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Providing DUI Defense for La Palma, CA:

Arrested for DUI in La Palma?

If your arrest for DUI in Palma is your first offense of its kind, you are probably feeling scared and unsure about what to do next. The most urgent matter that you will need to deal with is in scheduling your hearing. Your driver’s license will be taken at the time of your arrest, and the hearing is your only resource for getting it back. The time limit of ten calendar days is a short period to work with, and you will need to start by hiring a knowledgeable La Palma DUI lawyer to request a DMV hearing on your behalf.

In addition to having your license suspended, if you fail to respond within the allowed time frame, you may also be subject to further action. Failing to schedule your hearing may result in an extended loss of driving privileges. It is your obligation to act quickly to find an experienced La Palma driving under the influence lawyer to prepare a good defense for your DUI case.

What You Need to Know Now

The temporary license that you receive at the time of your arrest is valid for 30 days. If you fail to act promptly and schedule your hearing, this license will expire on time and you will not be able to drive. This does not only apply to your being unable to drive in California, but it may also result in a suspension of your driver’s license in your home state if it gets reported there.

A hearing is not a trial. It is the first line of defense for your La Palma DUI attorney to present crucial evidence in your favor and also to look at the evidence that is being presented against you. Your La Palma DUI Defense Lawyer will use his knowledge of the La Palma DUI laws and those that apply to Orange County to attempt to discredit the evidence and witnesses against you. Regardless of the end result of the hearing, it is essential that you schedule a DMV hearing to avoid stiffer penalties and the loss of your driver’s license.

If You Go to Trial

Once the decision is made to send your case to trial, your La Palma DUI lawyer will continue to work on collecting evidence and witnesses. Expert witnesses may also be called to assist in your case. If your breath alcohol reading was higher than the legal limit, your La Palma DUI Attorney will look at the many different events and circumstances that can produce an elevated reading. The more knowledgeable your La Palma driving under the influence attorney is about the DUI laws and the evidence that may be used, the more positive the outcome may be in the event your La Palma DUI case were to go to trial.

About the La Palma Breath Test

Even though the breath test may have resulted in a reading that was above the legal limit and resulted in an arrest, it is not conclusive evidence that you were legally intoxicated or above the legal limit. Various factors can increase the reading or even produce ones when you were not even drinking. Your La Palma DUI attorney will know all of the factors that can result in inaccurate BAC readings and use this information to have the evidence in your case dropped.  

Readings of .08% or .09% fall within the margin of error that is acceptable for the breath test, which is .02%. For readings that are higher, there are additional factors that may have contributed, including medications and/or health conditions. Many of these are known to affect the results of the breath test, and could be the explanation for a false positive reading.

Additionally, the officer may not be very experienced in administering the breath test and lack the necessary skills to do so properly. Your La Palma DUI lawyer may use the DMV hearing to interview the arresting officer in order to determine if all of the requirements were met.

If You Are Convicted

If your attorney is unable to get your case dropped due to insufficient or inaccurate evidence, you may get convicted. Your La Palma DUI lawyer will be able to outline the possible degrees of punishment you are likely to receive for your case and tell you the steps you need to take in order to prevent having the harshest punishment realized.

 

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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