Tustin DUI Lawyers
- Croissant, Robert: Drunk driving cases ( DUI ) DMV matters Traffic violations Suspended licenses DMV hearings Criminal defense All accidents
- Gibbs, Barney: Being under the influence of a controlled substance (excluding medical marijuana) is illegal in California. As an Orange County drug crimes defense lawyer, the burden is on my shoulders to help my clients avoid a conviction in these cases, as well as imprisonment. As a lawyer, I will need to prove that my client was legally prescribed or given the drugs or that he/she was actually not under the influence of any controlled substances.
- Gurwitz, Brian: defense of those accused of criminal offenses in Orange County Ñ from drunk driving / DUI to homicide
- Oliver, Terese: * Prostitution * DUI & drunk driving * Petty theft * Minor sexual offenses * Public exposure * Burglary * Shoplifting * Vandalism * Traffic violations
- Prussak, Welch & Avila: Everything from proper procedure for police officers to evidence handling should be questioned in mounting your defense. There are countless options concerning DWI/DUI that should be reviewed to ensure that your rights are protected.
- Lowenstein, Rudolph: clients have certain rights: + The right to an aggressive, creative defense + The right to the prompt return of all telephone calls + The right to be kept informed at every step of the proceedings + The right to have court appearances made personally by the attorney retained + The right to be treated with the utmost dignity and respect + The right to have confidentiality scrupulously protected + The right to an attorney who maintains the highest level of personal integrity + The right to an attorney whose early, aggressive and knowledgeable intervention may result in dismissal or mitigation of the charges
- Cohn & Swartzon: DUI / DWI - Driving under the influence of alcohol or an illegal substance. This also includes DMV hearings.
- Clem & Ansari:
Drunk Driving (DUI - DWI)
In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense may be called driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), and even operating a motor vehicle intoxicated (OMVI). Whatever the specific title, DUI laws make it unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if:
- The driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines; or
- The driver is intoxicated at a level above established DUI standards, such as blood-alcohol concentration (BAC).
Field Sobriety and Chemical Tests
When a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver, and may ask for his or her consent to some form of chemical test for intoxication.
Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the person's physical or cognitive ability. Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having he or she recite the alphabet backwards; and the officer's use of the "horizontal gaze nystagmus" (eye and penlight) test.
Chemical tests can be conducted during the vehicle stop, using a Breathalyzer that measures a driver's blood-alcohol concentration (BAC), or at a hospital, where urine and blood tests can be performed. Many states allow a driver suspected of DUI to choose which type of chemical test is administered.
Refusing a Chemical Test: "Implied Consent" Laws
All states have "implied consent" laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. The logic behind such laws is that, by assuming the privilege of driving a vehicle on state roads and highways, drivers have effectively given their consent to DUI testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs.
If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. Often, license sanctions for test refusal are more harsh than those imposed after DUI test failure. In most states a driver's refusal to submit to a chemical test may be used to enhance the penalties imposed if he or she is eventually convicted for DUI.
- Donna Ortlieb: DUI/DWI Driving under the influence, or DUI, means driving or operating a motor vehicle in a public place while intoxicated. It is usually a misdemeanor. If you are arrested for driving under the influence, you may be asked to take a blood, urine or breath test. The decision whether or not to take the test may be an important one. You do have the right to refuse the test. However, your refusal could cause you to lose your driver's license for up to one year. Your refusal will also be made known to the court. The police will forward all evidence, including the results of the blood alcohol test, to the prosecutor's office, where a decision about whether to prosecute will be made. Usually these charges incur large fines, jail time, and community service, along with the suspension of driving privileges.
- Barney Gibbs: An inherit right as an American citizen is the fact that you are innocent until proven guilty. Although this is upheld in our judicial system, many people are tried in the media with the presumption of guilt.
- Donna Ortleib: If you are charged with a misdemeanor or felony crime, hiring an attorney is essential. Unlike traffic tickets where the police officer typically acts as the prosecutor, in misdemeanor and felony cases the state is represented by experienced prosecutors. Our criminal justice system is adversarial, which means each side makes arguments and asks questions and then a finder of fact, typically a jury, decides the case. The judge cannot aide an unrepresented defendant who finds himself or herself in over their head. Criminal cases and their jury trials are extremely complicated procedures. An attorney is essential in order to navigate this process.
- Rudolph Lowenstein: Not only is freedom at stake when charged with driving under the influence, but often livelihoods and always the privilege to drive. The Department of Motor Vehicles will attempt to suspend your driving privilege, however often times quick and aggressive response to the DMV can save your ability to drive.
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