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Arrested for DUI in Santa Ana?

If you’ve been charged with DUI, you must act quickly. From the moment of your arrest, you have only ten days to locate a Santa Ana DUI lawyer to begin preparing a defense on your behalf. This process includes contacting the DMV to schedule a hearing. Failure to meet this deadline can trigger severe consequences: Your driver’s license will be suspended, and you may be hit with additional penalties, such as a jail sentence and large punitive fines. For that reason, it is important to contact a Santa Ana DUI attorney right away.

Most people believe they’ll never have to contend with a DUI charge. They tell themselves that they’re safe drivers who can maneuver a car expertly even after a few drinks. The reality is that anyone who drinks and drives, no matter how cautiously, is in danger of being pulled over on suspicion of DUI. That’s why you should inform yourself in advance about your options in a case like this—what you must do and who you should contact. Educating yourself in this manner will substantially boost your odds of successfully defending yourself against these charges if disaster should strike.

 

What You Need to Know Now

The clock starts ticking as soon as you are arrested. At that time, the officer will take your driver’s license and give you a temporary license that can be used for only thirty days. You will have only ten days after the arrest to schedule a court hearing in your defense; this is the only way to prevent the automatic suspension of your temporary license after the 30-day period has elapsed. In addition, if you fail to request a hearing, you may be jailed and/or hit with huge fines. To put it simply, there is no time to lose.

The hearing is the first opportunity you will have to defend yourself against DUI charges. At the hearing, your attorney will present the judge with evidence that supports your case; they will also have a chance to examine the evidence against you. It’s possible that your Santa Ana DUI lawyer will be able to persuade the court to set aside the suspension of your license, but you may still have to go to trial to be cleared of the charges against you.

If Your Case Goes to Trial

The trial could be viewed as the continuation of the DMV hearing. By contacting a Santa Ana DUI attorney immediately after your arrest, you give them the maximum amount of time possible to put together your defense. Even if you have been accused of having a blood alcohol content (BAC) level well above the legal limit, it’s possible to build an effective defense. We understand that breath test results are often inaccurate and may be easily misinterpreted by inexperienced officers. Hiring a lawyer who has extensive knowledge of these tests, including their shortcomings, can mean the difference between conviction or dismissal of the charges against you. The legal professionals at the Law Office of Barry T. Simons are aware of these issues and can provide the defense you need.

 

What You Need to Know About the Santa Ana Breath Test

The breath test reading taken at the time of the arrest is one of the most important pieces of evidence that will be presented at your trial. As your Santa Ana DUI lawyers, we will take a close look at this test. We understand that breath test machines can produce inaccurate results, and that there are other factors that can lead to false positives. People are not all alike; they have different physiologies, and it’s possible for a test to indicate intoxication when in fact the driver was below the legal blood alcohol limit.

Most people do not realize that a breath test won’t produce accurate results if the driver has had a drink within two hours of the testing. That’s because breath test devices report results based on the assumption that the tested person has absorbed all the alcohol that they drank. The presence of alcohol on the mouth can fool the testing equipment into producing a false result.

Another aspect of breath tests that is often overlooked is the 15-minute period in which the officer should observe the driver prior to administering the test. This is intended to keep the alcohol on the mouth from interfering with an accurate BAC reading. If the officer skips or shortens this observation period, the test loses much of its value as evidence against you.

There are other factors that might lead to inaccurate breath tests. The testing machine itself may have been calibrated or maintained improperly. Sometimes the officer forgets to take into consideration the device’s .02% margin of error. As a result of one or more of these factors, a significant number of people are falsely charged with DUI every year. The experienced Santa Ana-area DUI attorneys at the Law Office of Barry T. Simons know this and will be to mount an effective defense.

To avoid a DUI conviction and the penalties associated with it, it’s vital to hire a Santa Ana DUI lawyer who can present evidence that warrants a dismissal or reduction of charges. The penalties you face depend the number of prior offenses and other factors. The professionals at the Law Office of Barry T. Simons will advise you as to the possible outcomes of your DUI case. To get started, contact us today. Remember: It’s essential to act quickly.

 

Discovery Items

Santa Ana Police Department has Dispatch Audio.

Orange County DMV
790 The City Drive, Suite 420

Orange, CA 92868

Santa Ana Courthouse
Central Justice Center
700 Civic Center Drive
West Santa Ana, CA 92701

 

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By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.