A DUI, or driving under the influence, is often referred as drunk driving. In California, as in all states in the US, it is a crime. A person found guilty of a DUI can be charged with penalties which may mean not just monetary fines but also more severe punishment, including a driver’s license suspension, community service or physical labor, or even in more extreme cases, jail or prison time.
Most county prosecutors are known to be tough on DUI, and one of the most aggressive in handling DUI’s is Orange County, California. When you are facing drunk driving charges, its imperative to have an attorney who can help you in offering the legal assistance and support needed to help you survive the process and move forward.
A DUI is a criminal offense and can even potentially put you behind bars for a period of time. This is a criminal act and you should never commit the same as it can cause harm to not just your life but also those who are accompanying you or who may get harmed while you are driving on the road. Of course it is best to be careful when drinking, or driving, but for those chargers with an Orange County case, a criminal defense lawyer Orange County can help.
Lawyers and attorneys specializing in DUI cases do not encourage the act of driving while under the influence of liquor or other drugs. In Orange County, almost every day, drivers are arrested and charged with driving under the influence. Facing a DUI case is not easy when you have been accused of a crime.
Police officers have no right to arrest you if you did not violate the law in some way first. It means that they must have a factual basis before they interrogate you. At first, if they notice that you are driving carelessly on any highway or public road, they may stop you and investigate further. Typically, police smell alcohol, notice bloodshot, red, watery eyes, or notice a lack of coordination and suspect intoxication. Then, they must have separate probable cause, or your consent, to conduct a breath or blood test to find out your blood alcohol level and determine the amount of alcohol in your body.
Most often, police officers are trained to observe driving behaviors that indicate that you are driving under the influence. Their probable cause in pulling you over is usually based upon the driving involved.
Before you are given a DUI chemical test, a police officer will interrogate you and if he or she detects even a minimal sign of intoxication, he or she will ask you to take that specific test and to consent to it. Blood and breath testing must meet state requirements, and the tests are subject to a margin of error – and may not be completely accurate.
You probably already know that drunk driving or driving under the influence of alcohol and other drugs can lead to severe long-term consequences. As what I mentioned earlier, this a violation of the law because it is considered as a crime, but it also has long term consequences to your driving record and license, and for several career options. That is why you need a legal counsel who can defend you in court and before the DMV, where your license hearing will take place. You must also participate for your defense, and that is why understanding some basics of this kind of law is a necessity. It also outlines the reasons why a DUI specialist Orange County can be helpful.
Always remember that you have a right to defend yourself in court especially if there are legal, or factual defenses involved in your stop and arrest for DUI. Some examples are a lack of probable cause, an anonymous tip that was called in, and improperly conducted field sobriety tests, breath tests, or blood tests.
Because of the social stigma for DUI, a DUI is a criminal offense that seems to have punishment increase every year. Next year in California, ignition interlock devices will be mandatory for all offenders, and additional punishment, like AA or MADS classes or presentation, or even DNA samples, are often part of the punishment in Orange County.
On the DMV side, drivers can refuse to take any tests if they are pulled over but, in most states, they lose their license for a year if they refuse to be tested for alcohol. In Orange County, those who have been convicted of a DUI for the first time could be subject to search and seizure as part of their probation for three years.
Drivers who are under the influence and cause an accident with injury, or a fatal accident also run the risk of being charged with a serious felony, and can carry a massive prison term. No longer does someone get away with “sleeping it off” and paying a small fine when they are found guilty of drinking and driving in Orange County. To avoid all these potential punishments in a case, consult with an Orange County DUI Attorney.