Many people arrested for driving under the influence (DUI) assume that their case is hopeless because the evidence against them is solid. However, police officers can make errors, administer tests incorrectly, or mess up investigations.
Now is the time to seek legal representation to protect your rights. An experienced DUI lawyer serving Anaheim can develop a defense strategy to win client cases.
At Los Angeles DUI Lawyer, we connect you with an experienced DUI attorney who’s ready to take your case. We have decades of experience matching up people in need with the right lawyer. Call us today to learn more about DUI laws and how we can help.
Penalties for Anaheim DUIs
DUI penalties in Southern California can be harsh. Depending on the unique details of your case, penalties may include:
- Jail time
- Time in a state prison facility
- Thousands of dollars in fines
- A set number of community service hours
- A drug or alcohol rehabilitation program
- License suspension
- Have driving privileges severely restricted, only allowing for travel to work and home
- Higher insurance premiums
A DUI attorney serving Anaheim can explain how California DUI laws impact your case.
Aggravating Factors
The extent of the penalties you are facing will depend on several factors, including:
- Whether you have previously been charged with or convicted of drunk driving or a DUI-related offense
- Whether a child was involved
- The location where you were stopped
- How much your blood alcohol content (BAC) exceeded the legal limit by
- Whether there was a firearm or other weapons in the vehicle
- Whether there were drugs in the vehicle
These aggravating factors can determine the extent of the DUI charges against you and the potential penalties you face. DUI plea bargain with the state’s prosecuting attorney. A criminal defense attorney can assess the aggravating factors in your case.
Evidence That Can Be Used Against You in an Anaheim DUI Case
Law enforcement will make DUI evidence seem impenetrable and unquestionable, but this is rarely true. Experienced attorneys serving Anaheim and the greater Orange County area are trained to use this evidence to seek weak spots.
Some of the main types of evidence used against you in DUI cases will be:
How You Were Driving
A DUI that results from being pulled over typically starts with a police officer noticing unusual or reckless driving, such as drifting into other lanes or weaving back and forth. The officer will decide to perform a traffic stop.
Your Behavior
Police officers in Orange County are trained to look for indications that a driver is intoxicated, and your case will be no exception.
Once they pull you over, they will look for signs like:
- Watery or bloodshot eyes
- Smelling like alcohol
- Falling over
- Slurred speech
- Trembling hands
- Fumbling with your keys
- Slow verbal responses to questions
While some of these can be more evident signs of intoxication, others could result from innocent factors like nervousness at being pulled over.
Results of Field Sobriety Tests
There are several standard field sobriety tests (SFSTs) that an officer may ask you to perform after being pulled over. These tests are meant to evaluate if you are acting intoxicated or not.
Examples of field sobriety tests could be walking along a line, standing on one leg, or saying the alphabet backward. You can legally refuse to perform a field sobriety test in Orange County.
Blood or Breath Test Results
Many authorities treat breath and blood tests as key DUI evidence, but they are not. These roadside tests can often be unreliable, especially the breathalyzer tests, compared with post-arrest tests at a police station or hospital.
In California, a police officer will usually administer a breath or blood test to detect your blood alcohol concentration level. Urine tests are only utilized if the first two are not available.
Incriminating Statements
Anything you say after being pulled over for a DUI can be used against you. Police officers will try to get you to admit to drinking and may ask questions like, “How many drinks have you had?”
It is always best to be polite to police officers without offering any information that could incriminate you. Officers do not have to read your rights until you have been arrested. However, they can still use anything you said, even before they told you those rights, against you.
Charges for Driving Under the Influence of Drugs
DUI laws for Anaheim apply to driving while under the influence of marijuana or other drugs, both legal (prescription drugs) and illegal, and alcohol.
Even recreational drugs that are legal in California, such as marijuana, count if they are considered impairments to driving ability. However, the evaluation of drug DUIs is different from that of alcohol.
There is a legal threshold for alcohol DUI. If you have a blood alcohol level of 0.08% or higher, you are considered impaired. With drugs, however, the research is not solid enough to have a clear threshold, and different drugs can vary in their strengths.
Some details to know about the drug DUI charges you may be facing are:
- Any amount of drugs in your system while driving can count as a DUI.
- The potential consequences for a DUI arrest involving drugs are the same as for a regular DUI in California, except there is no license suspension right away. If convicted, you will face a license suspension.
- You might be charged with additional drug possession and other DUI charges. This is only if the police find drugs on you or see you throwing away drugs. Even a blood or urine test does not determine possession.
- Prescription medications and over-the-counter drugs may lead to a drug DUI. It comes down to whether you were impaired. Drugs like Benadryl or prescription pain relievers that cause drowsiness can count as impairment.
What a DUI Lawyer Serving Anaheim Can Do for Your DUI Case
DUI attorneys who take cases in Anaheim can investigate the circumstances surrounding your charges and explain California DUI laws. Your criminal defense lawyer can:
- Gather evidence
- Examine witness testimonies
- Prepare you for a DMV hearing
- Represent you at a DMV hearing
- Analyze the prosecutor’s case against their client
- Review search and seizure
- Review and drug testing procedures
- Assess audio and video evidence and look for discrepancies
With the right DUI lawyers serving Anaheim, you can attempt plea negotiations with the prosecutor. Potential defenses are created to get your bail, charges, or sentences reduced or dismissed. If an agreement is not reached, our criminal defense attorneys can take your case to trial and represent you there.
Avoid a DUI Trial and Consider Pretrial Intervention
There are specific situations where going to trial should be avoided at all costs. This is particularly true if the criminal penalties and collateral consequences of a conviction are likely to hurt your life.
If this is your first time being charged with drunk driving, a DUI lawyer serving Anaheim, CA, could help you be considered for a pretrial diversion program.
Pretrial Diversion
You can avoid going to jail and dealing with some of the more severe consequences of a guilty verdict. However, not everyone will qualify. Generally, pretrial diversion is only available for individuals facing their first offense.
If anyone were injured or killed due to your alleged drunk driving, you would also be disqualified. A criminal defense lawyer can determine if you qualify. Once you enter a pretrial diversion program, there are specific requirements you must be prepared to follow, such as:
- Undergo random drug or alcohol testing
- Meet regularly with a probation officer
- Abstain from drug or alcohol use
- Install an ignition interlock device (IID)
- Attend DUI school
- Attend group therapy
- Obtain gainful employment
- Follow housing restrictions
If you cannot fulfill the terms of your pretrial diversion program, you can expect the district attorney to proceed with the original DUI charges against you.
Defenses Your DUI Lawyer Can Make in Your Favor
Some loopholes create legal issues within the prosecutor’s case. Your DUI attorney serving Anaheim can make any of the following defenses to prove your innocence or lessen your DUI charges:
- The arrest occurred during an unlawful police stop.
- Outside factors affected your field sobriety test.
- The chemical test was administered incorrectly.
- The blood alcohol content test was inaccurate.
- The law enforcement officer did not inform you of your rights.
- The tests performed by police officers, such as driving patterns, do not truly prove drunkenness.
- Officers aren’t always reliable when reporting behavior.
Get Connected With a DUI Lawyer Serving Anaheim Today
If you are facing criminal charges for impaired driving, an experienced criminal defense attorney handling cases in Anaheim can assess your case. Do not give up hope until you have spoken with a legal professional who knows how DUI cases work.
To get connected with a DUI defense law firm, give Los Angeles DUI Lawyer a call today or fill out our online contact form. Contact us right away for a free consultation. Secure legal counsel today.
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