A motorist holds his head in guilt next to a failed breathalyzer test. Learn how a DUI attorney in Aliso Viejo can help reduce or drop your charge.
Driving Under the Influence (DUI) of alcohol or drugs, even prescribed drugs, is illegal in California. The court system aggressively prosecutes those facing charges and can implement a range of serious punishments.
If you have been charged with DUI, you need a knowledgeable Aliso Viejo DUI lawyer to build a strong defense, have your charges reduced or dismissed, and ensure your rights are protected.
The DUI Arrest Process
Law enforcement officers may determine you are driving recklessly, erratically, or ignoring traffic signals and pull you over for a DUI assessment. You may also be pulled over at a DUI checkpoint.
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. For example, you may be asked to walk a straight line. They may also ask you to take a preliminary alcohol screening (PAS) by breathing into a device that measures your blood alcohol concentration (BAC).
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.
Call a DUI Attorney in Aliso Viejo
After an arrest, you have the right to three phone calls within three hours of the arrest. Use this right and 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.
What Can Happen if You Are Convicted of Drunk Driving
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 or 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. 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 get them to school, work, or activities. 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.
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 age 21 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, bringing the added penalty of employment loss.
Defending Against Drunk Driving Charges
After examining your case thoroughly, an experienced Aliso Viejo DUI attorney will design the right defense strategy for you. 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. You blow into a device that gives an initial measure of your BAC. However, to give accurate readings, these machines must be properly calibrated and maintained.
Your lawyer will investigate the date of the most recent calibration to potentially reveal an improperly maintained device.
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
Your 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. Further, law enforcement may have made errors in implementing field sobriety or breath tests, rendering their respective results void.
Whatever your circumstances, you can trust your experienced DUI attorney to provide you with a customized, powerful defense.
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.
Contact us today to join forces with a skilled Aliso Viejo DUI attorney who will construct the defense your case needs and work to protect your finances, your independence, and your future.
