Orange County DUI Lawyer | Principles of Accounting

Orange County DUI Lawyer

Scenario: You just left the bar in Anaheim after having a few drinks with your buddies for happy hour after a long day at work.  You leave pretty ...


Scenario:

You just left the bar in Anaheim after having a few drinks with your buddies for happy hour after a long day at work.  You leave pretty early because you promised your wife that you will mow the yard today.  A block down the road there is an Orange County law enforcement officer that noticed your vehicle leaving the bar.  The next thing you know red and blue lights are flashing behind you signaling you to pull over.  The officer asks the standard questions and after you answer them he asks you to step out of the vehicle.  Your heart begins to race and you are immediately nervous.  You wonder in the back of your mind if the two beers you just drank are going to put you over the legal blood alcohol limit.  “What is my wife going to think if I have to call her to bail me out of jail?  Do I know a lawyer that handles DUI offenses?  Maybe I won’t need one if I pass the field sobriety tests.”

STOP!

In this scenario you may be better off refusing the field sobriety tests and not answering any more questions.  Submitting to field sobriety testing is not required by law.  You will not face enhanced penalties or license suspension merely for refusing these tests.  The field sobriety tests are subjective at best and will usually give the prosecutor evidence against you when you go to trial.  If you have been drinking and the officer smells an odor of alcohol on you, the chances of you passing the field sobriety tests and the officer telling you to have a great day are slim.  If you take the field sobriety tests and the officer thinks you are impaired you will then be arrested for DUI.  After being arrested the Orange County law enforcement officer may ask you to submit to a breath test or a blood test. In the State of California, refusal of a breath test or a blood test to determine your blood alcohol concentration is an offense punishable by a one-year license suspension.

What is DUI?

DUI is most often a misdemeanor offense in the state of California.  DUI involves a driver operating a motor vehicle while under the influence of alcohol or drugs.  The California drunk driving laws defines under the influence as either the driver had physical or mental abilities that are impaired as a result of drugs or alcohol OR a blood alcohol concentration of .08% or greater.

Being arrested for DUI is a serious matter.  It is not a matter that you will be able to handle by yourself.  You need to find a reputable DUI lawyer.  There are many firms in Orange County that handle DUI cases on a daily basis.  It is usually a good idea to hire a lawyer that has experience with the Orange County judges and district attorneys.  The lawyer you choose can help your case if they are familiar with the judges and district attorneys by knowing which ones are more likely than to pass down a guilty verdict.  Do some research and ask your attorney questions about his or her relationship with Orange County court.  Ask questions about the success rate the lawyer has been able to achieve in Orange County.  It will be a good idea to interview more than one attorney but do not waste a lot of time in doing so.  When arrested for DUI in Orange County the officer will confiscate your license and issue a notice of suspension that will serve as a temporary license.  Upon failure or refusal of a breath test or blood test the DMV will begin suspension proceedings.  In California you only have ten days from the date of the DUI arrest to request a DMV hearing.  If no request is made during that time frame, your license will be suspended/revoked thirty days from the date of the arrest, and suspended for four months regardless of the outcome of your case.  The DMV hearing and the criminal hearing are mutually exclusive events.  The length of time of suspension will depend on the number of times you have been arrested for DUI in the preceding seven years.  Hiring an experienced lawyer that handles DUI cases will ensure that a hearing is scheduled with the DMV and if there is evidence that you were not driving a vehicle or your blood alcohol content was below .08% then you will more than likely get your license back.  If you took field sobriety tests and there is evidence that you were in fact impaired, your evidence will be overruled and your license will be suspended.  If you display behavior like in the video below, you are more than  likely going to be convicted.

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