand that not all DUI defense lawyers have the same level of expertise. It is worth repeating that it matters who takes your case since the outcome will significantly depend on your lawyer's knowledge, skills, and work they put into resolving the case. Here are some of the qualities that sets us apart from other law firms and which can make you want to hire us:
You may feel like your case is like any other with other DUI firms. But with us, we provide a more individualized, intimate experience. We take time to know clients plus their unique cases so we may offer the best possible legal representation.
Client-Centered Services
Each client and each case we take is our number one priority. For the years we have been in operation, we have learned that our capability to advance as a DUI law firm depends significantly on our ability to earn our clients' trust. Consequently, our lawyers aggressively fight for clients and purpose to establish lasting working relationships that will yield significant current and future relationships. We commit ourselves to paying attention to our clients' needs. Whether dealing with a small or large case, we see all cases as unique and essential and every client significant.
No Case is too Small or too Big
We handle all kinds of DUI-related cases, either felonies or misdemeanors. Whether it is your first DUI arrest or you are a repeat offender, our lawyers have the experience to assist you through each step of the criminal court process. We will also represent you at the DMV hearing and ensure we obtain the most favorable results for you.
Proven Results
At Orange County DUI Defense Lawyer Group, we achieve actual results and boast a proven track record of success from complete charge dismissals to not-guilty verdicts. What helps us achieve these results? When you hire us, we will not take the easy way out. We will engage you entirely from the beginning to the end. As much as we offer cost-free consultations over the phone, we also meet face to face with clients to begin working toward results. We fight to protect our clients' rights, records, and reputations throughout the DUI criminal court and DMV (Department of Motor Vehicle) processes.
We Have Effective Strategies That Win Cases
Our law firm is founded on the aspiration to defend persons accused of DUI-related crimes in Orange County and the surrounding areas. Our lawyers pride themselves on the skills and knowledge they have attained defending hundreds of clients facing DUI charges. We will protect your freedom, rights, and reputation. We employ an aggressive, team approach to evaluate charges and develop a solid defense strategy. We are focused on the case outcome, and that is why our lawyers take their time to defend each client. We will assist you in making informed decisions by thoroughly explaining what your case is all about and the legal options you have. We consider the results you want while fighting for you.
We are not Just a Typical 9:00 a.m. to 5:00 p.m. Law Firm
What happens if the police arrest you for DUI outside of the regular working hours? You may find yourself in trouble during holidays or weekends, and law enforcement officers do not arrest people based on personal schedules. Thus, you deserve prompt legal help when in trouble with the law, irrespective of the time. That is why we operate 24/7/365 to assist you. In addition, you will always have the contact info of the attorney handling your case, meaning you will always have someone available to answer your calls and address any of your concerns and emergencies.
You Have 10 Days to Request a DMV Hearing to
Avoid License Suspension.
Driving under the influence of drugs or alcohol is a severe offense since it involves actions that place other people at risk. But the severity of DUI consequences varies depending on the case factors and whether the defendant has any prior DUI conviction. Regarding the latter, DUI is a priorable offense, and the consequences become more severe with each subsequent DUI conviction within ten years. If you have been convicted of DUI offense in the past and are convicted of another within ten years, you will face more severe penalties for the second conviction than for the first.
Most DUI offenses are misdemeanors. However, you may face felony charges if you have four or more past DUI convictions on your criminal record or if a person is hurt due to your intoxicated driving. The punishments for DUI are as follows:
You may also be subject to civil charges if your DUI offense caused property damage or injuries to someone else. And if your offense had aggravating factors, you may face an enhanced sentence. Collateral consequences such as difficulty finding employment, especially if you are a commercial driver, difficulty renting an apartment, and loss of professional license can also result from a DUI conviction.
Don't Risk of Having Your License Suspended and a Criminal Record.
Get an Experienced Lawyer to Fight for You!
Some of the defenses argued in a DUI case in California include:
Residual mouth alcohol may result in falsely high BAC results. Breathalyzers test breath samples from the alveolar air (deep lung tissues). Therefore, using an alcohol-containing mouthwash rather than capturing the alcohol in the alveolar air can capture alcohol residues in the mouth if you chewed tobacco, suffered from heartburn, GERD, or acid reflux, or used particular medications. These can lead to BAC test results of 0.08% or higher. Additionally, the officer has to observe you continuously for fifteen minutes before subjecting you to a breathalyzer test to ensure you do not regurgitate, belch, or burp and do not put anything containing alcohol in your mouth. Should the officer fail to observe you for a continuous fifteen minutes, your attorney can question the BAC test results plus the entire investigation.
The D.A and arresting officer heavily depend on FST results and virtually always attest that the accused generally failed without mentioning the tests that you performed well. If the prosecutor's evidence includes FSTs results, your lawyer may challenge them as a defense. Even the most reliable field sobriety tests are not 100% accurate signs of impairment. Additionally, various factors may impact coordination and balance, making you fail FSTs. These factors may include fatigue, poor lighting, clothing, adverse weather conditions, flat feet, uneven surface, and wrong footwear. Our lawyers argue this defense to ensure the D.A does not use FST results to seek a conviction.
Once you drink alcohol, it takes between an hour and three hours to be absorbed into the blood system and reach its peak level. Therefore, if you drank alcohol and went straight to your car to drive and then were arrested for driving under the influence, the chemical tests may also indicate a higher blood alcohol content than you had while driving. Your blood alcohol content will continue rising, and if the chemical tests are not administered soon after your arrest, the chemical test results could be false. What counts is your blood alcohol content level at the period you drove, and this fact may form the foundation of legal defense in a DUI case.
Whereas law enforcement officers usually think a motorist must be intoxicated if driving erratically or poorly, it is not always true. Weaving, speeding, or any other traffic violation can be caused by a sober motorist who is inattentive or distracted. The D.A will take into account your driving pattern, and the arresting officer may attest that you were driving in a way similar to how an intoxicated person would drive. A skilled DUI defense lawyer can fight your case by arguing you were not intoxicated and your driving pattern is an unreliable sign of DUI.
At Orange County DUI Defense Lawyer Group, we handle all DUI cases. We dedicate our time to handling DUI cases exclusively and offering a comprehensive defense. Here are some of the cases we handle:
There is a long legal journey ahead of you when charged with DUI. The California DUI process is intricate and needs an exceptional understanding of the law to navigate. You do not have to go through the process alone. At Orange County Defense Lawyer Group, we are readily available to help you fight your DUI charges. We have a deep understanding of the California DUI law and will fight to obtain the best possible outcome for you. Call us at 714-705-6932 to share your case details.