Orange County DUI Lawyer Blog

California's "Implied Consent" DUI Laws

Tue, 24 Jan 2012 15:44:24 -0800

Under California law, anyone lawfully arrested for driving under the influence is required to take a chemical test of his or her blood, breath or urine. This is referred to as the "Implied Consent" law. Refusing to submit to a chemical test has serious consequences with both the DMV and the Courts. As an Orange County DUI Defense Attorney, I have seen many situations where the implied consent law is misunderstood, misrepresented or misinterpreted. While anyone lawfully arrested for DUI is required to submit to a chemical test, not all arrests are made "lawfully".

When a police officer pulls someone over and suspects that the driver is intoxicated or under the influence, the officer may then administer field sobriety tests. What most people don't know is that the roadside, hand-held breathalyzer, the Preliminary Alcohol Screening (PAS) test is considered a field sobriety test and is used to assist the officer in deciding whether or not to arrest the driver for DUI. It is not required that anyone submit to this roadside PAS tests and therefore may be refused without consequences. If however, the officer determines that the driver was driving while intoxicated, and arrests the driver, the driver is then required under the Implied Consent Law to submit to a chemical test of their blood or breath. Urine tests are typically only given when there is reason to believe that the driver is under the influence of drugs and alcohol. If, after arrested, the driver refuses to submit to a chemical test, this is a refusal and is subject to strict consequences with both the DMV and the Courts.

So, what constitutes a "refusal"? There are several situations where this can be confusing. For instance, if you agree to take the roadside, hand-held PAS test, are arrested and then refuse to take the chemical test at the police station, this is considered a refusal. The PAS test is only a tool for the police officer to determine whether or not to arrest you. You are then required to submit to a chemical test to determine what your blood alcohol level is. Also, if at the police station you submit to a chemical breath test and the test comes back lower than the officer anticipated, you may then be asked to submit to a urine test. This would be to determine whether or not you are under the influence of drugs or drugs and alcohol. A refusal to take this second test would constitute a refusal.

Most arresting officers will give you the choice between blood and breath. If however, you request a urine test but the officer does not suspect drugs being involved, the officer can refuse to allow the urine test and require you to take the blood or breath. Refusing to do this constitutes a refusal. Failure to perform the test correctly, not blowing hard enough into the machine or not providing enough urine, can constitute a refusal.

The rule is that you are offered one chance to submit to a chemical test after being arrested. If you refuse but later change your mind, the officer is not required to allow the test. This can then be deemed a refusal.

If you refuse to submit to a chemical test, the DMV and the Court will both take action, independent of each other. The DMV will automatically suspend your license. You have ten days from the date of your arrest to request a DMV hearing, which can postpone the suspension until after the DMV hearing. The only issues that will be taken into consideration at the DMV hearing are: 1) Did the arresting officer have a reasonable belief that you were DUI; 2) Were you lawfully arrested; 3) Did the arresting officer advise you that your license would be suspended for one year or revoked for two or three years, if you refuse to take the test or fail to complete the test; and 4) Did you willfully refuse to submit to or fail to complete a test after the officer asked you to do so.

If you are successful at the DMV hearing, your license will not be suspended. If however you are not, the DMV will suspend your license for one year for a first DUI; Revoke your license for 2 years for a second DUI; and revoke your license for 3 years for a third DUI. The DMV will take action regardless of the outcome at your court hearing.

The District Attorney and the Court have discretion to handle the matter in a few different ways. Because the arrestee refused to take a chemical test, there is no proof of DUI. If the DA believes that the arresting officer is not credible or articulate enough in front of a jury, the District Attorney may decide to reduce or dismiss the charges.

If you were to plead guilty to a reduced charge, but the DMV ruled against you at the DMV hearing, your license suspension still remains in effect. Along that same line, if the DA were to dismiss the refusal charge but requires you to plea guilty to the DUI, the DMV suspension remains in effect. However, if the Court dismisses the charges or the District Attorney decides not to file the case, you may be entitled to a new DMV hearing to try to get the suspension lifted. However, there is no guarantee that the DMV will agree to lift the suspension.

If the DA files DUI charges with the enhancement charge of refusing to submit to a chemical test, and you are found guilty or plead guilty to all charges, the sentence will be as follows:

An additional 48 hours in a county jail for your first DUI and a minimum nine-month California DUI School.

An additional 96 hours in a county jail for your second DUI within ten years

An additional 10 days in a county jail for your third DUI within ten years or an additional 18 days in a county jail for your fourth DUI offense within ten years.

These above penalties are “enhancements” that will be imposed in addition and consecutive to any other DUI sentence imposed by the Court.

There are defenses to DUI refusal charges that an experienced DUI criminal defense lawyer could present on your behalf that could result in a dismissal of the refusal charge. Some of the more common defenses are:

There was no lawful arrest. In other words, the police officer lacked probable cause to stop you or didn't have reasonable cause to believe that you were DUI. An unlawful arrest will result in a dismissal of your DUI and refusal charges. Or, if you were arrested for DUI but the officer didn't see you driving; you were only observed sitting in your parked car. This could result in an unlawful arrest. If an officer arrests you, even though there is no evidence to indicate that you are impaired, this could result in an unlawful arrest.

California law requires that the arresting officer must advise you of the consequences of refusing to submit to a chemical test. If the officer fails to advise you of the consequences of a refusal, the charges will be dismissed.

If you are incapacitated and unable to consent, you may not be charged with a refusal. However, the incapacitation must be due to a medical condition. Neither voluntary intoxication, nor any other self-induced condition will excuse the refusal.

If the refusal admonition was confusing or misleading. If the officer administers the admonition in a confusing or ambiguous way, or advises that a refusal "could" rather than "would" result in an automatic suspension, this could be seen as a justification for a refusal.

Anyone who has been arrested for DUI with a refusal should contact an experienced DUI refusal defense attorney to ensure that your rights have not been violated and that you are given the best defense available.

Arrested For DUI While Not Driving

Fri, 13 Jan 2012 11:54:10 -0800

A man was found drunk and unresponsive in his car in the Las Floras area of Orange County. The car was parked and the engine turned off.

California law is very strict when it comes to driving under the influence. To prove that a person is guilty of DUI in Orange County, and California in general, the prosecution must prove that the defendant drove a vehicle and that he/she was under the influence of alcohol or drugs when he/she drove.

The law makes it pretty clear what constitutes "under the influence", but what about "driving" under the influence. The law defines driver and driving as follows: "A driver is a person who drives or is in actual physical control of a vehicle; and "A person drives a vehicle when he or she intentionally causes it to move by exercising actual physical control over it. The person must cause the vehicle to move, but the movement may be slight."

In the situation here, where the man is found slumped over and unresponsive in his car, will or can he be found guilty of driving under the influence as it applies to Vehicle Code Section 23152(a) and 23152(b). In the well established case of Mercer v. Department of Motor Vehicles, the Supreme Court upheld “decades of case law” holding that the word “drive” when used in a drunk driving statute, requires evidence of a defendant’s volitional movement of a vehicle. They further go on to say that the everyday usage of the phrase “to drive a vehicle,” is understood to mean movement of a vehicle.

However, there are exceptions. If an intoxicated person is stopped near or at an accident scene, or when a vehicle is found protruding into the street. Further, if the driver is seen driving by witnesses prior to being stopped. In these situations, the officer has reasonable cause to believe that the occupant of the stopped car was driving while intoxicated and can then be arrested.

In the Mercer case, the Superior court issued a writ of mandate directing the Department of Motor Vehicles to set aside its order revoking Mercer's driving privilege. The Superior Court held that Mercer had not been lawfully arrested because Mercer was legally parked next to a curb and the arresting officer had not observed volitional movement of the vehicle. Several Courts have held that observed volitional movement of a vehicle is required before a person's driving privilege may be suspended or revolked.

In the Mercer case, the DMV appealed the Superior Court's order and the Court of Appeal reversed and directed the Superior Court to reinstate the revocation order. The Supreme Court then granted review and upheld the Superior Court's order for Writ of Mandate, directing the DMV to once again set aside it's order revoking Mercer's driving privilege.

Anyone who has been arrested for driving under the influence should seek immediate assistance from an experienced DUI Defense Attorney who also has experience in dealing with the Department of Motor Vehicles.

Police Officers must follow procedures when detaining, questioning and arresting someone on suspicion of driving under the influence. It is the job of an aggressive criminal defense attorney to look for mistakes or misconduct when it comes to the actions of a police officer in making an arrest.

DUI Traffic Stop Must Have Reasonable Suspicion

Fri, 06 Jan 2012 09:31:30 -0800

Police officers must have "reasonable suspicion" to pull over a person. Reasonable suspicion that a crime has been or is about to be committed is all that is necessary. However, having been a DUI Defense Lawyer in Orange County for many years has shown me that most stops are based on probable cause such as simple traffic violations and/or reckless driving. If an officer suspects a person is driving under the influence, but the person has not violated any traffic violation, the police officer must have a "reasonable suspicion" before the driver can be pulled over.

Once an officer has pulled an individual over, the officer may ask the individual to step out of the vehicle. If the officer based the stop on reasonable suspicion, he may detain the driver only long enough to confirm or dispel the officer's suspicions. If the stop was based on probable cause, the officer may conduct a more thorough investigation.

A recent Supreme Court decision has upheld the lower standard of "reasonable suspicion" in State vs. Starkey. In that case, Starkey was arrested for driving under the influence of alcohol. The stop was based on the officer's observation/opinion that Starkey was attempting to avoid the police patrol car. Starkey's attorney filed a motion to suppress the evidence on the grounds that the officer lacked reasonable suspicion to stop Starkey. The circuit court granted Starkey's motion and suppressed the evidence. However, the Supreme Court then reversed the circuit court's decision and remanded the case for further proceedings.

In the Starkey case, the officer observed Starkey stopping and waiting until the officer was ahead and then turning. The Officer then turned and followed Starkey. Starkey made several attempts to avoid the officer and ended up going in a circle at which time the officer pulled Starkey over. The Supreme Court ruled that Starkey's actions warranted "reasonable suspicion". It is important to note that none of Starkey's actions were illegal. The sole basis for the stop was the police officer's suspicion. In my view, this is clearly a case in which an appeal was warranted and the Supreme Court's reasoning for it's decision to uphold the "reasonable suspicion" stop was weak at best.

Anyone who has been arrested for driving under the influence needs an experienced criminal defense attorney, specializing in DUI, who is familiar with the law as it relates to police officers and their duty to follow the law when it comes to stops and detention. A police officer that makes a mistake or fails to show "reasonable suspicion" can result in a charge of DUI being dismissed.

Orange County DUI Arrests Over New Year's

Wed, 04 Jan 2012 13:19:20 -0800

The Orange County CHP reported making 70 arrests for drunk driving this New Year's. That number is up significantly from 2011, which reported only 36. As a DUI Defense Attorney practicing in Irvine, California, my experience working with all of the courts in Orange County has shown me that Orange County is one of the strictest when it comes to drinking and driving.

The following are standard penalties associated with a conviction for driving under the influence or DUI, in Orange County, California:

DUI 1st Offense: Jail time (up to 6 months); fines (up to$1,000.00); community service; probation; DUI School; and driver's license suspension.

DUI 2nd Offense: Jail time (up to a year); fines (up to $1,000.00); community service; probation; DUI School; driver's license suspension; and vehicle impoundment.

DUI 3rd Offense: Jail time (up to a year); fines (up to $2,000.00); community service; probation; DUI School; driver's license suspension; and vehicle impoundment.

A conviction for DUI can carry long lasting effects on a person’s life and for that reason, it is important for anyone facing a DUI conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced and/or dismissed. A key factor in choosing an attorney is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

Orange County DUI Arrest, Defenses and Sentencing

Fri, 30 Dec 2011 18:15:43 -0800

Driving Under the Influence or DUI is considered a serious offense in California and the Prosecution pursues the penalties and punishments seriously. Recent statistics have shown that there are approximately 13,000 DUI arrests in Orange County alone.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI's can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a "wobbler" charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced criminal defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor. A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

An experienced DUI Defense Attorney will look closely at the police report and at the conduct of the investigating officers. Specifically, any misconduct or violation of rights must be taken into consideration. Further, if a field sobriety test was performed, and this is what the arrest was based on, it should be challenged due to the fact that field sobriety tests are subjective, basically the opinion of the officer performing the test. If a roadside Breathalyzer is used, this must also be looked at carefully as the results are unreliable and there are too many ways to skew the results. The law does require that anyone being arrested for suspicion of DUI must take a chemical test. Blood or breath, at the police station, are the two choices. However, there is no legal obligation for anyone to perform a field sobriety test. If a breath test was used at the police station, the maintenance logs of the breath machine need to be examined. If blood was taken, the attorney may want to employ the services of an expert to perform a “Blood Split”, which can help determine the blood alcohol level at the time of the stop rather than at the time the blood was taken. This can sometimes result in a lower blood alcohol level.

Anyone who has been arrested for DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

Driving Under the Influence in Orange County, California

Tue, 27 Dec 2011 18:12:59 -0800

A conviction of DUI carries severe and long lasting effects on a person's life. An experienced DUI defense attorney can help to minimize the consequences of being arrested and charged with driving under the influence.

Holiday Weekend DUI Checkpoints in Orange County, California

Fri, 23 Dec 2011 17:40:23 -0800

Several police deparatments in Orange County will be conducting DUI checkpoints and saturation patrols throughout the upcoming holiday period. This will extend through and including New Years Eve.

In Irvine, a checkpoint is scheduled to take place along Culver Drive and Farwell Avenue beginning at 8:00 p.m. Friday. The checkpoint will stay in place until 1:00 a.m. Westminster Police Department will also be conducting a checkpoint on Friday, although the location has not been disclosed. A checkpoint has been planned in Laguna Niguel on December 30th as well.

DUI Roving Saturation Patrols and DUI Checkpoints have become new tools in the Orange County Sheriff's Department's efforts to crack down on drunk drivers. However, law enforcement officials believe that roving patrols are more effective than DUI checkpoints because the deputies working the roving patrols are trained specifically to identify impaired or intoxicated drivers and look specifically for signs of impairment. The California Office of Traffic Safety funds these roving patrols.

DUI Checkpoints, also known as, Sobriety Checkpoints, are roadblocks, set up temporarily on public streets, to catch drunk drivers and to cite others for Vehicle Code violations. The police departments conducting these checkpoints must adhere to strict guidelines, which have been established by the Courts. Anyone who is arrested for DUI, at a sobriety checkpoint, should contact an experienced Orange County California DUI attorney to determine whether the checkpoint was conducted according to the guidelines. If the police department conducting the checkpoint did not follow the guidelines properly, the checkpoint is determined to be unlawful and any evidence obtained during the arrest may not be admissible in Court.

The guidelines for conducting a DUI Checkpoint are as follows: 1) The establishment and location of the checkpoints must be decided by supervisory police officers, not officers in the field; 2) Police must use a neutral mathematical formula, such as every driver or every third, fifth, or tenth driver to determine who to stop; 3) Proper lighting, warning signs and signals, and clearly identifiable official vehicles are required; 4) The location chosen must be most effective in actually stopping drunk drivers, such as roads which have a high incidence of alcohol-related accidents and arrests; 5) The time and duration of sobriety checkpoints are also important; 6) High visibility is required so that the drivers can easily see the nature of the roadblock; 7) Each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication; and 8) Sobriety checkpoints must be announced to the public in advance.

The Supreme Court has also stated that motorists who want to avoid a roadblock may do so and not be subjected to being detained merely because they attempted to avoid the roadblock. The motorist must have committed a vehicle code violation or displayed obvious signs of intoxication for there to be probable cause to pull the motorist over.

Anyone who is arrested at a DUI checkpoint in Orange County should contact an experienced Orange County DUI Criminal Defense Attorney to determine whether or not their Fourth Amendment rights against unreasonable searches and seizures, were violated.

DUI With Injury

Tue, 20 Dec 2011 09:24:40 -0800

DUI with Injury is considered a “wobbler”. Which means it may be filed as either a misdemeanor or a felony, depending upon the nature of the injuries. There is the “broken bone rule.” If the victim involved in the accident suffers a broken bone, the prosecution can and most likely will, file felony, as opposed to misdemeanor, charges. Also taken into consideration are the circumstances of the incident, as well as the criminal history of the accused, paying careful attention to any prior DUI’s.

To be charged with DUI with injury, there has to have been an accident and an injury. In order for the prosecution to charge someone with DUI with injury, there must be: 1) You drove while under the influence of alcohol or drugs; 2) While driving, you broke the law or acted in a negligent manner; and 3) Your unlawful act or negligence caused injury to another person.

Defending against a DUI with injury violation is approached in the same way as defending a DUI. An Orange County DUI defense attorney will explore all possibilities of proving that (1) you weren’t under the influence, and/or (2) that your blood alcohol level was inaccurately reported.

A skilled drunk driving defense attorney will also review all discovery available to ensure that all investigation, arrest, and breath-testing procedures were properly followed.

A Good Criminal Defense Attorney will then begin to look at the accident itself. Just because someone is involved in an accident and alcohol is involved, doesn't mean that the accident was due to intoxication. A good criminal defense lawyer will employ the opinion of an accident reconstruction expert who can independently evaluate whether the accident that caused the injury was the fault of the intoxicated driver.

When evaluating how an accident occurred, it is important to look at the following:

• The weather,

• Road conditions,

• Damage to the vehicles, and

• Any other relevant evidence that is acquired.

This is critical because when police arrive on the scene of an accident and learn that someone has been drinking, they tend automatically to assume that that person is to blame. Police investigators then write their reports based on that presumption.

“This is why DUI with injury charges are often reduced to DUI charges. It is often difficult for the prosecution to prove that it was your negligence that caused the other person’s injury, rather than the alleged fact that you were simply under the influence.”

DUI Chemical Test Refusal In California

Fri, 16 Dec 2011 09:24:40 -0800

In California, if you have a driver’s license, you are obligated to take a chemical, breath or urine test if you are arrested for DUI or DWI. There are consequences to refusing to take a chemical test. However, there are also defenses and anyone who is being charged with DUI and refusing to take a chemical test, should consult with an experienced DUI defense attorney to ensure that the arresting officers followed proper procedure.

To further explain, if you are pulled over and asked to take a roadside breath test, a Preliminary Alcohol Screening Test, otherwise know as a PAS test, under California law, you are not required to take the test. There are a lot of problems with the PAS test and thus, not necessarily the best option. However, if you are arrested for DUI, once you arrive at the police station, you must submit to a breath or blood test. It is recommended that you agree to a breath test, rather than blood. You need only submit to a urine test if you have been arrested for driving under the influence of drugs.

If you refuse to take either test, you are presumed to be under the influence and, along with being charged with DUI, the additional charge of refusing to submit to a chemical test, will be added. This allows the prosecution to enhance the penalties. On a first offense for DUI, you lose your license for 4 months. However, if you refused to submit to a test, you lose your license for one year.

There are strict guidelines as to what a police officer must advise someone who is refusing to take a chemical test. The officer must fill out a Chemical Test Admonition Form and read it, word for word, to the individual. The officer must then properly document the responses. If the police officer has failed to properly document the admonition form, an experienced DUI defense attorney will have a good chance of getting a "No Refusal" outcome, based on the fact that the officer didn't follow guidelines prescribed by law.

If an individual refuses at the scene to take a chemical test and is arrested, once at the police station, that individual can then change his or her mind and agree to a test. If however, the individual refuses to take a blood test and requests a breath test, and the officer refuses to allow the breath test and will only allow a blood test, this is not a refusal. This is an example of improper procedures on the part of the officer. The individual must be given the chance to take the test, and decide which test they are willing to take.

Refusing to take a chemical test if arrested for DUI has harsh punishments. The DMV will suspend your license of one year and if you have a prior, it is a two-year revocation of your driving privilege. Further, unlike a first offense for DUI, if you refuse to take a test, you may not apply for a restricted license.

If you are being charged with refusing to take a chemical test after being arrested for DUI, it is imperative that you hire a DUI Defense Attorney who is familiar with and knows the laws as they relate to refusals as well as the duties required by the arresting officer. Failure to properly follow guidelines and/or properly document the event on the part of the officer can result in a "No Refusal" verdict.

DUI Field Sobriety Tests

Mon, 12 Dec 2011 09:24:40 -0800

There are many things that the Court should take into consideration when the prosecution is presenting the results of a field sobriety test. There are a number of things that can affect a person’s performance when being asked to perform a roadside field sobriety test. First, anyone who is pulled over by a police officer, especially late at night, typically is nervous. When asked to perform a field sobriety test, the natural instinct of a person is that they must perform perfectly or they will be arrested for DUI or DWI, even if neither is the actual fact. An experienced Orange County DUI defense attorney knows that the average person reacts to such a stop in similar ways. Other things to consider are: 1) Not only is the person nervous, but, what about the road conditions on which the person is instructed to perform a field sobriety test, as well as they type of shoes being worn. An uneven, and/or rough surface can play a part in how well a person performs a field sobriety test. 2) Some people are just naturally more coordinated than others; 3) A person who is overweight may perform less effectively than an average weight person; 4) Medical conditions can also play a role in how well a person performs. As an example, a person who suffers from balance issues such as vertigo will most likely perform poorly on a field sobriety test.

For the above-mentioned reasons, anyone who has been arrested and/or charged for DUI or DWI, based on the results of a FST, should seek the advice of an experienced DUI Defense Attorney, who has experience in defending driving under the influence charges. An aggressive defense attorney should look carefully for mistakes or failures on the part of the arresting officer, to follow procedures. To be considered is whether or not the officer gave proper instructions that the arrestee could understand. To a police officer, the instructions for a FST are second nature. However, for the average person, it can feel complicated and not clear how the officer expects that person to perform the test.

Field sobriety tests basically measure a person's ability to pay attention and their coordination. Some people are just naturally better able to pay attention and follow instructions and some people are just naturally more coordinated. So, just because a person performs poorly, or less than perfect on a FST does not automatically mean that alcohol is involved. There are many other factors that can be attributed to a poor result.

Hit & Run DUI Accident Defense in Orange County, California

Thu, 01 Dec 2011 10:49:24 -0800

In California, you may be charged with misdemeanor hit and run if you: 1) leave the scene of an accident; 2) without first identifying yourself to the other party or parties involved, and 3) another's property was damaged in the accident. Hit and run becomes more serious when charged with DUI, significantly increasing the need for an experienced DUI defense attorney.

There are two types of hit & run offenses in California, misdemeanor and felony. The difference between a misdemeanor hit and run and a felony hit and run is that a misdemeanor deals with property damage whereas the felony charge deals with injury. You may be charged with a felony hit and run if someone other than yourself was injured. Hit and run under the influence cases involve multiple offenses including DUI, leaving the scene of an accident, property damage and/or injury to another, reckless driving and in some cases, death, civil liability, and the possibility of penalty enhancements. Penalty enhancements can occur when there is an excessive blood alcohol level, driving with a revoked of suspended license and prior offenses. A DUI causing injury alone is what is known as a "wobbler", meaning that it can be filed as either a misdemeanor or a felony.

Looking at the charges independent of one another, in order to be convicted of misdemeanor hit and run, the prosecutor must prove that: 1) you were involved in an accident that resulted in another's property being damaged; 2) that you knew an accident had occurred; and 3) that you were involved in the accident where either you knew property was damaged, or that the accident was of such a nature that it was probable that another's property was damaged, and that you failed to perform the duties required when involved in an accident. It becomes a felony if injury or death to another resulted from the accident.

Some defenses to misdemeanor hit and run include: 1) That the only damage sustained was to your car; 2) that you lacked knowledge either about your involvement in the accident or about the damage; and/or 3) that it wasn't you who was involved in the accident. An attorney experienced in defending hit and run cases knows that eyewitness accounts are rarely accurate when remembering the chain of events, which can lead to a person being wrongly accused. Visiting the scene of the accident and exploring the possibility of employing an accident reconstruction expert, are some of the things a good defense attorney should do.

Leaving the scene of an accident due to DUI in a state of panic is a natural survival mechanism. A sort of act of self-preservation that many people experience when involved in a hit and run DUI accident.

In challenging the dui charge, an aggressive California DUI defense attorney will look for possible errors made by the police officers involved. Some things to be considered are lack of probable cause, improper search & seizure, and breath, blood and field sobriety test, which may have been improperly performed.

Because there are so many offenses involved with hit and run DUI cases, it can be extremely overwhelming to face without the help of an attorney who has experience with both hit and run and DUI. The goal of a good attorney will be to have the case dismissed. But, at the very least, looking at the charges independently, getting any felony charges reduced to misdemeanors and getting one or more of the misdemeanor charges dropped, will ensure the best outcome.

Expunging Your DUI Conviction in Orange County, California

Wed, 23 Nov 2011 17:06:22 -0800

Anyone who has been convicted of a DUI can have the conviction expunged. The only requirements are that you were placed on probation and that you successfully completed your probation. At the end of the probation period, you can petition for the court to expunge your conviction. If you had an Orange County Criminal Defense attorney represent you on your DUI, then that attorney will most likely handle the expungement as well.

Basically how it works is that once you have completed your probation, your DUI defense attorney will file a petition requesting that the case be expunged. The Judge grants the order and your guilty plea is withdrawn and the case is dismissed.

One of the major benefits of expunging a conviction for driving under the influence in Orange County, California is that your employer or perspective employer can justify your continue employment or new employment, now that the case is dismissed. Further, once your case is expunged, you do not have to disclose on applications that you were ever convicted of a DUI.

Anyone who has a DUI conviction should seek out an experienced criminal defense attorney and have their case expunged and then dismissed.

Recent Changes to California DUI Laws

Wed, 26 Oct 2011 13:25:43 -0800

AB1601 signed into law effective 2012, gives judges discretion to revoke a person's driving privilege for a 10 year period, following a 3rd conviction for DUI within 10 years. As an Orange County DUI Defense Attorney, it is important to understand that the new law affects not only third time offenders but, the effect it has on the current laws that regulate the different options available to multiple offenders. One question is how will the new AB 1601 law conflict with SB 598? SB 598, in effect now, allows a third-time DUI offender to get a restricted license, after a one-year suspension, if an ignition interlock device is installed in their vehicle.

Since this law was introduced in January of 2010, there have been many amended versions which were much more punitive. As we learn more about this new law and the effects it will have on the Department of Motor Vehicles and suspended licenses, it is important to understand that clearly the laws are becoming more severe when it comes to multiple offenders.

According to the California Department of Motor Vehicles, there were about 200,000 DUI convictions in California in the year 2008. Of the total convictions, 9,164 were third-time DUI offenders within 10 years and another 3,200 had four or more DUI offenses. While 9,164 and 3,200 multiple offenders is a high number, it is important to note that less than 5% of those arrested in 2008 were third and fourth offenders. The majority of people arrested for DUI are first time offenders that never repeat the offense again.

As an aggressive DUI defense attorney, my focus is on miimizing the effect a conviction for DUI can have on a person's life and further, focusing on preventing the person from commiting the same offense by introducing alcohol programs in lieu of jail time.

Orange County DUI's are a very common crime but need to be taken very seriously. Without the benefit of an experienced DUI Attorney, fines and penalties can be very harsh. If you or someone you know has been arrested for DUI, it is important to consult with an Orange County Criminal Defense Attorney, who specializes in Driving Under the Influence cases, as well as is familiar with all the the Courts in Orange county.

Orange County Increases Penalties for Drunk Drivers

Tue, 11 Oct 2011 10:57:28 -0800

Westminster is one of many Orange County police departments that has a program requiring drunk drivers involved in a collision to pay for costs related to emergency response.

The Westminster City Counsel recently voted unanimously to clarify the types of situations and costs for which drunk drivers could be billed. Although the City has billed DUI drivers who cause accidents for the last 10 years, they have stuck to the outdated limit of $1,500.00. State law now allows cities to be reimbursed as much as $12,000.00.

The proposed change says that intoxicated drivers can be billed for all costs incurred by the city in responding to the incident. This includes salaries of the police and fire personnel, cost of equipment on scene, the cost of conducting field sobriety tests and costs related to time spent transporting and booking the suspect, conducting chemical test and writing reports.

Other cities in Orange County California that have similar programs include Anaheim, Huntington Beach, Costa Mesa and Los Alamitos. If you have been arrested for a DUI in Orange County, a good Orange County DUI Defense Attorney can help mitigate not only the costs involved but also the ultimate outcome, which can have devastating affects on a person’s life.

Teen Accused of Vehicular Manslaughter While Intoxicated

Tue, 04 Oct 2011 10:14:37 -0800

A 17 year old boy has been arrested in Anaheim, California, and is being accused of driving while intoxicated and hitting and killing two homeless women. This young man is facing serious charges that will effect the rest of his life. An aggressive Orange County California criminal defense attorney can mitigate the ultimate outcome to lessen the effect it will have on his life going forward.

In this case, this young man's sentence exposure depends upon whether he pleads guilty to misdemeanor vehicular manslaughter or felony vehicular manslaughter. Facts that will be taken into consideration are whether or not he has any prior DUI convictions. Prior convictions of DUI can result in a charge of Second Degree Murder due to the fact that the individual knew the dangers of drunk-driving. Another fact to take into consideration is whether or not he committed an additional wrongful act and reckless driving such as speeding and/or running a red light. All of these issues play a role in determining how the case will be filed. Speeding and/or reckless driving can allow the District Attorney to add sentence enhancements to the charges, which makes penalty exposure more serious.

The juvenile justice system is different from the adult justice system. In Orange County Juvenile Court, the focus is on treatment and rehabilitation for the juvenile while the adult justice system focuses on punishment. However, depending upon the charge, a juvenile can be prosecuted as an adult and be subject to the same penalties as an adult. In a situation where a juvenile is tried as an adult, it usually involves crimes of violence. Juveniles 16 or 17, who commit serious felonies, can be tried as an adult. Also, a juvenile 14 or older being charged with murder can be tried as an adult. However, even if a juvenile is tried as an adult, they are still treated different. There are more options in terms of how and where they are prosecuted and how and where they will serve their sentence.

It is extremely important that an experienced Orange County Juvenile Defense Attorney be retained to represent this young man and further that, the attorney be familiar with the Orange County Juvenile Court. Being familiar with the Judges, District Attorneys, Court Clerks and Probation Department, will help facilitate the best possible outcome for your child. The question parents should ask themselves is what do I do to protect my child. Juveniles make mistakes and most have never known, or been exposed to legal consequences. Preserving your child's record, so that their college goals and future employment are not affected negatively should be the goal of a good juvenile criminal defense attorney.