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Providing DUI Defense for Anaheim, CA:

Arrested for DUI in Anaheim?

It’s important to act quickly after you have been arrested on DUI charges. The clock starts ticking the moment of your arrest; from there, you are given only ten calendar days to locate legal representation and have them arrange a hearing so you can defend yourself against these charges. If you fail to schedule a hearing within this time-frame, your license will be suspended automatically, and you may also face further penalties, including fines and a jail sentence. You shouldn’t wait until the last minute, either—your Anaheim DUI attorney will need as much time as possible to help you construct a defense. The Law Office of Barry T. Simons can help you keep your license, avoid massive fines, and stay out of jail.

Far too many people believe that they’ll never face DUI charges, and so they neglect to locate a suitable Anaheim DUI lawyer until disaster strikes. This delay can cost them, however, as finding the right representation can be very time-consuming. Even careful motorists who always try to avoid driving under the influence can be arrested on suspicion of DUI. That’s why the best course of action is to be properly informed prior to getting entangled with the legal system. Knowing who to turn to in the event of an arrest may make the difference between a successful defense and a costly DUI conviction on your record. 

What You Need to Know Now

You need to act quickly. After your DUI arrest, the officer will take your license and issue in its place a temporary license valid for only 30 days. Keep in mind that you will have only 10 days to schedule a hearing; if you do not, your license will be suspended at the conclusion of the 30-day temporary-license period. The administrative panel in charge of your case will then turn the matter over to the courts.

It’s important to realize that the hearing is NOT a trial. It’s simply a way for your attorney to mount an initial defense on your behalf. At the hearing, your lawyer will have the opportunity to interview the arresting officer and present any witnesses who can speak in your defense. In addition, your attorney will be able to introduce evidence that supports you. It’s possible that your lawyer will be able to persuade the panel at the hearing to drop the case against you, which means your license will be returned to you. However, if the panel still has doubts about your innocence, it will likely order a trial. In any event, it is vital to attend the hearing.

If Your Case Is Going to Trial

If your case goes to trial, your lawyer will continue building a defense for you. He will analyze evidence and contact expert witnesses. You may have a valid defense even if your blood alcohol content (BAC) exceeded the legal limit, so there is still hope even if your case is sent to the courts. Having an experienced Anaheim DUI attorney who is fully aware of all applicable laws will maximize your chances of success.

What You Should Know About the Breath Test

A lot of people believe that there is no effective defense against a failed breathalyzer test, but this is false. These tests are not infallible, as their accuracy can be compromised by a variety of factors, such as the weather, your unique physiology, and the competence of the officer administering the test. Even if you had alcohol in your system, the test may have brought back an exaggerated result. 

Breath tests are accurate only if you haven't had a drink within two hours
If you are returning from the bar, it’s likely that your last drink was less than two hours ago. This may result in a distorted breath-test result.  

Breath tests have an “acceptable” margin of error of .02%
This number may seem small, but it can be a major factor. This .02% margin of error can put you above the legal limit (.08%) when in fact your actual blood-alcohol level was within the acceptable range. For example, if your BAC is .06%, and the machine is off by .02%, you could be arrested.

Medicine, Weather Conditions, and Your Health Can Affect the Breath Test
A variety of physiological or environmental factors can lead to false positives. Therefore, it is important to inform your Anaheim DUI lawyer about any physical conditions or medications that may be relevant.

Officers are required to watch you continuously for 15 minutes prior to administering the test
To reduce the chance of a false positive, officers are trained to observe you for no less than fifteen minutes prior to administering the breath test.
The Law Office of Barry T. Simons is well versed in these aspects of DUI law, including the inadequacies of field sobriety testing. Often it’s possible to have this evidence thrown out of court, which makes it substantially more difficult for the arresting officer to prove that you were impaired by alcohol.

What Happens If You Are Convicted?

If you are convicted of DUI, your punishment will be dictated by certain guidelines, which adjust according to the particular circumstances of the crime and any prior convictions, among other factors. In general, however, the following guidelines will apply: 

If this is your first offense, your license could be suspended for four months, or one year if you refused a BAC test.

If this is your second or higher offense in a seven-year period, your license may be suspended for one year, or two years if you refused a BAC test.

If this is your third offense, and you refused to a BAC test, your license may be suspended for three years.

Again, your sentence can vary depending on the nature of the charges, the circumstances surrounding your arrest, and even the judge assigned to your case. As your Anaheim DUI lawyers, the Law Office of Barry T. Simons will help you defend yourself against the most serious consequences and sentencing measures that you face.  

Facing DUI charges can be very scary and intimidating for anyone. Nonetheless, educating yourself and hiring an experienced Anaheim DUI attorney will help you prepare the defense you need to avoid incurring the substantial penalties involved with a DUI conviction. 

Anaheim-area DMV:
Santa Ana DMV Office
1330 E. First St.
Santa Ana, CA  92701
(800) 777-0133

Anaheim-area courthouse:
Central Justice Center
700 Civic Center Drive West
Santa Ana, CA  92701

 

Get Driving Directions to our office

Call (949) 497-1729 for a free consultation.

 

Lawyers Court
260 St. Anns Drive
Laguna Beach, CA 92651

Phone: (949) 497-1729

   info@simonslaw.com

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