Orange County DUI Lawyer Blog

Driving Under the Influence or DUI is considered a serious offense in California and the Prosecution pursues the penalties and punishments seriously. Recent statistics have shown that there are approximately 13,000 DUI arrests in Orange County alone.


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.

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; and4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a "wobbler" charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. 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.

A conviction of DUI carries severe and long lasting effects on a person's life. An experienced DUI defense attorney can help to minimize the consequences of being arrested and charged with driving under the influence.

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. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a "wobbler" charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. 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.

Continue reading " Driving Under the Influence in Orange County, California " »

Several police deparatments in Orange County will be conducting DUI checkpoints and saturation patrols throughout the upcoming holiday period. This will extend through and including New Years Eve.

In Irvine, a checkpoint is scheduled to take place along Culver Drive and Farwell Avenue beginning at 8:00 p.m. Friday. The checkpoint will stay in place until 1:00 a.m. Westminster Police Department will also be conducting a checkpoint on Friday, although the location has not been disclosed. A checkpoint has been planned in Laguna Niguel on December 30th as well.

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.

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DUI with Injury is considered a “wobbler”. Which means it may be filed as either a misdemeanor or a felony, depending upon the nature of the injuries. There is the “broken bone rule.” If the victim involved in the accident suffers a broken bone, the prosecution can and most likely will, file felony, as opposed to misdemeanor, charges. Also taken into consideration are the circumstances of the incident, as well as the criminal history of the accused, paying careful attention to any prior DUI’s.

To be charged with DUI with injury, there has to have been an accident and an injury. In order for the prosecution to charge someone with DUI with injury, there must be: 1) You drove while under the influence of alcohol or drugs; 2) While driving, you broke the law or acted in a negligent manner; and 3) Your unlawful act or negligence caused injury to another person.

Defending against a DUI with injury violation is approached in the same way as defending a DUI. An Orange County DUI defense attorney will explore all possibilities of proving that (1) you weren’t under the influence, and/or (2) that your blood alcohol level was inaccurately reported.

A skilled drunk driving defense attorney will also review all discovery available to ensure that all investigation, arrest, and breath-testing procedures were properly followed.

A Good Criminal Defense Attorney will then begin to look at the accident itself. Just because someone is involved in an accident and alcohol is involved, doesn't mean that the accident was due to intoxication. A good criminal defense lawyer will employ the opinion of an accident reconstruction expert who can independently evaluate whether the accident that caused the injury was the fault of the intoxicated driver.

When evaluating how an accident occurred, it is important to look at the following:

• The weather,

• Road conditions,

• Damage to the vehicles, and

• Any other relevant evidence that is acquired.

This is critical because when police arrive on the scene of an accident and learn that someone has been drinking, they tend automatically to assume that that person is to blame. Police investigators then write their reports based on that presumption.

“This is why DUI with injury charges are often reduced to DUI charges. It is often difficult for the prosecution to prove that it was your negligence that caused the other person’s injury, rather than the alleged fact that you were simply under the influence.”

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In California, if you have a driver’s license, you are obligated to take a chemical, breath or urine test if you are arrested for DUI or DWI. There are consequences to refusing to take a chemical test. However, there are also defenses and anyone who is being charged with DUI and refusing to take a chemical test, should consult with an experienced DUI defense attorney to ensure that the arresting officers followed proper procedure.

To further explain, if you are pulled over and asked to take a roadside breath test, a Preliminary Alcohol Screening Test, otherwise know as a PAS test, under California law, you are not required to take the test. There are a lot of problems with the PAS test and thus, not necessarily the best option. However, if you are arrested for DUI, once you arrive at the police station, you must submit to a breath or blood test. It is recommended that you agree to a breath test, rather than blood. You need only submit to a urine test if you have been arrested for driving under the influence of drugs.

If you refuse to take either test, you are presumed to be under the influence and, along with being charged with DUI, the additional charge of refusing to submit to a chemical test, will be added. This allows the prosecution to enhance the penalties. On a first offense for DUI, you lose your license for 4 months. However, if you refused to submit to a test, you lose your license for one year.

There are strict guidelines as to what a police officer must advise someone who is refusing to take a chemical test. The officer must fill out a Chemical Test Admonition Form and read it, word for word, to the individual. The officer must then properly document the responses. If the police officer has failed to properly document the admonition form, an experienced DUI defense attorney will have a good chance of getting a "No Refusal" outcome, based on the fact that the officer didn't follow guidelines prescribed by law.

If an individual refuses at the scene to take a chemical test and is arrested, once at the police station, that individual can then change his or her mind and agree to a test. If however, the individual refuses to take a blood test and requests a breath test, and the officer refuses to allow the breath test and will only allow a blood test, this is not a refusal. This is an example of improper procedures on the part of the officer. The individual must be given the chance to take the test, and decide which test they are willing to take.

Refusing to take a chemical test if arrested for DUI has harsh punishments. The DMV will suspend your license of one year and if you have a prior, it is a two-year revocation of your driving privilege. Further, unlike a first offense for DUI, if you refuse to take a test, you may not apply for a restricted license.

If you are being charged with refusing to take a chemical test after being arrested for DUI, it is imperative that you hire a DUI Defense Attorney who is familiar with and knows the laws as they relate to refusals as well as the duties required by the arresting officer. Failure to properly follow guidelines and/or properly document the event on the part of the officer can result in a "No Refusal" verdict.

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There are many things that the Court should take into consideration when the prosecution is presenting the results of a field sobriety test. There are a number of things that can affect a person’s performance when being asked to perform a roadside field sobriety test. First, anyone who is pulled over by a police officer, especially late at night, typically is nervous. When asked to perform a field sobriety test, the natural instinct of a person is that they must perform perfectly or they will be arrested for DUI or DWI, even if neither is the actual fact. An experienced Orange County DUI defense attorney knows that the average person reacts to such a stop in similar ways. Other things to consider are: 1) Not only is the person nervous, but, what about the road conditions on which the person is instructed to perform a field sobriety test, as well as they type of shoes being worn. An uneven, and/or rough surface can play a part in how well a person performs a field sobriety test. 2) Some people are just naturally more coordinated than others; 3) A person who is overweight may perform less effectively than an average weight person; 4) Medical conditions can also play a role in how well a person performs. As an example, a person who suffers from balance issues such as vertigo will most likely perform poorly on a field sobriety test.

For the above-mentioned reasons, anyone who has been arrested and/or charged for DUI or DWI, based on the results of a FST, should seek the advice of an experienced DUI Defense Attorney, who has experience in defending driving under the influence charges. An aggressive defense attorney should look carefully for mistakes or failures on the part of the arresting officer, to follow procedures. To be considered is whether or not the officer gave proper instructions that the arrestee could understand. To a police officer, the instructions for a FST are second nature. However, for the average person, it can feel complicated and not clear how the officer expects that person to perform the test.

Field sobriety tests basically measure a person's ability to pay attention and their coordination. Some people are just naturally better able to pay attention and follow instructions and some people are just naturally more coordinated. So, just because a person performs poorly, or less than perfect on a FST does not automatically mean that alcohol is involved. There are many other factors that can be attributed to a poor result.

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In California, you may be charged with misdemeanor hit and run if you: 1) leave the scene of an accident; 2) without first identifying yourself to the other party or parties involved, and 3) another's property was damaged in the accident. Hit and run becomes more serious when charged with DUI, significantly increasing the need for an experienced DUI defense attorney.

There are two types of hit & run offenses in California, misdemeanor and felony. The difference between a misdemeanor hit and run and a felony hit and run is that a misdemeanor deals with property damage whereas the felony charge deals with injury. You may be charged with a felony hit and run if someone other than yourself was injured. Hit and run under the influence cases involve multiple offenses including DUI, leaving the scene of an accident, property damage and/or injury to another, reckless driving and in some cases, death, civil liability, and the possibility of penalty enhancements. Penalty enhancements can occur when there is an excessive blood alcohol level, driving with a revoked of suspended license and prior offenses. A DUI causing injury alone is what is known as a "wobbler", meaning that it can be filed as either a misdemeanor or a felony.

Looking at the charges independent of one another, in order to be convicted of misdemeanor hit and run, the prosecutor must prove that: 1) you were involved in an accident that resulted in another's property being damaged; 2) that you knew an accident had occurred; and 3) that you were involved in the accident where either you knew property was damaged, or that the accident was of such a nature that it was probable that another's property was damaged, and that you failed to perform the duties required when involved in an accident. It becomes a felony if injury or death to another resulted from the accident.

Some defenses to misdemeanor hit and run include: 1) That the only damage sustained was to your car; 2) that you lacked knowledge either about your involvement in the accident or about the damage; and/or 3) that it wasn't you who was involved in the accident. An attorney experienced in defending hit and run cases knows that eyewitness accounts are rarely accurate when remembering the chain of events, which can lead to a person being wrongly accused. Visiting the scene of the accident and exploring the possibility of employing an accident reconstruction expert, are some of the things a good defense attorney should do.

Leaving the scene of an accident due to DUI in a state of panic is a natural survival mechanism. A sort of act of self-preservation that many people experience when involved in a hit and run DUI accident.

In challenging the dui charge, an aggressive California DUI defense attorney will look for possible errors made by the police officers involved. Some things to be considered are lack of probable cause, improper search & seizure, and breath, blood and field sobriety test, which may have been improperly performed.

Because there are so many offenses involved with hit and run DUI cases, it can be extremely overwhelming to face without the help of an attorney who has experience with both hit and run and DUI. The goal of a good attorney will be to have the case dismissed. But, at the very least, looking at the charges independently, getting any felony charges reduced to misdemeanors and getting one or more of the misdemeanor charges dropped, will ensure the best outcome.

Continue reading " Hit & Run DUI Accident Defense in Orange County, California " »