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Newport Beach DUI Lawyers

1. Coffey & Coffey: There are several methods law enforcement uses to gather DUI evidence. They are described below. Driving Signs: The first thing that catches an officer's eye is the moving vehicle. They notice how you are driving and begin to follow. They are looking for driving signs that would indicate intoxication. These signs may include unsafe lane changes, erratic driving, weaving, lane straddling, and unsafe turning. Personal Appearance: The second thing the officer notices is the personal appearance and behavior of the driver. An officer will be looking for signs of intoxication as they approach the vehicle. Some of the signs they will be looking for include slurred speech, bloodshot eyes, flushed face, smell of alcohol on the breath. Additionally, the officer will pay close attention to any physical actions that may suggest intoxication. These may include having difficulty getting out of the car, fumbling with your wallet, difficultly following directions, swaying, falling down, holding onto the care for support, disheveled appearance, and urinated on one's self. Both of these are evidence the officer will include in their written report. These first two items are so common with driving under the influence suspects, that the officer may include them in their written report even if they did not actually witness them. Field Sobriety Test: The officer may administer a field sobriety test, also known as an FST. This is a physical agility test used to assist the officer in deciding about a driver's intoxication. This is an optional test and the driver does not have to submit to taking a FST. However, the law enforcement officer is not required to tell you this at this point in their investigation. There is no legal ramification for refusing to take a field sobriety test. The results of a field sobriety test are also written into the officer's report. Preliminary Alcohol Screen Test: There is a preliminary alcohol screen test (PAS), which is used by law enforcement to give an indication of a driver's blood alcohol level. It is a small handheld device used by an officer to help them with the decision to make an arrest or not. The officer administers a PAS test at the time someone is pulled over for suspected drunk driving. You have the right to refuse to take a PAS test if you are over 21, however, the officer may not have been required to inform you that it is not a mandatory test. It is possible someone would submit to both the PAS test and a chemical test. There is no legal ramification for refusing to take a PAS test unless you are under the age of 21, then you must submit to the test. Chemical Tests: In Orange County, as well as all of California, chemical tests refer to breath or blood tests. If no blood or breath samples are available, then a urinalysis can be used. In addition, a urinalysis can be used if the driver has a medical condition such as hemophilia or a heart condition requiring an anticoagulant and is under the direction of a licensed physician. If you refuse to submit to a chemical test, your license will be suspended. This test is mandatory for all licensed drivers whether over or under 21. In California, motorists are required to submit to a chemical test under the implied consent law if they are arrested for driving under the influence. Your Incriminating Statements: Lastly, the officer may gather evidence from what you say. When originally pulled over, the officer is conducting an investigation to determine if there will be an arrest. Therefore, the officer is allowed to ask incriminating questions and they can be used in court. Since no arrest has occurred, there is no violation of your Miranda rights. Once an arrest has been made, anything incriminating you say may not be used in court. Additionally, refusing to take a chemical (blood or breath) test can be used in court as incriminating evidence, implying awareness of your guilt.
2. Wilkerson & Associates: In a DUI case: * examine the probable cause for the stop * review results of field sobriety or BAC tests administered * research the reliability of testing equipment and lab procedures * challenge the legality of the charge as it relates to driving
3. Fred Thiagarajah: In California, DUI stands for Driving Under the Influence. In other states, they use the term "DWI" which stands for "Driving While Intoxicated." There is no difference between these two terms. Currently, in California, there are actually TWO laws that are related to drinking and driving. The first law California Vehicle Code section 23152(a) states that you cannot drive while under the influence of alcohol and/or drugs. The second law California Vehicle Code section 23152(b) states that you cannot drive while their blood alcohol is .08% or higher. If you get arrested for drinking and driving, you are usually charged with violating both of these laws. If you're arrested for driving under the influence of drugs only, then you are only charged with violating the first law. When lawyers and judges talk about DUI, they usually refer to both laws at the same time. DUIs are normally charged as misdemeanor offenses. However, there are three situations where the District Attorneys Office will charge a DUI as a felony: 1. If there was an accident where someone was seriously injured or killed; 2. If this is your fourth DUI within the last 10 years; 3. If you have already been convicted of a felony DUI within the last 10 years. Penalties for a DUI vary widely depending upon the county youre in and the circumstances of your particular DUI. Normally, a person will receive the following types of penalties: Probation Jail Time Fines and/or Fees DUI program Driver's License Suspension or Restriction Ignition Interlock Device (for multiple DUIs usually) The penalties for each of these categories can rise if certain aggravating factors are present, such as: Prior DUI Refusal to complete a chemical test High blood alcohol level Driver under 21 Passengers under 14 Accident Reckless driving and/or excessive speeding However, in some counties, you can get your charge reduced if you're blood alcohol level is close to the legal limit. These reductions require negotiations with the District Attorney's office. It's important to contact an attorney in order to evaluate all your options. In more aggressive counties, it's even possible to charged with a DUI if you're blood alcohol level was under .08%. As mentioned above, there are two DUI laws. You can be charged with the first law -- driving "under the influence of alcohol" -- regardless of your blood alcohol level. In most counties, you will be arrested if your blood alcohol level is .07% and you may even be arrested if your blood alcohol level was . 05% or .06% AND there was really bad driving and/or an accident. By law, you are presumed to be not "under the influence" if your blood alcohol level was .04% or less. However, if you are arrested for driving with a blood alcohol level less than .08%, a good attorney can get the charges reduced and sometimes, get the charges dismissed.
4. Rann Law Firm: There is no safe way to drive while under the influence. Even one drink can make you an unsafe driver. Drinking affects your BLOOD ALCOHOL CONCENTRATION (BAC). It is illegal to drive with a BAC of .08% or more (.04% or more if you drive commercial vehicles or .01% or more if under 21). Even a BAC below .08% does not mean that it is safe or legal to drive.
5. Daniel Grupenhagen: The charge of driving under the influence, or DUI, sometimes called DWI, usually consists of two charges: VC 23152(a), and VC 23152(b). The difference between them is that one applies when driving is impaired by alcohol and/or drugs, and the other applies when driving occurs when your blood alcohol content is over .08. The similarity among them is that they both carry a maximum of $1,000 fine and/or 1 year in jail for a first offense. See the penalties outlined below for a more complete statement of DUI penalties. If you are convicted of either charge, it counts as two points against your negligent operator count at the DMV. As of 2005, conviction for DUI is "priorable" for the next ten years. If you are arrested again for a DUI within that time, it will count as a second offense requiring mandatory jail time and a license suspension for one year. If you are caught driving while your license is suspended for a DUI in Orange County, the mandatory minimum jail term is 10 days.
6. Bassiri & Associates: Dos & Don'ts: When You Get Arrested

   Dos & Don'ts: When You Get Arrested

   The Dos Do be polite and as courteous as possible to the police. Do not give them any reason to find you threatening. Do not give them the impression that you are hard to deal with or irritating. Do ask for the police officer's name and badge number, or read it off of his or her badge. Try to remember it. Try to get a good look at the officer's face so that you can identify him or her later by that method, if necessary. Do, if you are arrested in your car, show the police officer your driver's license and registration information. In other situations, such as when you are stopped while walking down the street, you cannot be arrested for the sole reason of refusing to provide information, including your name and address, to the police. Do, if you are taken into custody, demand the right to have an attorney present before speaking to the police. Do ask if you are under arrest. If you are, you have the right to be told why. Do clearly inform the police that you will not speak to them about anything without an attorney being present. Do, as soon as you can, write down everything that happened during the course of your arrest so that you can use that writing to refresh your memory at a later date. Do, if you are physically injured by the police during the course of your arrest, seek medical attention and inform your medical providers of the cause of your injuries. Take photographs of your injuries as soon as possible. Do remember that you do not need to answer ANY question that the police ask of you. If you answer a question which at first seems harmless, be aware that it may later come back to haunt you. The Don'ts Don't offer information to the police, no matter what tactics they use. Don't assume that the police have a search warrant just because they say that they do. If they say they have a search warrant, ask to see it. Don't get into an argument with the police, no matter how hard they may try to bait you into losing your temper. Don't initiate physical contact with the police, even if you mean them no harm. Don't place your hands where the police cannot see them. Don't run away from a police officer if you see one (or more) approaching you. Running away may give the police reason to suspect that you are hiding something from them, even if you are totally innocent. Don't interfere with or obstruct the police. If you do, you can face additional criminal charges. Don't resist arrest. Even if you think you are innocent, the time to protest comes later. If you resist arrest, you may face additional charges. Don't allow the police to listen in on any telephone call that you make to your lawyer once you have been arrested. While the police may listen in on conversations to other individuals, they cannot listen to a conversation with your lawyer because it is protected by the attorney-client privilege. Don't speak to the police about anything before you attorney arrives and talks to you first. Don't provide the police with any information other than your name and address if you are arrested unless your attorney is present and approves. Don't sign anything, no matter what it is, without an attorney being present. Don't say anything if your attorney instructs that you remain silent. Let your attorney do the talking for you, no matter how hard it may be to resist the urge to speak. Don't agree to participate in a line-up without your attorney being present. Don't lie to your attorney, or to the police if you chose to talk to them.