DUI Defense Law
Top Orange County DUI Defense Attorneys
Southern California DUI Defense Lawyer
California DUI Law Questions:
Q: If I have been arrested for DUI, what will happen at my court appearance?
Q: What are some common defenses against a DUI charge?
Q: How is a “DWI” different from a “DUI”?
Q: Am I required to take a field sobriety test?
Q: Can I be charged for DWI even if my car was not moving?
Q: What is the "open container" law?
Q: If I am convicted of DUI, what are the possible penalties?
Q: My driver’s license was suspended. How can I get it back?
What is a DUI?
Driving Under the Influence is commonly referred to as DUI. It is also sometimes referred to as Driving While Intoxicated (“DWI”). DUI and DWI refer to the same crime, and is considered to be a very serious crime in all states. Drinking alcoholic beverages or using drugs affects your ability to drive a car or operate boats and industrial equipment in a safe, responsible manner.
A police officer can pull you over and examine you for potentially driving while under the influence if they observe you driving in an erratic fashion. If they believe you are intoxicated, they will ask you to submit to a variety of sobriety tests.
Blood Alcohol Content (BAC)
When a person consumes an alcoholic drink, alcohol is absorbed into his blood stream. The percentage of alcohol in a person’s blood is referred to as Blood Alcohol Content (BAC), and a variety of different tests can be used to measure it. Currently, the BAC level that defines DUI is 0.08% in all states, and most states have enhanced penalties for BAC levels that are significantly higher than that.
Every state also has ‘implied consent’ laws, which require you to submit to a sobriety test if a police officer thinks that you are intoxicated. Under these laws, a person’s driver’s license will automatically be suspended for six months to one year if they refuse to submit to a police officer’s request for a sobriety test.
Many people do not know that they can be convicted of DUI/DWI even without a BAC test, or if your BAC level is lower than the legal limit. A jury can convict you of DUI if there is enough evidence that you were drunk and unable to drive safely, such as your conduct, breath, motor movements, and language.
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If I have been arrested for DUI, what will happen at my court appearance?
First of all, if you have been arrested and charged with DUI/DWI in Orange County, you will definitely want to hire an experienced Southern California DUI Defense Attorney. An experienced DUI defense lawyer can help you understand your rights, the charges against you, and the best way to avoid a conviction.
Your first court appearance will be your arraignment, where the judge reads the charges against you, and asks you for a plea of either ‘guilty’ or ‘not guilty’. If you plead not guilty, then the judge will either set a bail amount, or release you without requiring you to post additional bail.
If you have not yet hired a DUI attorney, the judge will ask you if you want a public defender appointed to your case. You have a constitutional right to be represented by an attorney when facing criminal charges involving the loss of your freedom.
The district attorney will then give your attorney copies of any police reports and evidence that would be used against you in trial, such as the results of any blood alcohol tests. The judge will then set dates for future court appearances.
Preliminary Hearings
Preliminary hearings are used to determine if there is enough evidence for you to stand trial; that is, whether it is likely a jury might find you to be guilty of driving while intoxicated. If he finds that there is enough evidence, then you will be required to stand trial at a later date.
In the vast majority of cases, district attorneys are not likely to entertain ‘plea bargaining’ for a case involving DUI and DWI, since they are considered to be serious crimes. In fact, some states have passed laws prohibiting plea bargains in DUI/DWI cases.
In a few instances, your attorney may be able to reach a deal with a prosecutor to have your case reduced to a lesser charge, such as reckless driving, if you are a first-time offender and you have no prior record. Many intangibles come into play, such as your attorney’s skill, the evidence against you, and the district attorney’s perception towards both you and your attorney. Also, agreeing to plead guilty will often give you a lesser sentence than if you were to fight your case in court and lose.
Pre-Trial Motions
A skilled DUI Defense Attorney will likely bring motions to have certain pieces of evidence not be allowed to be introduced at trial. For example, an experienced DWI lawyer will work to have incriminating evidence barred from being introduced, such as:
-Physical or material evidence obtained at the scene (such as bottles of alcohol) -Results from blood-alcohol content tests -Any confessions or statements made to the arresting officer
Trial
The vast majority of DUI/DWI cases are resolved before actually reaching trial. However, if your case does make it to trial, it will likely proceed in a somewhat predictable pattern.
Although many DWI cases are resolved short of going to trial, it’s possible you’ll find yourself at trial. If so, the trial is likely to proceed in a predictable manner, with the following steps:
- Selection of a jury
- Opening statements by the prosecutor and your attorney
- Witness testimony and cross-examination
- Closing arguments from the prosecutor and your attorney
- Instructions to the jury by the judge
- Jury deliberation and verdict
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What are some common defenses against a DUI charge?
Each DUI case is different when it comes to potential winning defenses. An experienced DUI defense attorney will look at all aspects of the evidence being used by the prosecutor and look for weaknesses in the case against you. These may include:
-Testimony from the arresting officer
The prosecutor often relies heavily on the arresting police officer’s testimony during trial to provide information about erratic driving, such as driving too slow, driving at uneven speeds, weaving in and out of lanes, inability to stay in a late, running a red light, etc. A skilled DUI defense attorney will argue that there are many explanations for these actions that are not grounded in driving under the influence. Prosecutors will also ask the officer to testify with regards to your appearance and behavior at the time you were pulled over.
An officer may also testify as to a DWI suspect’s appearance and behavior when questioned, including whether they had slurred speech, enlargement of their pupils or bloodshot eyes, stumbling while walking, or incoherent speech. Legitimate defenses to these behaviors may include allergies, lack of sleep, stress due to personal circumstances, medications, nervousness, or physical impairment.
-Field Sobriety Tests
When an officer suspects someone was driving under the influence, they generally ask the person to perform “field sobriety tests”, which are aimed at assessing your physical and mental alertness., These may include being asked to walk a straight line, walk backwards, stand on one leg, or reciting the alphabet backwards.
Defenses to these field sobriety tests are similar to those involving the officer’s observation of the suspect. An experienced DUI defense attorney will cross-examine the police officer as to whether he first asked the driver if he had physical impairments (or any other unique personal circumstances) that would make it difficult to perform the tests. He will also likely point out to the jury that many of them would have similar difficulties performing these same tests, even under the most optimal circumstances.
-Defenses Against Blood Alcohol Content Tests
Most suspects who are arrested for DUI have their BAC tested by blowing into a breath testing device. However, these ‘breathalyzers’ are not foolproof, especially if they are not properly maintained and calibrated. In addition, consumption of certain types of foods and other lawful substances are known to cause faulty and inaccurate readings. If you are represented by an experienced Southern California DUI Defense Attorney, he will likely subpoena any records kept by the police with regards to how the machine was operated, maintained, and calibrated. In addition, he may call some expert witnesses to testify regarding the unreliability of that particular breath-testing machine’s model. Another strong defense to a breathalyzer test is that the physical breath tests cannot be preserved for later independent testing, and as such, there is no way to know if the machine was used accurately.
Successfully defending yourself from a DUI charge is nearly impossible without the expertise of an experienced DUI defense attorney. If you find yourself facing DUI charges, contacting a skilled DUI defense lawyer is the first step to beating it.
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What is the difference between “DWI” and “DUI”?
“DWI” is an abbreviation for “driving while impaired/intoxicated”, and “DUI” stands for “driving under the influence.” These two terms refer to the same criminal act of operating a motor vehicle after consuming more alcohol than legally permissible. In all states, the legal limit is a BAC of 0.08%.
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If I am pulled over by a cop for suspicion of DUI, am I required to take a breath test, or can I insist on a different sobriety test?
Portable breath-testing units must be approved by National Highway Traffic Safety Administration, and need to be regularly maintained and used properly if they are to function accurately.
In California, by accepting a driver’s license, you are presumed to consent to submit to a breath or blood test if you have been arrested by a police officer under suspicion of DUI. While you may refuse a test, doing so under California’s ‘implied consent’ laws has serious consequences, including suspension of your driver’s license, other DMV penalties, and potentially harsher sentencing if you are convicted.
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Am I required to take a field sobriety test?
No, you are not. Field sobriety tests are entirely voluntary. Most police officers will not tell you that you have the right to refuse a field sobriety test. And unlike a breath-alcohol test, refusing a field sobriety test will not lead to penalties such as your license being suspended. However, even if you refuse a field sobriety test, an officer may still arrest you if he finds probable cause that you were driving while impaired.
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Can I be charged for DWI even if my car was not moving?
Yes. For example, if you were ‘passed out’ on the side of the road with your engine running, the police officer can arrest you for DUI, since there is probable cause that you were operating the car under the influence in the recent past.
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What is the "open container" law?
According to California Vehicle Code Section 23226(a), “It is unlawful for any driver to keep … any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.” Section 23226(b) extends the prohibition to any passengers in the car, as well.
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If I am convicted of DUI, what are the possible penalties?
If the jury finds you guilty of DUI, the punishments can include:
- Monetary fines
- A relatively short jail term, unless you were involved in an accident where people were injured/killed
- A period of probation and/or a suspended sentence, which usually includes conditions such as being prohibited from drinking
- Community service
- Drug/alcohol counseling and rehabilitation programs
- Being required to install an ignition interlock device in your car which prevents the car from starting if your BAC is too high
- Suspension of your driver’s license by the DMV
Repeat and multiple offenders often face stiffer fines than first-time offenders.
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My driver’s license was suspended. How can I get it back?
In addition to any fines or jail time, someone convicted of a DUI will usually have his license suspended for a period of time. However, if you complete a DUI education program, you may be able to petition for a restricted license that will let you drive to and from work, and other restricted areas.
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DUI Laws in California
If you find yourself facing a DUI / Drunk Driving charge, you will need an experienced Orange County DUI Defense Attorney that you can rely on. If you are charged with a DUI/DWI in Orange County, you face stiff fines, penalties, suspension of your driver’s license, and even jail time. It is imperative that you seek the advice and representation of an experienced and aggressive DUI attorney as soon as possible. The Law Offices of Michael L. Guisti will provide you with the experience and knowledge in defending DUI cases needed for you to successfully fight the charges against you.
Immediate Action with DMV Required
If you are arrested under suspicion of DUI/DWI and found to have a BAC greater than 0.08%, the arresting officer will confiscate your driver’s license. The DMV will suspend your driver’s license and issue a 30-day temporary driving permit. In order to appeal the suspension of your driver’s license, you need to request a DMV hearing within ten days of your arrest, or the suspension will stand. You have the right to have a DUI Defense Attorney represent you at that hearing, and you should take advantage of it. The Law Offices of Michael L. Guisti will help to guide you through this foreign and intimidating process in an aggressive effort to have your license suspension set aside.
According to California Vehicle Code Sections 23152 and 23153:
- Anyone operating a motor vehicle with a BAC of 0.08% or higher on a public roadway is guilty of a crime
- Anyone under the age of 21 commits a crime if they operate a motor vehicle with a BAC of 0.01% or higher on a public roadway
- Anyone consuming an alcoholic beverage in a motor vehicle on a public roadway commits a crime
- Open alcoholic beverages are prohibited in a motor vehicle on a roadway
- Anyone arrested for suspicion of driving while intoxicated must submit to a chemical test to determine blood alcohol content. Refusal to take the test results in an automatic one year suspension of their driver’s license.
A police officer in California has the right to stop your vehicle if they suspect that you may be driving while intoxicated. If a police officer pulls you over, you are only required to present identification and registration documents. Many people unwittingly answer any questions regarding their destination, number of drinks consumed, etc. when they are not required to. You are not required to perform any roadside PAS tests (preliminary alcohol screening) such as moving your eyes from side to side, reciting the alphabet backwards, walking a straight line, or touching your nose. In addition, you have the right to refuse a roadside breathalyzer test; however, you are required to submit to blood alcohol testing at a regulated facility if you are arrested. Therefore, it is often better to insist you be taken to a police station for testing rather than submit a roadside test. You have the choice between a breath test and a urine test. You will not be able to contact your attorney until the test is performed.
Be sure not to answer any questions until you consult with an experienced Orange County DUI / Drunk Driving lawyer. The Law Offices of Michael L. Guisti is committed to upholding your rights, and employ an aggressive defense and that may lead to a reduction or dismissal of the charges against you.
Almost 30% of the DUI arrests in California do not lead to a conviction, and the key determining factor is whether the defendant was represented by an experienced Orange County DUI Defense Lawyer.
For a free consultation regarding your Orange County DUI Defense, please call us at (714) 530-9690, and have one of our Orange County DUI Defense specialists explain your rights and your case to you.
