Driving Under the Influence (DUI) of alcohol or drugs, even prescribed drugs, is illegal in California. If you’ve been charged with impaired driving, you’re probably worried about facing expensive fines, loss of your professional license, and even a lengthy prison sentence.
Fortunately, Los Angeles DUI Attorney can connect you with the resources and representation you need to avoid a serious conviction. A knowledgeable Aliso Viejo DUI lawyer can build a strong defense, protect your rights, and work hard to get your charges reduced or dismissed.
How an Aliso Viejo DUI Lawyer Can Help You
If you’ve been arrested and charged with driving under the influence of alcohol in Aliso Viejo or another city in Orange County, you’ll need a dedicated criminal defense attorney to help with your case. A lawyer can take the following steps to build a robust DUI defense strategy on your behalf:
- Conduct a complete investigation of your arrest
- Review field sobriety testing protocol
- Analyze blood alcohol concentration (BAC) test results
- Challenge the evidence that prosecutors have against you
- Develop an effective DUI defense strategy against your criminal charge
- Represent you during administrative hearings, plea bargain negotiations, and jury trials
- Keep you updated on your case and answer any questions you have throughout the process
When prosecutors see that you have a skilled attorney representing you, they’ll be more likely to offer a fair deal, as they often want to avoid a long legal battle. Reach out to a DUI lawyer in Aliso Viejo today to get the legal assistance you need to protect yourself from a conviction.
The Arrest Process for Drunk Drivers
If law enforcement officers determine you are driving recklessly, erratically, or ignoring traffic signals, they will pull you over for a DUI assessment. You may also be pulled over at a DUI checkpoint.
Once you’ve been pulled over, officers will assess your appearance and behavior, and if they detect signs of intoxication, such as watery eyes, slurred speech, a strong odor of alcohol on your breath, or the presence of alcohol in your vehicle, they will ask you to exit your car for a field sobriety testing.
Officers may ask you to walk a straight line or take a preliminary alcohol screening (PAS) by breathing into a device that measures your blood alcohol content. Based on the results, officers may determine they have probable cause to put you under arrest and take you to the police station for booking or to a hospital if you need medical attention.
Reach Out to an Aliso Viejo DUI Defense Attorney After an Arrest
After an arrest, you have the right to make three phone calls within three hours of the arrest. Use this right to call a DUI attorney in Aliso Viejo. Do not discuss your situation with law enforcement. Wait for your attorney to advise you on what to say or speak on your behalf.
Your lawyer can communicate with police officers, prosecutors, and other involved parties. Having an attorney act as an intermediary between these parties will ensure that you don’t say anything to the authorities that could be used against you in court.
Consequences of a Drunk Driving Conviction
Under California law, drivers aged 21 or older can be charged with DUI with a BAC of .08% or higher. For drivers under 21 years old, California abides by a “no-tolerance” policy. These drivers can face charges with a BAC of .01 or higher.
Drivers of commercial vehicles or vehicles carrying paying passengers can be charged with a BAC of .04% or higher. The penalties for drunk driving depend on several factors, including your history of drunk driving convictions, your age, and whether you refused a breathalyzer, blood, or chemical test.
Basic Penalties
Though the specific punishments will vary depending on those factors, most non-injury-causing drunk driving offenses include some or all of the following:
- License suspension by the California Department of Motor Vehicles (DMV)
- Additional License suspension by the criminal court
- Fines
- Jail time
- Attendance at DUI classes, which can span weeks or months
- Installation of an ignition interlock system
- Probation
Penalties increase for each offense on your criminal record. For example, while first-time offenders may only receive up to six months in jail, third-time offenders can receive sentences of 16 months. Keep in mind that indirect consequences follow as well. You will have to find new means of transportation for yourself and those who depend on you to school or work.
You will also see higher insurance premiums and will have to change your schedule to adjust for increased travel time or attendance in a DUI program. Hire a DUI lawyer from Aliso Viejo to avoid the harsh consequences and inconveniences that come with a conviction.
Special Penalties
Refusing breathalyzer or chemical tests will add “refusal enhancements” to your punishment should you ultimately be convicted of DUI. The enhancements extend your jail or prison time and the duration of your license suspension. The severity of the enhancement increases for each prior offense.
Drivers under the age of 21 in Southern California will receive a one-year license suspension along with any or all of the other penalties. Commercial drivers get a one-year license suspension for a first offense and a lifetime license revocation for subsequent offenses.
Defending Against Drunk Driving Charges
After examining your case thoroughly, an experienced Aliso Viejo DUI attorney will create a defense strategy that suits your unique situation. Though every DUI case is different, your Aliso Viejo DUI lawyer may build one of the following defenses:
Flawed or Misinterpreted BAC Tests
While your body is still absorbing alcohol, your BAC continues to rise. This means that your BAC may rise after your arrest, giving a false BAC for the time you were actually driving. You may have been legally sober while driving, but by the time you took a blood test, the alcohol had been absorbed into your system, giving you a higher BAC.
When you are first pulled over, officers may give you a breathalyzer test. To give accurate readings, these machines must be properly calibrated and maintained. Your lawyer will investigate the date of the most recent calibration to determine if the device was properly maintained.
Medical Conditions
Some medical conditions, such as diabetes, acid reflux, and Gastroesophageal Reflux Disease (GERD), can affect the results of a breathalyzer test.
People with diabetes or who follow a low-carb diet can be in a state of ketoacidosis, which can produce false positives on breath tests. GERD and acid reflux send stomach contents back up the esophagus and into the mouth.
If you have even a small amount of alcohol in your stomach, the alcohol’s vapors can travel to your mouth, affecting the results of your breath test.
Improper Procedure
A DUI lawyer in Aliso Viejo may discover you were pulled over without probable cause or that you were not read your Miranda rights upon arrest. They may also find that law enforcement made errors in implementing field sobriety or breath tests, rendering their respective results void.
Whatever your circumstances, you can trust an experienced criminal defense lawyer to provide you with a customized, powerful defense. They’ll draw on their knowledge of the criminal justice system to make your case as successful as possible.
DUI Charges Require a Strong Strategic Defense
DUI charges are serious. Even misdemeanor charges can cause significant economic loss and upheaval to your life. Do not fight the charges alone or with inferior representation. Instead, rely on Los Angeles DUI Attorney to connect you with legal services in Orange County, Newport Beach, or Aliso Viejo.
We’ll find a skilled Aliso Viejo DUI lawyer with a proven track record of success who can construct the defense your case needs. They’ll offer you a free legal consultation, investigate your case, and work hard to protect your finances, independence, and future.
