Many drivers do not realize how severe a DUI accusation can be. Do not risk your future by ignoring a DUI charge. Take steps to get the legal help you need by contacting a Costa Mesa DUI lawyer for legal representation as soon as you are charged with a DUI.
The Costa Mesa criminal defense lawyers and legal professionals at Simmrin Law Group have experience fighting for clients facing drunk driving charges. Contact us today so an attorney can go over your unique situation and begin building your defense.
A DUI attorney from our California law firm will help protect your rights when facing DUI or other criminal charges.
Understanding DUIs
Driving under the influence of drugs or alcohol (DUI) is a dangerous activity that can endanger vehicle passengers, other drivers, and pedestrians. The courts can punish drivers who are accused of a DUI incredibly harshly. DUI convictions can lead to:
- Fines
- Jail time
- The loss of your license
Facing a DUI charge can be overwhelming, and the potential penalties can have long-lasting consequences. If you are arrested for DUI, it’s crucial to consult with a legal professional who is experienced in DUI cases.
We can help guide you through the legal process, assess your case, form a DUI defense strategy, and potentially reduce the penalties or even have the charges dismissed under certain circumstances.
For a free legal consultation with a dui lawyer serving Costa Mesa, call (310) 896-2723
Common DUI Defense Strategies Our Legal Team May Use
When facing a drunk driving charge, there are several potential DUI defense strategies that an attorney may use to challenge the allegations. While each case is unique, the following are some common defenses that may help reduce the severity of penalties or even lead to the dismissal of charges.
Improper Stop or Lack of Probable Cause
One of the first things an attorney may investigate is whether the police had a valid reason to stop the driver in the first place.
Under the law, officers must have cause to pull someone over. This means they must have reasonable suspicion that the driver is engaged in criminal activity.
If the stop was made without probable cause—such as arbitrary stops or profiling—any evidence gathered during the stop, including sobriety tests, may be inadmissible in court.
Faulty Field Sobriety Tests
Police officers often administer tests to determine impairment. These tests include activities like walking in a straight line or standing on one leg. However, they are not always reliable, as many factors unrelated to alcohol or drugs can affect a person’s performance, including medical conditions, fatigue, or poor road conditions.
An attorney may argue that the tests were administered incorrectly or that the defendant’s performance was influenced by external factors, not intoxication.
Inaccurate Breathalyzer or Blood Test Results
It’s common knowledge that breathalyzer and blood tests are used to determine a driver’s BAC.
However, these tests are not foolproof. Breathalyzer machines must be properly maintained and calibrated regularly to provide accurate results. If a machine is not functioning correctly or if the test was administered improperly, the defense may argue that the BAC reading is unreliable.
Additionally, blood tests can be subject to errors such as contamination or improper storage of samples, which can lead to inaccurate results.
Medical or Physical Conditions
Certain medical conditions can mimic the symptoms of intoxication. For example, conditions such as diabetes, acid reflux, or neurological disorders may cause slurred speech, unsteady movements, or the odor of alcohol on the breath.
If a driver has a medical condition that could have influenced their performance on sobriety tests or their BAC readings, an attorney may use this as a defense to explain why the driver appeared impaired.
Costa Mesa DUI Lawyer Near Me (310) 896-2723
Criminal Charges for a DUI in Orange County, CA
Many Orange County drivers face charges after being pulled over or getting into a motor vehicle accident. You can be charged with a criminal act for operating a motor vehicle with a blood alcohol content (BAC) that exceeds the legal limits. Generally, you are not allowed to drive with a BAC above:
- 0.8% for non-commercial drivers over 21
- 0.4% for commercial drivers over 21
- 0.1% for drivers under 21
However, California does have vehicle codes that it can use to charge you with a crime for driving under the influence of alcohol, even if your BAC does not exceed these limits. You can get help fighting any DUI criminal charge by contacting a Costa Mesa DUI lawyer.
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DUIs in California and the Department of Motor Vehicles (DMV)
If you are charged with a DUI in Orange County, you will likely face a criminal case as well as a hearing before the Department of Motor Vehicles (DMV). All drivers accused of DUI must address this DMV hearing.
Within ten days of your DUI arrest, you must request a hearing with the DMV. Failure to do so during this time frame will result in an automatic suspension of your license.
It’s important to note that the DMV has the authority to suspend your license even if the charges are dropped. Our attorneys can assist you with both your criminal case and DMV hearing. Contact us today to learn more about our legal services.
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Penalties for a DUI Conviction
You can face severe legal penalties if you are convicted of a DUI. The penalties for a DUI also grow harsher each time you are convicted, with the first criminal offense often warranting a misdemeanor charge and subsequent incidents warranting more serious felony charges.
DUIs can also become aggravated if the incident has other variables, such as minors in the vehicle, people being injured due to a driver’s impairment, or the death of an individual due to a driver being under the influence.
This makes it important that you reach out to a criminal defense attorney for legal representation immediately. Trying to handle a DUI on your own can increase the odds that you will face:
Fines:
- 1st DUI Offense: Up to $2,000
- 2nd DUI Offense: Up to $2,500
- 3rd DUI Offense: Up to $3,000
Orange County jail time:
- 1st DUI Offense: Up to 6 Months
- 2nd DUI Offense: Up to 1 Year
- 3rd DUI Offense: Up to 1 Year
License suspension:
- 1st DUI Offense: Up to 1 Year
- 2nd DUI Offense: Up to 2 Years
- 3rd DUI Offense: Up to 3 Years
Treatment Programs and IIDs
You can be forced to complete an alcohol program if you are convicted of drunk driving. The court may also require that you install an Ignition Interlock Device (IID) in your vehicle. This device measures your blood alcohol concentration (BAC) before allowing you to start your car.
You do not have to try to fight these harsh penalties alone. A DUI lawyer serving Costa Mesa may be able to build a defense for your case. Sometimes, drunk driving charges are dismissed if your criminal defense lawyer can prove that the BAC level tests or chemical tests you took were inaccurate.
What if the Cop Was Wrong?
An Orange County drunk driving lawyer might also argue that a police officer pulled you over without reason or that the officer failed to follow the correct procedures when administering sobriety tests or establishing a checkpoint.
Should you be convicted of DUI, you risk losing your job, having trouble finding employment, and might even lose friends and family members. DUI is a difficult crime to defend against, but it can be done with the right DUI attorney near me serving Costa Mesa, CA.
Simmrin Law Group might be able to get your charges dismissed or reduced to a less severe charge. Contact Simmrin Law Group today to schedule an appointment with an attorney.
Let a Costa Mesa DUI Attorney Stand Up for You
A Costa Mesa DUI lawyer can analyze the video recordings of your interactions with California law enforcement leading to the DUI charge, determine if your rights or standard legal practices were violated, and begin gathering evidence to support your defense.
Contact Simmrin Law Group for a free initial case evaluation for any charge, including felony DUI. The sooner you schedule an appointment with a defense lawyer, the sooner you can begin the defense of these charges.
You can rely on our DUI team to assess your legal options. We may be able to build a strong defense for you while helping you handle your DMV hearing. Visit our FAQ page to learn more.
Call or text (310) 896-2723 or complete a Free Case Evaluation form