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Providing DUI Defense for Tustin

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Arrested for DUI in Tustin?

The Tustin Police Department has video cameras installed in their patrol vehicles.  As a result, the enforcement stop, the field sobriety tests and any breath test given in the field are recorded.  An experienced DUI defense attorney can obtain these tapes and review them and find ways to challenge police procedures and evidence which can help your defense at both the DMV and in Court.

When you are arrested for driving under the influence in Tustin, things start to happen quickly! Your permanent license is taken away, a temporary license valid for 30 days is given in its place, and you are given 10 calendar days to contact our Tustin DUI lawyer at the Law Office of Barry T. Simons and schedule your DMV hearing in order to keep from having your license suspended. As confusing and scary as a DUI arrest can be, it is imperative that you remain focused on what is needed and have your DMV hearing scheduled on time.

Since most people aren’t prepared ahead of time for an arrest for driving under the influence, they might not have the knowledge about how to choose a Tustin DUI attorney who is right for them. There are many lawyers out there who claim to be DUI specialists who are not. In order to ensure that you get the best possible defense, you will want a Tustin driving under the influence attorney who is specializes in DUI charge defense and has the history to prove it.  Please contact us for a free consultation at the Law Office of Barry T. Simons.

Facts You Need to Know

Although the hearing is essential for protecting your driving privileges, it is not the same as a trial. Depending on the outcome of the hearing, it is the first look at the evidence on both sides of the DUI arrest and where one of our experienced Tustin DUI Attorneys can determine whether there is sufficient evidence to proceed to trial or whether your case should be negotiated with the Orange County District Attorney’s Office.

The best chance for you to have your case dropped is by having an expert Tustin DUI lawyer who is familiar with the DUI laws in Tustin and in Orange County. The attorneys at the Law Office of Barry T. Simons will evaluate the evidence in your case and challenge the charges and circumstances that might have led to your arrest.

If You Go to Trial

After investigating your arrest in Tustin our firm’s strategy may include finding expert witnesses who can help with your case. If you took a breath test and had a Blood Alcohol Content (BAC) that is over the legal limit, your Tustin DUI Lawyer will consider the circumstances that may have resulted in a false positive reading or one that was higher than accurate. A positive breath test does not always mean that you will be convicted of a DUI just because you were arrested for DUI.

What You Need to Know About the Tustin Breath Test

There are many different reasons that the results of the breath test may not be accurate and why a positive test result is not the determining factor in your guilt. A Tustin driving under the influence lawyer familiar with the conditions that can cause an inaccurate breath test result will know what to look for and what to use as evidence in your defense.

Even when it is working at its best and the operator administered the test correctly, there is still a .02 variation that can affect the reading. This “acceptable” margin of error is a very significant one for those individuals whose BAC was the legal limit of 0.08%.  When you consider the .02 variable, your real BAC might have been 0.06% or 0.07%, which is below the legal limit.

There are also various factors about each individual that may influence the breath test results. Some health conditions and/or medications can affect the results and they are legitimate legal reasons for invalidating your breath test. Other factors include failing to wait the 15 minutes required by law before administering the breath test. The time of the last drink in relation to the breath test may also be a factor.

The legal team at the Law Office of Barry T. Simons will inquire if you have any health conditions that appear on the long list of those that are valid legal arguments for your Tustin DUI arrest. If you are taking any medications, this could lend to additional defenses to win your Tustin DUI.

What to Expect If You Are Convicted

If the result of the trial is a conviction, there are some guidelines that will, in part, determine your punishment. Various factors will also play a role in determining the severity of your punishment including the severity of the circumstances and the number, if any, of previous convictions.

Preparing ahead in case you are ever arrested for DUI in Tustin will save valuable time looking for a qualified Tustin DUI lawyer and will help you avoid a conviction that will have a lasting impact on your life.

 Discovery Items

Tustin Police Department has Patrol Videos and Jail Videos.

Orange County DMV Office

790 The City Drive, Suite 420

Orange, CA 92868


Tustin 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.

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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”.