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Orange (County) DUI Lawyers

1. Traffic Ticket Pros: Driving Under the Influence No doubt you know that driving while under the influence (DUI) of either drugs or alcohol is dangerous and can have serious consequences. Driving while under the influence, or while intoxicated, can severely impair your judgment and slow your reaction times, making you several times more likely to crash your car and either hurt yourself or seriously injure someone else. If that risk is not enough to scare you into making certain you are sober when you get behind the wheel of a car, consider the fact that being arrested and convicted of driving under the influence can have big and far-reaching legal consequences. If you have been arrested for DUI, you need a serious traffic attorney to fight for you. Consequences of a DUI Unlike many other traffic violations, DUI arrests and convictions can appear on your criminal record. An experienced traffic attorney can tell you that depending on the case, a DUI can be either a misdemeanor or a felony criminal offense. If you were stopped by a law enforcement official on suspicion of DUI, had not crashed or caused any damage and had no prior DUI arrests, you may be charged with a misdemeanor and find your driving privileges suspended and be placed on probation. You would also most likely have to pay considerable fines and court fees related to your case, may be required to do community service, and/or be required to take alcohol or substance abuse education classes. If, on the other hand, you managed to cause property damage or serious injury while driving under the influence of alcohol or drugs, or have a history of DUI arrests or problems, you could be facing felony criminal charges and potential jail time, in addition to having your license suspended or revoked and paying heavy court fees and fines. With so much on the line, you need an experienced traffic attorney on your side fighting to keep your record clean. What You Dont Know What many people donÕt know about being charged with a DUI is that tiny technicalities can make a big difference in helping you win your case. Your traffic attorney might be able to help you fight your DUI charge if the arresting officer didnÕt follow proper procedures during your arrest and even breath or blood analysis tests results are often proven wrong. You also need an experienced traffic attorney to help you fight your DUI charge because aside from the criminal proceedings related to your case, there are also DMV hearings that must be attended to. In the state of California, every DUI charge is accompanied by a DMV hearing that will determine whether or not you get to keep your driving privileges until your criminal case has been decided. In California, the DMV is a separate entity than the courts, and even if you are found not guilty in court, your license can still be suspended or revoked at the DMV hearing. Traffic attorneys know that from the time you get arrested for DUI, you have just 10 days to schedule a DMV hearing, or your driverÕs license will automatically be suspended or revoked. Your traffic attorney can fight for you by presenting evidence and arguments as to why you should be able to keep driving. DMV hearings can be complicated, but donÕt let yourself be intimidated. Hiring an experienced traffic attorney to help fight your DUI charges will give you the confidence and peace of mind you need to get through the process.
2. O'Connell, Dennis: Murder Gang Cases Arson Rape Child Molest Child Abuse Theft Robbery Check Fraud White Collar Crime - Major Fraud Drunk Driving Juvenile Criminal Matters Possession and Sale of Drugs Manufacturing of Drugs Drivers License Violations Domestic Violence Burglary
3. Lloyd, Andrew: Your rights as a criminal defendant: You do not have to answer any questions at any time. Anything that you say can be used against you in court. You are entitled to have your attorney present when anyone asks you any questions about your case. You should talk to your lawyer even before you talk to a doctor, psychologist, or psychiatrist about your case. You are entitled to an attorney of your choosing for all interviews and court proceedings. If you cannot afford a private lawyer of your own, the court will appoint the Public Defender for you. Do not talk to anyone other than your lawyer about your case without your attorney's prior consent. If you are in custody speak only to your lawyer in the attorney-client conference room or in Confidential Legal Mail. All telephone calls, visits, and mail to your family and friends are monitored and recorded by the Sheriff. Other inmates may be informants and use your information to help them in their case, and the intercoms in the cells are used for recording conversations between inmates. If you have been charged with a sex crime and are in custody, for your own safety, do not tell other inmates what you have been charged with.
4. Behrndt, William: Family Law Divorce Adoption Domestic Violence Child Custody Child Support Alimony or Spousal Support Visitation Property Division Dependence Court Juvenile Actions Child/Elder Abuse General Litigation Criminal Defense
5. Parker Law Center: A DUI in Southern California, whether in Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, or Ventura County, can lead to a suspension or revocation of your California driverÕs license for a minimum of four months, even if the DUI is the first and only black mark on your driving record. Typically, the officer who arrests you for the Southern California DUI, whether in Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, or Ventura County, will confiscate your California driverÕs license and issue a notice that your driverÕs license has been revoked or suspended. This pink piece of paper will serve as your temporary license for a 30 day period. During this grace period, you can continue driving, as long as you have a valid California license. But after these 30 days elapse, an automatic suspension goes into effectÉ unless you fight back first! To stop the suspension process, you must contact a Driver Safety Office near you and request an Administrative Per Se (APS) hearing.
6. Barnett, John: criminal defense
7. Dane, Joe: In California, drunk driving can be charged under two separate, but related sections in the Vehicle Code. Section 23152(b) is the charge for driving with a blood alcohol level equal to or above 0.08%. Even if a person is driving perfectly Ð no weaving, speeding or other violations of the Vehicle Code, they can still be charged with DUI under this section. The prosecution must prove that you were doing two things: 1) driving and 2) had a blood alcohol at the time of 0.08% or above. ThatÕs it. Of course, there can still be a valid defense to a charge of DUI under 23152(b). Without Òbad driving,Ó the prosecution must still be able to justify the validity of the traffic stop that led the detection of alcohol. If the underlying traffic stop was invalid, any evidence including the officerÕs observations and the chemical test will be excluded from evidence, leaving the prosecution no choice but to dismiss the case. The blood alcohol test must be valid, both scientifically and legally. By scientifically, I mean the results must be reached using the appropriate collection methods, testing methods and analysis. The devices used to measure alcohol on your breath must meet certain calibration and testing standards to be valid. A blood sample must have been obtained in the proper manner and analyzed correctly to be valid and admissible. If you gave a blood sample after your arrest for DUI, you are entitled to have your blood sample retested by an independent laboratory to verify whether or not the governmentÕs results are accurate or not. The results must be valid legally, too. By that, I mean that there are certain specific procedures that must be done by the arresting officer in order to make the blood alcohol results admissible. You must be given your choice of test. You must be given an opportunity to have a sample of your blood preserved for retesting if you choose. The testing must be done in a certain manner to comply with the law. With all the specific requirements, often things are overlooked. DonÕt assume that because you were told your blood alcohol was above the 0.08% limit that you have to plead guilty. Have your case evaluated by an experienced defense attorney. I have previously talked about how the blood alcohol level measured by the government may not be accurate. Because the blood alcohol level relied upon by the prosecution only measures your alcohol level at the time of the test, what else can affect your reading and may be a valid defense? Just like alcohol is Òburned offÓ by your body, it also absorbs into your system over a period of time. If you have an alcoholic drink, it does not immediately enter your system and show up in your blood alcohol level right away. It takes time for your stomach and intestines to absorb the alcohol and for it to enter your bloodstream. Alcohol consumed right before driving may not be in your system right away. So what if you had alcohol in your stomach, but not in your blood at the time of driving? By the time you are arrested and processed by the police, then a blood alcohol measurement is taken, now that alcohol that was in your stomach is in your blood. What happened is that your alcohol level actually went up after you stopped driving. Depending on the time between when you were stopped and when the blood alcohol test was taken, your level might be 0.01 to 0.04 (or more) higher at the time of the test than when you were driving. Even if your alcohol reading appears to be above the legal limit, consult with an attorney before assuming the number is correct and youÕre left with no choice but to plead guilty. You may have options.
8. Thompson, Daryl: 1. Do I have the constitutional right to speak to an attorney before I have to take a field sobriety test? In the State of California, as in the majority of the states, your right to an attorney or to advice of counsel does not attach until you are formally arrested or placed in custody. States vary from having the right to consult an attorney when being arrested to having the right to counsel when considering whether or not to submit to a chemical test. If at any time during the officer's stop, you believe you need an attorney, I believe it is always good policy to ask for an attorney. Listen to what the officer says in response to your request for an attorney. This response could be very important if he misrepresents what the law is to you. This information could go to reflect upon the officer's credibility and could be used to impeach the officer at trial. 2. Should I refuse to submit to the field sobriety test? You are not legally required to take a field sobriety test. I would recommend that you respectfully decline to take the field sobriety test. Remember, always be polite and courteous to the officer. If you are rude or become abusive or obstructive, the only person who is going to lose is you, not the police officer. You can certainly refuse the field sobriety test in a polite and courteous manner. Note that being asked to submit to chemical tests to determine your blood alcohol concentration [BAC] is different. If you have been arrested and you refuse to take a chemical test when asked, there can be serious consequences, including loss of drivers license for a year. 3. If the police officer asks me if I have been drinking, how should I respond? If the officer asks you if you have been drinking, your answer will play a significant factor in the officer's decision to arrest you, and in the prosecution's case against you. I believe such questions are accusatory in nature and you should respectfully decline to respond in a polite and courteous manner. I would suggest you respond, "I would like to speak with an attorney before I answer any questions". It must be remembered that the officer does have a right to certain information which the courts consider routine questions. For example, your name, your address and your date of birth. When the officer inquires about drinking, however, ask for an attorney as described above. The officer will then probably say you do not have a right to an attorney and ask you to answer the question. At this point, I think your best course of action would be to respectfully decline to answer. An experienced drunk driving attorney will give the jury good reason for declining to answer the question. 4. Should I consent to a chemical test to determine my blood alcohol concentration? In the State of California, as in almost all states, a driver is required to submit to a chemical test of his blood, breath or urine upon request of the police officer. The consequences of refusing vary from state to state, though in the State of California the following adverse consequences can occur: - Your drivers license will be suspended by the Department of Motor Vehicles for 1 to 3 years depending upon the circumstances and whether or not you have prior DUI convictions. This drivers license suspension may even be upheld if you are subsequently found not guilty of the drunk driving charge. - In the trial of the drunk driving charge in a court of law, your refusal will in all probability be introduced by the prosecution as evidence of your consciousness of guilt. However, a competent drunk driving defense attorney will offer other reasons for your refusal. The decision to refuse a chemical test is one not to be made lightly. Submitting to a chemical test that you feel will produce evidence of a high blood alcohol concentration must be weighed against the consequences for refusing to submit. 5. Which chemical test should I choose? In the State of California, as in many states, the police officer will offer you a choice of breath, blood or urine tests. In some areas, urinalysis may not be an option and you must choose between tests that are available. You do not have a right to choose urinalysis and then try to argue it's their problem that they didn't have it available. You will lose that argument. The officer will in all likelihood treat you as having refused to submit to testing, and all of the adverse consequences associated with a refusal will occur. See discussion of consequences of refusal in Question and Answer #4. If you choose a breath test, at the completion of the test ask the officer for a second test of either blood or urine so that your defense attorney can run an independent test to compare the results against the breath test. It is important to remember, that if you are concerned that there may be any substance in your body, other than alcohol, then by all means select only breath and do not take a second test of blood or urine. The most accurate test is a blood test. The next most accurate test is breath and the least accurate is urinalysis. If you are sure of your sobriety, then choose blood. If you are concerned about your state of sobriety, I would choose a urine test when available. 6. I have been charged with drunk driving (DUI) as a result of smoking "marijuana". Is my case hopeless because of the drug use? Not at all. I have never lost a marijuana DUI. Typically if you chose a breath test and no alcohol is detected, the officer will then insist that you submit to a urinalysis or blood test. Remain polite and courteous to the officer. Submit to the test as requested by the officer. Any attempt to resist can result in the blood being taken from you forcefully. You don't want to do this for your own safety. You need to understand the mechanics of the human body and how it processes marijuana. Over time, your body converts the cannabis in marijuana to 'THC'. The THCs are called metabolites'. The type of THC in a blood or urine test allows an expert to determine a specific time frame in which marijuana had been ingested. A Delta-9 THC means there are active elements in the blood. A 11-nor-Delta-9 THC means there are no active elements in the blood; i.e. NOT UNDER THE INFLUENCE. Only an expert can determine the existance of the THC level. Further, even if Delta-9 THC is present you need to determine the nanograms present in the blood. 7. What will it cost to defend a drunk driving charge? The cost of defending a drunk driving charge varies greatly based upon the experience of the attorney. There is no way to gauge a range of fees other than to say that a general practitioner may charge you as little as $1,000, whereas a well known drunk driving attorney may charge upwards of $10,000 or more, depending on the facts of the case. When I say the attorney may charge more, there are various factors that need to be considered: 1) Are there any prior convictions, 2) Can those convictions be attacked or set aside on constitutional grounds? 3) Was the drunk driving charge a misdemeanor or a felony, and was anyone injured? 4) Will the case require an expert witness? In addition, if a blood or urine test was conducted then an independent analysis of the blood or urine must be done. This is done to verify the percentage of alcohol present and to determine if the prosecution sample was properly handled and preserved and whether it became contaminated in any manner. All of these factors are taken into consideration by a competent drunk driving defense attorney when discussing your case with you. Lastly, make sure you and your attorney have a firm understanding and agreement of what the fees and costs are going to be. Have that agreement placed in writing and signed by both yourself and the attorney. 8. Should I get a lawyer? Why can't I represent myself? You certainly have a right to represent yourself. I would warn you of a very old legal maxim that goes, "He who represents himself has a fool for a client." Let me put it differently, let's assume that you had a need for an appendectomy. Would you go to the store and buy a do-it-yourself appendectomy kit and try and remove your own appendix? Of course not. A drunk driving charge requires an expert drunk driving attorney. Someone who is familiar with the analysis methods, evidentiary issues, and constitutional issues which will be faced in a drunk driving trial. If you are going to seriously defend yourself against a drunk driving charge, you are going to need an experienced drunk driving attorney. How do you determine what kind of attorney you need? The attorney who prepared your Will, the attorney who handled your divorce, the attorney who handled your personal injury or worker's compensation case will probably not be the attorney you need. The best way to find a qualified attorney, is to ask questions of that attorney, and establish his qualifications. It is the intent of this website to give you some information that will enable you to ask the right questions of the attorney so that you can use your best judgment when selecting an attorney to represent you. The attorney you select must be someone who you have confidence in, who can communicate with you, can communicate with the court, and understands the complex issues presented in a drunk driving case. 9. What is the punishment for drunk driving? The punishment for drunk driving varies. However, generally speaking, a first conviction will usually result in a fine, a license restriction, requirement that you attend an alcohol course for some specific period of time and informal probation for probably 3 years. If there are any "enhancement factors" present, even on a first offense, then a short jail sentence may be required. An example of "enhancements" would be 1) excessive speed, i.e., 20 to 30 miles per hour over the speed limit, 2) a minor present in the car when the arrest took place, 3) a blood alcohol concentration [BAC] over .20%, and 4) physical injury. This is not an exhaustive list, but just a few of the "enhancements" to give you a rough idea of what they are and how they could affect a first offense. For second or subsequent offenses, jail will almost always be ordered in addition to a substantial fine, community service, possible ignition interlock devices, up to and including the impounding of the vehicle. A new wrinkle has been introduced recently in that I have noticed some judges are ordering even first offenders to a stint of community service at the county morgue. 10. You are an out-of-state resident who has been charged with DUI (Driving Under the Influence) in California. What do you do? What can California do to you? The state of California can do plenty, even if you are not a resident. Since there now exists interstate cooperation between motor vehicle departments, you can lose your privilege to drive in your home state. Here is how it works, under the Federally mandated Interstate Compacts, motor vehicle departments in other states must recognize a California suspension to drive. If you lose your privilege to drive in a California courtroom or have the privilege suspended by the California DMV, you can lose your privilege to drive anywhere from four months to as much as two years. The length of suspension will be dependent on such factors as prior convictions or refusal to take a blood, breath or urine test to determine one's blood alcohol concentration. I recently had a client from Georgia who took what he thought was a breath test in the field. It turned out that he was unfamiliar with Preliminary Alcohol Screening Test, as used in California, and refused additional tests when he got to the police station. He refused on the ground that he had already taken a breath test in the field and in Georgia you only have to take one test. The California DMV was going to suspend this client's privilege to drive for one year for refusal to take a chemical test. We were successful in preventing the one year suspension. What this client from Georgia received is what you need: advice and assistance from an experienced, competent, knowledgeable DUI defense attorney. Being from another state does have its own problems, but, many times tourists get a break, depending on the circumstances. A non-California resident can get their privilege to drive back without completing a DUI program.
9. Spring, James: Getting arrested in Southern California for Driving Under the Influence (DUI) can be one of the scariest things to happen to someone. Often, people charged with DUI have never been in trouble before and never dreamed of staying the night in jail. It is important to contact a Southern California DUI attorney immediately so we can handle your DMV and criminal court matters, providing the best defense possible in order to minimizing the impact of a DUI charge on your life.
10. DUI & TRAFFIC LAWYERS: In a typical Orange County DUI investigation, the officer asks the DUI suspect to step out of his/her car and perform a series of "Field Sobriety Tests," or ÒFSTs.Ó  These roadside ÒtestsÓ usually consist of a battery of three to five exercises, usually selected by the officer; and  may include walk-and-turn, one-leg-stand, Horizontal Gaze Nystagmus (follow the stimulus with your eyes), fingers-to-thumb, finger-to-nose, Rhomberg (close eyes, tilt head back and count to 30), alphabet recitation, or hand-pat. These ÒSimon Says-likeÓ tests of your roadside acrobatic abilities were not designed to objectively determine whether you were in fact impaired by alcohol. Police and prosecutors use them for one reason: to collect evidence against you. These tests are designed for failure and cannot be passed. So donÕt be surprised when the officer says you failed miserably the ÒtestsÕ that you know you performed flawlessly. The National Highway Traffic Safety Administration (NHTSA) conducted a series of laboratory and field studies to evaluate the accuracy of these Field Sobriety Tests in signaling whether a DUI suspect is actually impaired. Of all the field sobriety tests, NHTSA found three to be the most reliable: The Horizontal Gaze Nystagmus, The Walk and Turn, and The One Leg Stand. These three became known as the "Standardized Field Sobriety Tests" (SFSTs). NHTSA claims to have quantified that the accuracy of the SFSTs in determining whether a DUI suspect's BAC is .10 or higher: HGN:  Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object. In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues appear, the suspect likely has a BAC of 0.10 or greater. NHTSA research indicates that this test allows proper classification of approximately 77 percent of suspects. HGN may also indicate consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants. The WALK AND TURN & ONE LEG STAND TESTS: These tests are Òdivided attentionÓ tests that are supposedly easily performed by most sober people. They require a suspect to listen to and follow instructions while performing ÒsimpleÓ physical movements. Impaired persons, they say, have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises.   In the walk-and-turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for seven indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, uses arms to balance, loses balance while turning, or takes an incorrect number of steps. NHTSA research indicates that 68 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.10 or greater. In the one-leg stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for a 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. NHTSA research indicates that 65 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.10 of greater. The effectiveness of SFST in court testimony and evidence depends upon the cumulative total of impairment indicators provided by the three-test battery. The greater the number of indicators, the theory goes, the more convincing the testimony. The theory of the prosecution is that because SFST are administered according to national standards and supported by Òsignificant research,Ó they have greater credibility than mere subjective testimony. TEST VALIDITY: In reality, however, how valid are these field sobriety tests, really? Well, in 1991, a Clemson University scientist by the name of Dr. Spurgeon Cole conducted a study on the accuracy of FSTs. His staff videotaped 21 individuals performing six common field sobriety tests, then showed the tapes to 14 police officers and asked them to decide whether the suspects had "had too much to drink to drive." Unknown to the officers, the blood-alcohol concentration of each of the 21 subjects was .00 percent; THEY WERE ALL STONE SOBER. The results: 46 percent, nearly half, of the time the officers gave their opinion that the sober subject was too drunk to drive!!!  Their Òexpert opinionsÓ on impairment based on FST performance were not much better than flipping a coin. Cole & Nowaczyk, Field Sobriety Tests: Are They Designed for Failure?, 79 Perceptual and Motor Skills 99 (1994). What about the new, improved "standardized" tests? Consider the research funded by the National Highway Traffic Safety Administration (NHTSA), which resulted in the later adoption of the so-called "standardized" field sobriety tests. In that study, researchers determined that the three most effective field sobriety tests (FSTs) were walk-and-turn, one-leg stand, and horizontal gaze nystagmus. Yet, even using just these supposedly more accurate tests, the researchers found that 47 percent of the subjects who would have been arrested based upon test performance actually had blood-alcohol concentrations of less than the legal limit of. 10 percent. In other words, almost half of all persons "failing" the tests were not legally under the influence of alcohol! In 1987, many of the original researchers at the Southern California Research Institute who had been federally funded to come up with a standardized battery published findings of their research. The study concluded that FSTs do not accurately measure driving impairment. In an article entitled Sobriety Tests for the Presence of Drugs, 3(1) Alcohol, Drugs and Driving 25 (1987), researchers recognized that such tests are designed to determine balance, steadiness, and reaction time but concluded that a connection between these factors and driving ability "is not apparent since neither a steady stance nor simple movement time is essential to the safe operation of a motor vehicle." While conceding that field sobriety tests may indicate the presence of alcohol, the researchers found that they do not necessarily measure driving ability. The fact that these tests are largely unfamiliar to most people and not well practiced, and that the tests are given under extremely adverse conditions, make them more difficult for people to perform. As few as two miscues in performance can result in an individual being classified as impaired because of alcohol consumption when the problem may actually be the result of the unfamiliarity with the test, nervousness, fatigue, injuries, intimidation, weight, age, physical condition & natural coordination or lack thereof, the distraction of traffic and lights and police, weather conditions, memory, or  the clarity of DUI officer's instructions. Moreover, the scientist hired by the National Highway Traffic Safety Administration, Marceline Burns, has admitted that the field tests do not measure impairment. She has also admitted that they are unreliable unless they are administered in strict compliance with STANDARDIZED TESTING PROCEDURES. The fact is that in most Orange County DUI, Los Angeles DUI, Riverside DUI, and San Bernardino DUI investigations, these Field Sobriety Tests are not conducted in a manner which is not approved by the National Highway Traffic Safety Administration.   Proper cross examination of the arresting officer can demonstrate that these exercises do not predict impairment for the purposes of driving a motor vehicle.
11. William Weinberg: BASIC CALIFORNIA DUI LAW It is a crime to drive a car in California if your blood-alcohol concentration, or BAC, is a .08 or higher. It is also illegal to drive a car while under the influence of alcohol and/or drugs. Why is this important? It gives the prosecutor the chance to charge you with DUI even if your BAC isnÕt high. This split in the law closed a major loophole and prevented the Ògood drunk driverÓ defense employed by defense attorneys up and down the state for many years. A TYPICAL SCENARIO Dave Defendant is an account executive and a life insurance company. He just got promoted, and the head of Human Resources decided that Dave deserved a dinner party in his honor. After the party, Dave saw that Lisa, a co-worker, looked a bit drunk and could tell she wouldnÕt be safe driving home. Feeling responsible in his new position, he offered to drive her home. Lisa accepted, knowing she shouldnÕt drive. Dave shouldnÕt have either. But heÕd been drinking wine slowly and steadily throughout the evening, and didnÕt feel ÒreallyÓ drunk, just a little ÒbuzzedÓ. So they climbed into DaveÕs Acura and headed for LisaÕs house. On the way, Dave tried to put in a new CD heÕd just gotten as a gift. He dropped the disc onto the floor and ran his fingers around to find it. In doing so, he swerved a little out of his lane. This caught the attention of Deputy Dan, a police officer stationed at the side of the highway. Deputy Dan flipped on his lights and sirens and went after Dave. It took a while for Dave to realize that Dan was signaling him to pull over, but he finally did. Dave got out of the car and held onto the door for balance. He was really feeling it now. Deputy Dan got out of his car and approached Dave. He saw that DaveÕs eyes were bloodshot, watery and drooping. Dan decided to ask Dave to perform some Field Sobriety Tests. These include the Horizontal Gaze Nystagmus, Finger-to-Nose, Walk and Turn, One-Leg Stand tests. All these tests are designed to test your motor skills and they help the officer form an opinion as to whether you are under the influence of alcohol or drugs. After completing the tests, Dan asked Dave to perform a breathalyzer test. Dave blew into the machine several times. At that point, he was handcuffed and taken to jail. While at the jail, he was given a choice between blood and breath tests. When Dave was issued a California DriverÕs License, he agreed to provide a sample of his breath or blood upon demand of a police officer after a lawful arrest. This is called ÒImplied ConsentÓ. Dave chose a blood test. After the sample was collected, Dave was booked and then released several hours later. Should Dave hire a lawyer? THE STOP The first question a lawyer will want to answer is whether there was a lawful stop. Under DaveÕs circumstances, the stop may not have been lawful because Dave didnÕt swerve out of his lane, merely within it. Under California law, intra-lane weaving isnÕt necessarily sufficient cause for a police officer to stop and detain someone under suspicion of drunk driving. THE OFFICERÕS OBSERVATIONS Deputy Dan thought that DaveÕs eyes looked bloodshot and watery. This phrase is the single most commonly used terminology in all of these cases. The officerÕs subjective (personal) belief that watery and red eyes indicate drinking, is not supported by scientific research. Dave could have been tired, his eyes could have been irritated from nearby smokers on the bar patio. He could have been wearing contact lenses. Police always note these symptoms. They always note that the person had an unsteady gait, needed to hold onto the car for balance and couldnÕt perform Field Sobriety Tests without missing steps or failing to follow instructions. In some cases, the police penalize a driver for merely repeating the instruction given to him, as if this proves the driver is drunk. THE P.A.S. BREATH TEST The P.A.S. test, or Preliminary Alcohol Screening test measures the concentration of alcohol in the breath. These test results are often incorrect. The machine may be in poor working order, not calibrated, or the officer may not know how to use it properly. There are many issues that may affect itÕs proper use. THE BLOOD TEST When Dave chose to have his blood drawn, he narrowed his chances of avoiding a guilty plea. Blood tests, no matter what you hear, are far more reliable than other chemical tests. The lab doing the testing takes the vial, adds some chemicals and analyzes the results. If the sample were contaminated, or if the lab only tested blood serum, the results could be in error. That is why we perform blood splits. Part of the original sample is sent to an independent lab and is re-analyzed. If there is a different result, you may have a defense. THE DMV HEARING What most drivers donÕt understand is that there is a separate, parallel, unrelated action taken by the DMV after your arrest. The officer will take your license from you the night of your arrest. He will give you a pink piece of paper. That paper says that you have 30 days to drive before your license is suspended for four months. That paper also says that you can request an administrative hearing within 10 days from the date of the arrest. This hearing takes place before a hearing officer who acts as both Judge and prosecutor. Even if I have your charges reduced or dismissed, the DMV may take your license. Only an acquittal or finding of factual innocence as to the .08 charge will help you with the DMV. You must fight the hearing very hard. And if you win the DMV hearing and later plead guilty or are found guilty by a jury, the DMV will suspend your license anyway. That is why hiring an experienced Orange County criminal DUI defense attorney is so important. Remember: The first rule of criminal law is this: if you donÕt fight it now, you canÕt fight it later. You must request a hearing and request it in writing. This can be done by telephone or by fax. You simply write your name, driverÕs license number, date of birth and a request for a hearing and fax it to the DMV driverÕs safety office. In Orange County, that office is located in Irvine. CONCLUSION There are many ways to successfully challenge the DUI charge. If you donÕt hire the right lawyer, one who knows what to look for, you may as well plead guilty at the arraignment and save your money for the fines.