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Providing DUI Defense for Brea, CA:

Arrested for DUI in Brea?

After you have been arrested on charges of driving under the influence, you have no time to lose. The clock begins to tick immediately—you will be granted only ten calendar days to schedule a court hearing so you can properly defend yourself against the charges. What happens if this fails to happen within the allotted 10-day period? Your license will be automatically suspended. You will also be exposed to additional penalties, which may include a jail sentence and huge fines. So don’t wait—not only do you want to avoid all those penalties for failing to act in time, you also need to give your Brea DUI attorney enough time to schedule a hearing and build a case for you.

A lot of people don’t bother seeking out a DUI lawyer in advance because they’re certain they’ll never get arrested for this offense. Every year, a significant number of people find out the hard way that they were quite mistaken. Even cautious drivers who never drive under the influence can be pulled over by an officer who believes they have valid cause to suspect them of being intoxicated. Finding a suitable lawyer can take time—and time is what you don’t have if you’re facing DUI charges. Lining up the right Brea lawyer who can handle your case properly can make the difference between a successful defense and sustaining huge court-imposed penalties.

What You Need to Know Now

When you are arrested, the officer will take your driver’s license and give you a temporary one that will expire in 30 days. Bear in mind that you have only TEN days to file a hearing to prevent the automatic suspension of the license at the end of that 30-day period. After the suspension, your case will then be referred to the courts for further action.

The hearing is NOT your trial. The hearing will give your lawyer the chance to mount an initial defense for you. Among other things, your attorney may interview the arresting officers and any witnesses at the scene. They can also introduce evidence in your defense and present witnesses who will testify on your behalf. Sometimes your lawyer will be able to persuade the panel to drop the case against you. If not, the case will be sent to trial, where you will have another opportunity to defend yourself. In any event, the hearing is extremely important and should not be ignored.

If Your Case Is Going to Trial

If the panel sends your case to court for a trial, your Brea lawyer will continue working on your defense, locating witnesses, examining evidence, and/or calling expert witnesses. Even if your blood alcohol content exceeded the legal limit, it’s still possible to emerge victorious from the courtroom. You stand your best chance with an experienced attorney who understands the DUI laws that apply in Orange County. That’s why you should contact the Law Office of Barry T. Simons.

Facts You Should Know About the Breath Test

Many people believe that it’s impossible to defend against a failed breathalyzer test. What they fail to realize is that there is a body of evidence that shows these tests are often unreliable, as they can be influenced by an array of factors including but not limited to the weather, the competence of the administering officer, and your own unique physiology. Even if you had alcohol in your system, the test may have inaccurately measured the exact level present.

Breath tests are accurate only if you haven't had a drink within two hours
            This isn’t widely known, but it is one aspect of field sobriety testing that can save you from heavy penalties if it can be shown that this fact wasn’t taken into consideration. People returning from a bar probably had their last drink less than two hours earlier.

Breath tests have an “acceptable” margin of error of .02%
            It sounds like a tiny number, but this is another potentially important factor that can be used in your defense. The .02% margin may make the difference between being above or below the legal limit of .08%. Some people are arrested and charged with DUI even though their blood alcohol content (BAC) was within the limit.

Medicines, health conditions, and even the weather can distort the breath test
            No two people are exactly alike. Some medications or health conditions may trigger a false positive even though your BAC is under the limit. For this reason, you need to inform your Brea DUI attorney about any medications and physical conditions that may have led to a false reading.

Officers are required to watch you continuously for 15 minutes prior to administering the test
            In order to avoid a false positive, officers must observe you for fifteen minutes before administering the breathalyzer. If they fail to comply with this requirement, it may compromise the test’s accuracy. 

The legal professionals at the Law Office of Barry T. Simons have years of experience with these issues and can invoke the fallibility of BAC testing to have part or all of the evidence against you thrown out.

What Happens If You Are Convicted

If you are convicted of DUI, the severity of your punishment is dictated by certain guidelines. These depend on any prior convictions you may have, the nature of the circumstances that led to your arrest, and certain other factors.

If you are of legal driving and drinking age, and this is your first offense, your license could be suspended for four months. (One year if you refused to submit to a BAC test.)

If you are of legal driving and drinking age, and this is your second or higher offense in seven years, your license could be suspended for one year. (Two years if you refused to submit to a BAC test.)

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

Again, your sentence will vary according to the particular circumstance of your case. Your Brea lawyer will be able to tell you more about possible outcomes of your case and what you can do to avoid serious penalties.

DUI charges are no laughing matter. This can be a scary time for persons who find themselves facing potential jail time and heavy fines. However, contacting an experienced DUI attorney will maximize your chances of beating these charges and resuming your lifestyle as before. Call us today—we’re here to help you. 

Brea-area DMV
Fullerton DMV
909 W. Valencia Drive
Fullerton, CA  92832

Brea-area courthouse:
North Justice Center
1275 North Berkeley Avenue
Fullerton, CA  92832-1258

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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