DUI Attorney in Orange County

DUI Defense: Tolerance Can Make A Difference

When the DA in Orange County charge a person with DUI or DUI with injury, they allege a violation of TWO laws: the first, C.V.C Section 23152(a), makes it a crime to drive when you are too impaired by alcohol or drugs to drive safely, regardless of what your blood-alcohol level was. Under this law, for example, a person who blew a 0.06% on a breath test could still be found guilty of a DUI if the prosecutor can convince a jury that the driver was too impaired to drive safely.

The second charge in a typical DUI case is a violation of C.V.C. Section 23152(b). This law makes it a crime to drive with a blood-alcohol level of 0.08%, even if the driver is not impaired at all by the alcohol. Sometimes, in a DUI case, the driver’s Orange County DUI Attorneys can get the blood-alcohol evidence suppressed—which means the DA can’t use it at trial. In that case, and in cases where drivers are charged with drunk driving but who have blood-alcohol levels below a 0.08%, the issue of TOLERANCE can be very important. Orange County DUI lawyers know that in these cases tolerance can be instrumental in getting a “not guilty” verdict.

You see, research proves that many people develop a tolerance to the effects of alcohol. Although not everyone who drinks heavily does develop it, studies prove that many heavy drinkers DO develop it. Research shows that those who have developed tolerance can, with a BAC around the legal limit, perform nearly as well on field sobriety tests as “regular people” who have no alcohol in their system. A skilled Orange County DUI Lawyer will make sure that an expert witness explains the importance of tolerance to the jury at the DUI trial. Of course it is preferable to have the prosecution’s own expert witness educate the jury on the issue of tolerance through thorough cross-examination.

If you have been arrested for DUI in Orange County and would like to discuss the penalties, court proceedings, and your options, call the Law Offices of EJ Stopyro today at (949) 559-5500. You can consult with an experienced Orange County DUI Attorney over the phone and the consultation is free and confidential. Or visit our website at www.EJEsquire.com.