Being charged with driving under the influence (DUI) can be life-altering if it ends in a conviction. In addition to heavy fines, probation, and jail or prison time, you could face a driver’s license suspension, increased insurance rates, and a criminal record.
If you have been charged with driving under the influence, you will greatly benefit from having an Orange County DUI lawyer on your side. The criminal defense lawyers at our law firm have a proven track record of success in DUI cases and will fight aggressively on your behalf.
Our Orange County DUI attorneys represent people in various types of DUI cases. Fighting a DUI charge can be a complicated process, and we are happy to build an effective defense for you. so call or contact us online to schedule your initial consultation with Los Angeles DUI Attorneys. We’re available 24/7.
What to Do if You’re Stopped for an Orange County DUI
Most people who are pulled over for DUI are caught off guard. Perhaps you had a few drinks in a social setting and felt fine (and appeared fine to your friends) when you got in the car. You might not have even broken the law.
However, depending on how you interact with the police, you could still be arrested and convicted of driving under the influence, gaining a criminal record. That is why knowing what to do when you are stopped is critical when it comes to avoiding getting charged with a drunk driving offense.
Remember That Law Enforcement is Not on Your Side
When an Orange County Sheriff’s Deputy or other law enforcement officer stops you, it is because they believe you have committed a crime. Depending on your driving patterns, they may only suspect you of speeding, or they may already be investigating you for DUI.
Even if they appear to be on your side, they are not. They are looking for a reason to arrest you. This is the most important thing to remember when dealing with police at a traffic stop.
Politely Decline to Answer Questions
Never lie to a police officer or sheriff’s deputy. Don’t say you weren’t drinking if you were. Instead, remember that you are not required to respond. You have the option of politely declining to answer the question. The key is politeness; don’t antagonize cops or be disrespectful.
Here are some of the most frequently asked questions and how to respond:
- “Do you know why I pulled you over?”: The officer expects you to say something incriminating. Instead, say, “No, officer, can you tell me?”
- “Have you been drinking today?”: People try to minimize their drinking and say things like, “I had some wine with dinner a couple of hours ago.” Not only does that statement admit to drinking, but it also provides the cop with a timeline that they could use against you. Instead, say, “Officer, I’d prefer not to answer any questions.” “Am I free to leave?”
- “How much have you had to drink?”: This is a provocative question. They didn’t ask if you were drinking; they just wanted to know how much. This is a ruse to get you to admit you drank. You could respond with, “I’m sorry, officer, what makes you think I’ve been drinking?”
Exercise Your Right to Decline Testing Initially
During a traffic stop, police may request that you take a breathalyzer test known as a PAS test. You are not required to take this test unless you are under the age of 21 or are on DUI probation. Politely refuse it.
If you are arrested for DUI, you will be required to take a breath, urine, or blood test, and refusing will result in penalties.
Field sobriety tests (FSTs) are designed to provide officers with additional evidence against you. Taking them will never improve your situation. Even sober people fail these tests regularly, but your failure will be interpreted as proof of DUI. You have the right to decline.
What to Do After a DUI Arrest in Orange County
Getting pulled over on suspicion of DUI can be intimidating and stressful. Stay calm, remember your rights, and avoid self-incrimination when interacting with police officers after a stop.
Here’s what to keep in mind:
- Don’t explain yourself: The police will question you about your refusal to take the PAS or FSTs. You are not required to give a reason. They will have more evidence against you the more you talk. Say, “I prefer not to,” and nothing further.
- Request an Orange County DUI lawyer: Police officers can become aggressive, repetitive, or even bullying when trying to get you to talk. They could also pretend to be on your side. If they continue to question you, tell them you want to speak with a criminal defense lawyer and leave it at that.
Remember that the more you say, the more likely you are to incriminate yourself. Police usually do not read you your Miranda rights until after you have been arrested, but you still have the right to remain silent. Speak as little as possible, and contact a DUI defense attorney at your first opportunity.
How Our Orange County DUI Defense Lawyers Can Help
DUI convictions may carry severe penalties. These often include fines, suspended or revoked driver’s licenses, and jail time. You must seek counsel that will provide you with the kind of comprehensive legal representation you need for your DUI defense case.
Here’s why choosing our Orange County law firm can make a significant difference in your case:
- Experienced DUI defense: Our attorneys handle DUI cases throughout Southern California, bringing a wealth of experience to the table.
- Strategic defense tactics: We employ proven tactics, such as subpoenaing the police, requesting evidence, and questioning the accuracy of breath and field sobriety testing. These DUI strategies aim to minimize evidence against you, increasing the chances of winning your case or reducing the charges.
- Personalized legal representation: When you hire us, you get a dedicated professional who will fight hard to secure a better plea deal, get charges reduced, or win your case outright.
- DMV hearing support: We provide crucial assistance in Department of Motor Vehicle (DMV) administrative hearings to help retain your license. Public defenders often lack the time and resources to offer this level of personalized attention.
- Compassionate legal guidance: DUI cases involve intricate legal processes. Our team ensures you’re not left trying to understand the system on your own, guiding you at every step.
- Staying informed on legal changes: Our attorneys stay abreast of changes in California DUI law through professional associations, ensuring your aggressive defense strategy aligns with the latest legal developments.
When facing the tough penalties of a DUI in Orange County, including mandatory jail time, license suspension, and hefty fines, our criminal defense lawyers stand ready to offer unparalleled legal support tailored to your case. If you’re facing jail time or license suspension, don’t wait to get in touch with our Orange County DUI attorneys, who have decades of experience.
Potential Defense Strategies Our Orange County DUI Lawyers May Use
When facing a DUI charge, it is essential to understand the various DUI defense strategies that can be employed to protect your rights and achieve the best possible outcome. Below, we outline some key DUI defense strategies that our experienced legal team may use in your case:
Challenging the Traffic Stop
One of the primary DUI defense strategies involves questioning the legality of the initial traffic stop. Law enforcement must have a valid reason to pull you over, such as a traffic violation or reasonable suspicion of impaired driving. If it can be proven that the stop was unlawful, any evidence gathered during the stop may be deemed inadmissible.
Questioning Field Sobriety Tests
Officers often use field sobriety tests (FSTs) to determine impairment. However, these tests are highly subjective and can be influenced by various factors, such as the individual’s physical condition, weather, and road conditions.
A DUI defense strategy may involve challenging the reliability and administration of FSTs and highlighting their potential flaws.
Contesting Breathalyzer and Blood Test Results
Breathalyzer and blood tests are commonly used to measure blood alcohol concentration (BAC). DUI defense strategies can include scrutinizing the calibration and maintenance records of the testing devices, as well as the procedures followed during the tests. Any deviation from proper protocol can call into question the accuracy of the results.
Highlighting Medical Conditions
Certain medical conditions can mimic the symptoms of intoxication or affect the results of breathalyzer and blood tests. A robust DUI defense may involve presenting evidence of such conditions, like acid reflux, diabetes, or neurological disorders, which could have influenced the observed impairment or BAC levels.
Examining Officer Conduct
The conduct of the arresting officer can play a crucial role in a DUI defense. Any evidence of misconduct, such as failing to read Miranda rights, using excessive force, or making inappropriate comments, can be used to challenge the validity of the arrest and subsequent evidence.
Presenting Alternative Explanations
In some cases, it may be possible to provide alternative explanations for the behavior or evidence used against you.
For example, fatigue, stress, or the consumption of legal, non-alcoholic substances can sometimes produce similar symptoms to alcohol impairment. A DUI defense strategy may involve presenting these alternatives to create reasonable doubt.
Negotiating Plea Bargains
In some situations, negotiating a plea bargain may be the best DUI defense strategy. This involves reaching an agreement with the prosecution to reduce the charges or penalties in exchange for a guilty plea.
Our team of DUI lawyers in Orange County will assess the strength of the evidence and your specific circumstances to determine if this is a viable option during this difficult time.
Protecting Your Rights Throughout the Process
Above all, our primary DUI defense strategy is to ensure that your rights are protected at every stage of the legal process. This includes providing guidance during police interactions, ensuring fair treatment in court, and advocating for the best possible outcome on your behalf.
By employing these DUI defense strategies, we aim to provide a robust defense tailored to the unique aspects of your case. Our goal is to minimize the impact of a DUI charge on your life and to work toward a favorable resolution.
Investigating DUI Cases in Orange County
It is essential to review all evidence surrounding a DUI charge to mount a robust defense. A few key factors that we will closely examine are as follows:
- The arrest itself: Details surrounding your arrest can provide evidence that can help form a strong defense strategy.
- Field sobriety tests: We can challenge the results of field sobriety tests conducted at the scene.
- Breathalyzer tests: There may be circumstances that can bring breathalyzer tests into question as well.
- Evidence collection methods: We will look into the evidence that law enforcement has gathered and file a motion to suppress any illegally obtained evidence.
We aim to achieve the best possible resolution to your case. We may do this by negotiating a plea deal or presenting evidence that frames the arrest in your favor. Avoiding a conviction is our primary goal.
Navigating DMV Hearings
Following a DUI arrest, your license could be suspended. It is important to have a qualified attorney guide you through the DMV hearing. We can challenge the evidence brought against you and will make the case that your driver’s license should not be suspended.
We have a deep understanding of the DMV hearing process and will work hard to protect your driving privileges.
Refusing to Take a Breathalyzer Test
You may face severe consequences if you refuse to undergo breath testing in California. For one, your license will usually be automatically suspended. Still, it is within your legal rights to refuse a breathalyzer test, and if this is the case, the prosecution may not use your refusal against you in court.
When you refuse a breathalyzer test, your Orange County DUI defense attorney will understand your rights and present you with your options going forward. We will work diligently to construct a robust, evidence-based defense that challenges the prosecution’s case against you.
Blood Alcohol Content Defense
A critical factor in most DUI cases is the defendant’s blood sample results. In California, the legal limit for BAC is 0.08%.
If you register above that, you can be charged with a DUI. However, our DUI defense lawyers are adept at challenging these results and can use them to build a strong defense for you.
Challenging BAC Results
Several factors can contribute to BAC results needing to be more accurate. Below are a few of the most common reasons that BAC results can be challenged:
- Faulty or inaccurate test results: These can occur because of factors like improper calibration or maintenance of the equipment, the technician administering the tests’ qualifications and training, the way it was performed, medical factors, diet, or medications.
- Unreasonable search and seizure: The Fourth Amendment of the U.S. Constitution protects people from unreasonable search and seizure and may be invoked when challenging evidence. Our attorneys often identify procedural concerns surrounding an arrest.
- Timing issues: Sometimes, a rising BAC defense is appropriate if a driver consumes an alcoholic beverage just before driving. This situation could cause a rise in the driver’s blood alcohol level when the test was administered, even if the level of blood alcohol was below the limit while driving.
Your DUI attorney in Orange County understands the intricacies of challenging BAC results and can use their experience and knowledge to build a defense strategy for you.
A criminal charge does not always mean a conviction, especially with the right legal team at your side. To safeguard your driving privileges, attorney Michael Simmrin is here to help.
Challenging Field Sobriety Tests
These notoriously unreliable tests can even be impossible for sober individuals to perform. An experienced attorney will challenge the results in an effort to have the evidence dismissed. An experienced attorney will review the details of your field sobriety test to look for evidence to support your defense.
Building a Defense Strategy Tailored to Your Circumstances
Our Southern California criminal defense attorneys have extensive experience fighting felony DUIs. These carry harsh penalties and can often include hefty prison sentences. It is crucial to have an attorney by your side who will aggressively defend felony DUI cases.
After reviewing the evidence against you, we will challenge the prosecution’s weakest points and work to build a strong legal defense based on the specifics of your case.
We Take Communication Seriously
Each client is unique. Because of this, we take the time to understand your needs and goals so that we can appropriately personalize each step of the process. Communicating with you allows us to understand the best way to defend you.
Our Orange County DUI attorneys are ready to answer questions you may have to address concerns and ideas you may have about your DUI case.
We strive to use the resources and methods at our disposal to have your case dismissed or to negotiate another resolution that benefits you. We work hard to minimize the consequences you may be facing after a criminal offense after driving under the influence of drugs or alcohol.
Contact an Experienced Lawyer in Orange County Today for a Free Consultation
If you’ve been accused of driving under the influence of alcohol or drugs, you need an experienced Orange County DUI lawyer who has successfully defended clients facing such charges. The attorneys on our team have a deep understanding of DUI laws, the local courts, judges, and prosecutors.
Whether you are facing misdemeanor or felony charges, we are here to help with any and all legal matters. Contact Attorney Michael Simmrin at Los Angeles DUI Attorney today for personalized representation and compelling legal arguments tailored to your case. We offer for potential criminal defense clients, so don’t hesitate to get in touch.
