Orange County DUI Lawyer Blog

A 26 year old man was arrested on suspicion of driving under the influence after crashing into a vehicle being driven by a police sergeant in Garden Grove. The young man was reportedly driving a small sedan when he struck an unmarked police car, pushing the police car up onto a center median. The police officer and driver were both taken to the hospital and treated for their injuries.

This young man is facing serious charges including Driving Under the Influence with Injury. DUI with injury is a "wobbler" meaning that it may be filed as either a misdemeanor or as a felony, depending on the circumstances and the defendant's criminal history, specifically prior DUI history. However, prosecutors typically pursue the charge that carries the most punishment.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI's can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. . An experienced criminal defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor. A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

An experienced DUI Defense Attorney will look closely at the police report and at the conduct of the investigating officers. Specifically, any misconduct or violation of rights must be taken into consideration. Further, if a field sobriety test was performed, and this is what the arrest was based on, it should be challenged due to the fact that field sobriety tests are subjective, basically the opinion of the officer performing the test. If a roadside Breathalyzer is used, this must also be looked at carefully as the results are unreliable and there are too many ways to skew the results. The law does require that anyone being arrested for suspicion of DUI must take a chemical test. Blood or breath, at the police station, are the two choices. However, there is no legal obligation for anyone to perform a field sobriety test. If a breath test was used at the police station, the maintenance logs of the breath machine need to be examined. If blood was taken, the attorney may want to employ the services of an expert to perform a “Blood Split”, which can help determine the blood alcohol level at the time of the stop rather than at the time the blood was taken. This can sometimes result in a lower blood alcohol level.

Anyone who has been arrested for DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

Continue reading " Buena Park Man Arrested For DUI After Collision With Police Officer " »

Orange County, California, law enforcement agencies reported 211 driving under the influence arrests over the 4th of July weekend. According to the multiagency DUI task force, this is nearly twice as many DUI arreests as last year. In 2010 there were 108 arrests reported.

The enforcement campaign is known as "Avoid" and involves the CHP, Orange County Sheriff's Department and police departments. The funding for the program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Orange County law enforcement agencies have been aggressively tackling the problem, pushing for more saturation and grants for DUI checkpoints. Officers on foot patrol have also been put in place in an effort to, according to officials, help intoxicated individuals get rides home.

A conviction for DUI can carry long lasting effects on a person’s life and for that reason, it is important for anyone facing a DUI conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced and/or dismissed. A key factor in choosing an attorney is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

Anyone who has been arrested for DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

Continue reading " 211 DUI Arrests Made In Orange County During Fourth of July Weekend " »

In an effort to crackdown on impaired drivers, the Santa Ana Police Department has begun summer/Labor Day campaign, beginning August 19 and continuing through September 3, 2011. Saturation Patrols and DUI Checkpoints will be utilized to apprehend drivers who are driving under the influence of alcohol and/or drugs.

DUI Roving Saturation Patrols and DUI Checkpoints have become new tools in the Orange County Sheriff's Department's efforts to crack down on drunk drivers. However, law enforcement officials believe that roving patrols are more effective than DUI checkpoints because the deputies working the roving patrols are trained specifically to identify impaired or intoxicated drivers and look specifically for signs of impairment. The California Office of Traffic Safety funds these roving patrols.

DUI Checkpoints, also known as, Sobriety Checkpoints, are roadblocks, set up temporarily on public streets, to catch drunk drivers and to cite others for Vehicle Code violations. The police departments conducting these checkpoints must adhere to strict guidelines, which have been established by the Courts. Anyone who is arrested for DUI, at a sobriety checkpoint, should contact an experienced Orange County California DUI attorney to determine whether the checkpoint was conducted according to the guidelines. If the police department conducting the checkpoint did not follow the guidelines properly, the checkpoint is determined to be unlawful and any evidence obtained during the arrest may not be admissible in Court.

The guidelines for conducting a DUI Checkpoint are as follows: 1) The establishment and location of the checkpoints must be decided by supervisory police officers, not officers in the field; 2) Police must use a neutral mathematical formula, such as every driver or every third, fifth, or tenth driver to determine who to stop; 3) Proper lighting, warning signs and signals, and clearly identifiable official vehicles are required; 4) The location chosen must be most effective in actually stopping drunk drivers, such as roads which have a high incidence of alcohol-related accidents and arrests; 5) The time and duration of sobriety checkpoints are also important; 6) High visibility is required so that the drivers can easily see the nature of the roadblock; 7) Each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication; and 8) Sobriety checkpoints must be announced to the public in advance.

The Supreme Court has also stated that motorists who want to avoid a roadblock may do so and not be subjected to being detained merely because they attempted to avoid the roadblock. The motorist must have committed a vehicle code violation or displayed obvious signs of intoxication for there to be probable cause to pull the motorist over.

Anyone who is arrested at a DUI checkpoint in Orange County should contact an experienced Orange County DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

Continue reading " Santa Ana Police Crack Down On DUI Drivers " »

A 21 year old resident of Downey was arrested Friday after striking a motorcyclist and knocking him into another vehicle on Pacific Coast Highway in Huntington Beach. According to authorities, the 21-year-old driver was driving his pick up truck in the bicycle lane, attempting to pass traffic when the accident occurred. The rider of the motorcycle was seriously injured but is expected to survive. The 21-year-old man reportedly fled the scene before police arrived but was found and arrested several miles away.

This young man is facing serious charges of driving under the influence causing injury, possession of marijuana, hit and run causing injury and reckless driving causing injury. While he is a resident of Downey, California, he will need the legal representation of an experienced Orange County, California criminal defense lawyer.

Hiring the right criminal defense attorney in Orange County, California, can be the most important decision a person makes when being accused and/or charged with a criminal matter in the County of Orange.

The following are standard penalties associated with a conviction for driving under the influence or DUI, in Orange County, California:

DUI 1st Offense: Jail time (up to 6 months); fines (up to$1,000.00); community service; probation; DUI School; and driver's license suspension.

DUI 2nd Offense: Jail time (up to a year); fines (up to $1,000.00); community service; probation; DUI School; driver's license suspension; and vehicle impoundment.

DUI 3rd Offense: Jail time (up to a year); fines (up to $2,000.00); community service; probation; DUI School; driver's license suspension; and vehicle impoundment.

In California we have what is called Sentence Enhancements. What this means is that if convicted of DUI, under certain circumstances the Court can impose a greater penalty. Those circumstances include: 1) Prior Convictions - If convicted of a DUI within the last ten years, jail time, DUI school and license suspension periods are increased. Two priors within ten years results in even further penalty increases and if you have three or more, you will be charged with felony DUI; 2) High Blood Alcohol Level: A BAC level of .15 or higher, results in an enhanced sentence; 3) Test Refusall: There are two consequences to refusing to take a chemical test. The amount of jail time is increased and the DMV will impose their administrative suspension of your driving privilege; 4) Speeding and/or Reckless Driving: At the time of arrest, a sentence enhancement will be imposed for 20 mph over the speed limit on a surface street and 30 mph over the limit on a freeway.

In this particular case, this young man is facing not only driving under the influence but also DUI/DWI with injury. This is technically considered a "wobbler" which means it can be filed as either a misdemeanor or felony. However, most prosecutors pursue the charge that carries greater punishment. He also faces the enhancement charge of speeding and/or reckless driving, as well as DUI with injury. An experienced DUI defense attorney should explore the possible defense that the acts of another person or forces beyond the driver's control such as road conditions or weather were the cause of the accident. Accident Reconstruction Experts are often used when this type of defense is being offered.

An experienced DUI Defense Attorney will look closely at the police report and at the conduct of the investigating officers. Specifically, any misconduct or violation of rights must be taken into consideration. Further, if a field sobriety test was performed, and this is what the arrest was based on, it should be challenged due to the fact that field sobriety tests are subjective, basically the opinion of the officer performing the test. If a roadside Breathalyzerr is used, this must also be looked at carefully as the results are unreliable and there are too many ways to skew the results. The law does require that anyone being arrested for suspicion of DUI must take a chemical test. Blood or breath, at the police station, are the two choices. However, there is no legal obligation for anyone to perform a field sobriety test. If a breath test was used at the police station, the maintenance logs of the breath machine need to be examined. If blood was taken, the attorney may want to employ the services of an expert to perform a “Blood Split”, which can help determine the blood alcohol level at the time of the stop rather than at the time the blood was taken. This can sometimes result in a lower blood alcohol level.

It is important for anyone facing a DUI conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced and/or dismissed. A key factor in choosing an attorney is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

Continue reading " DUI Suspect Arrested After Injury Crash In Huntington Beach " »

A 28-year-old man has been charged with felony vehicular manslaughter with gross negligence while intoxicated, and two felony counts of DUI, after losing control and crashing his truck head-on into a concrete bridge abutment in Santa Ana. His friend, who was a passenger in his vehicle, died in the accident. He is also facing sentence enhancements because he has a prior conviction for driving under the influence.

Vehicular Manslaughter, while intoxicated, is a felony punishable up to 10 years in State Prison. However, in certain circumstance, the punishment can be more severe. In California, we have what is known as DUI Sentence Enhancements. This means that a sentence can be increased, depending upon the enhancement(s). Sentence enhancements in DUI cases include, prior convictions, a blood alcohol level of .15 or higher, test refusal and speeding and/or reckless driving.

The crime of Felony DUI falls into three categories: vehicular homicide, manslaughter or second-degree murder. Vehicular homicide is charged when, as a result of ordinary negligence, a death occurs. Manslaughter with gross negligence is charged when the death is the result of criminal negligence. Criminal negligence, as it relates to drunk driving basically means that the individual had the knowledge that their actions were likely to result in death. Second-degree murder can be charged when there is a death and the person who was drinking and driving acted with "implied malice" or a conscious disregard for life. Second-degree murder is not usually charged in a DUI / DWI case because it is difficult to establish implied malice.

However, if the person has prior DUI convictions, the prosecution can use this to establish that the defendant knew the dangers of drunk driving. In Orange County, when a person pleads guilty to DUI, they must admit in court or in writing, that they understand the dangers of drunk driving, this is known as a "Watson Warning". The prosecution can use this as evidence if they decide to prosecute for second-degree murder.

Vehicular manslaughter while intoxicated, with gross negligence can result in the following penalties: UP to 1 year in county jail, or 4,6, or 10 years in state prison. However, with one or more priors, it can be 15 years to life in state prison.

Vehicular manslaughter while intoxicated, without gross negligence caries the penalties of up to 1 year in county jail, or 16 months, 2 or 4 years in state prison.

Fortunately, there are defenses to Felony DUI, or Vehicular Manslaughter While Intoxicated. In this situation, a good Orange County DUI Attorney should look at the possible defenses to vehicular manslaughter. Challenging the validity of the breath or blood test results, as well as challenging police procedures and/or misconduct must always be looked at. Some other defenses to Vehicular Manslaughter while Intoxicated include: Rather than gross negligence, that the defendant acted with regular negligence; that the negligence what not what caused the death. That the acts of another person or forces beyond your control such as road conditions or weather were the cause of the accident and/or death. Accident Reconstruction Experts are often used when this type of defense is being offered.

A conviction for Felony DUI can carry long lasting effects on a person’s life and for that reason, it is important for anyone facing this type of conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced. A key factor in choosing a DUI attorney in Orange County, is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

Anyone who has been arrested for Felony DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

Continue reading " Vehicular Maslaughter Charges Filed After DUI Accident in Santa Ana " »