Defending a DUI in Orange County is a specialized field of law, which requires an experienced defense lawyer. Understanding the science associated with blood alcohol testing, as well as understanding evidentiary law, combined with criminal and constitutional law, is of key importance when defending someone who has been charged with driving under the influence. Equally as important, is understanding the rules and guidelines that the Orange County law enforcement agencies must adhere to when stopping and ultimately arresting someone.
An attorney who possesses these qualifications will have a good understanding of how to uncover the weaknesses in the evidence and in the prosecution’s case. Every arrest and every DUI case is different, but an aggressive DUI defense lawyer will always strive to minimize the impact that a DUI has on a person’s life, in every case. The focus should always be to attempt to reduce the charges or have them dropped altogether.
While some DUI cases are fairly simple and straightforward, there are those that are more complicated and require review and examination by a good DUI defense attorney in order to determine what, if anything can be done to minimize the negative impact that the arrest, and potential conviction, may bring.
California DUI laws are strict and Orange County specifically, has a very low tolerance for those individuals who have been arrested for DUI. The consequences for a conviction may include jail time, loss of your driving privilege, expensive fees and fines and court ordered DUI school or classes. Depending upon the circumstances of your arrest, blood alcohol level, and your past history, the severity of the consequences increases with the severity of the circumstances.
Contrary to what most people believe, there are defenses to DUI. Your attorney must peal back and analyze all layers, starting with the initial stop. It must first be determined if the stop was legal. Did they have probable cause or reasonable suspicion to make the stop? This is a very key point because the law requires that there be a good reason for an officer to pull someone over. If it can be determined and proved that the stop was not legal, then anything else after that is not admissible and therefore the case dismissed.
The field sobriety test is one of the key tools that an officer will use. But, this is a subjective test, which alone by itself cannot determine intoxication. This is something an officer uses to help him determine whether or not to precede with the investigation. Some people will perform very well when being administered the field sobriety test and others, whether they have been drinking or not, will perform poorly. Further, there are guidelines as to how the field sobriety test should be give. Often times, these tests are given incorrectly.
The roadside Breathalyzer is another tool used when an officer is trying to determine whether or not the driver has been drinking. The problem with this roadside, handheld breathalyzers is that, if they have not been properly calibrated and/or maintained, can result in a false reading. For this reason, the attorney, making sure that the machine has been properly maintained, should always examine the calibration and maintenance logs.
There are other things to consider like, if a blood sample was given, what is the timeline. When did you start drinking and when did you have your last drink. What had you had to drink and eat, when did you start driving and what time was the blood draw. All of these details must be carefully looked at because it can determine what your true blood alcohol level was at the actual time of driving.
The ultimate outcome of the case rests on the evidence, which is why it is so important to hire an experienced DUI defense attorney who will take the time to look at everything in an effort to find the weaknesses in the case.