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 DUI charges. Contact us today so an experienced attorney can go over your unique situation and begin building your defense.
An experienced DUI attorney from our law firm in California 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 defense strategy, and potentially reduce the penalties or even have the charges dismissed under certain circumstances.
Understanding DUIs is key to preventing dangerous driving behavior and making sure that drivers are held accountable for their actions. It’s always best to avoid driving under the influence by arranging for alternative transportation, such as a designated driver or rideshare service, to prevent putting yourself and others at risk.
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 DUI charge, there are several potential defense strategies that an experienced 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 a defense 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 “probable cause” to pull someone over, meaning 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 field sobriety 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.
A defense 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
Breathalyzer and blood tests are commonly 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.
In DUI cases, defense strategies can vary based on the specifics of the situation. A skilled attorney will analyze every aspect of the arrest, from the reason for the stop to the validity of testing methods, in order to build the most effective defense.
Costa Mesa DUI Lawyer Near Me (310) 896-2723
Criminal Charges for a DUI in Costa Mesa
Many drivers face DUI 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 charge by contacting a Costa Mesa DUI lawyer.
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DUIs in Costa Mesa and the Department of Motor Vehicles (DMV)
If you are charged with a DUI, you will likely face a criminal case as well as a hearing before the Costa Mesa 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 criminal charges are dropped. Our experienced criminal defense attorneys in Costa Mesa 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 in Costa Mesa
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.
DUI charges 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 Costa Mesa criminal defense attorney for legal representation immediately. Trying to handle a DUI charge 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
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 treatment program if you are convicted of drunk driving. The court may also require that you install an Ignition Interlock Device (IID) into 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 attorney in Costa Mesa may be able to build a defense for your case. Sometimes, DUI charges are dismissed if your criminal defense lawyer can prove that the tests you took were inaccurate.
What if the Cop Was Wrong?
A DUI 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. Simmrin Law Group might be able to get your charges dismissed or reduced to a less severe charge.
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 build a defense against, but it can be done with the right DUI attorney near me in Costa Mesa, CA.
Contact Simmrin Law Group today to schedule an appointment with an experienced criminal defense attorney.
Let a Costa Mesa DUI Attorney Stand Up for You
An experienced Costa Mesa DUI lawyer can analyze the video recordings of your interactions with 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.
You can rely on our professional criminal defense lawyers in Costa Mesa 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.
Contact Simmrin Law Group for a free initial case evaluation for any DUI charge. The sooner you schedule an appointment with a criminal defense lawyer, the sooner you can begin the defense of these criminal charges.
Call or text (310) 896-2723 or complete a Free Case Evaluation form