DUI Lawyer in Orange County
When someone
is arrested for a DUI in Orange County, the charges they face may depend on
what their blood-alcohol level is. You see, there are TWO DUI laws that the
District Attorney may charge a driver with. These two laws, well known to
experienced Orange County DUI Attorneys, are found in California Vehicle
Code Sections 23152(a) and 23152(b). The second law, 23152(b), prohibits anyone
from driving a vehicle when their blood-alcohol level is at or above a 0.08%. But
in the case where the driver has no alcohol in their system, or a low blood-alcohol
level, but does have drugs ’s in their system, whether legal or illegal drugs,
the prosecutor will charge the driver with violating C.V.C. Section 23152(a).
This section makes it illegal to drive with alcohol, drugs (DUI
drugs), or any combination
of alcohol or drugs, if the driver is unable to drive with the same care and
caution customary of a sober person.
So, in a
drug dui case, there is no set level of substance that the prosecutor can point
to in order to prove their case. This is why Costa Mesa DUI Lawyers have better success with drug DUI’s than with alcohol. Instead,
the DA must prove that the driver simply wasn’t sober enough to drive safely.
For example, Dan is pulled over at a DUI
checkpoint. The officer
smells alcohol coming from Dan and has him perform field sobriety tests. The
officer arrests Dan for DUI and, upon finding a Xanex prescription bottle in
Dan’s car, directs Dan to take a blood test. (an officer can make an arrestee
take a blood test instead of a breath test if there is evidence that the arrestee
may be impaired by drugs).
drug dui case, there is no set level of substance that the prosecutor can point
to in order to prove their case. This is why Costa Mesa DUI Lawyers have better success with drug DUI’s than with alcohol. Instead,
the DA must prove that the driver simply wasn’t sober enough to drive safely.
For example, Dan is pulled over at a DUI
checkpoint. The officer
smells alcohol coming from Dan and has him perform field sobriety tests. The
officer arrests Dan for DUI and, upon finding a Xanex prescription bottle in
Dan’s car, directs Dan to take a blood test. (an officer can make an arrestee
take a blood test instead of a breath test if there is evidence that the arrestee
may be impaired by drugs).
The results
of Dan’s blood test reveals a low blood-alcohol of
0.05%. But it also reveals the presence of Xanex within therapeutic ranges,
indicating Dan took Xanex as prescribed. The DA will not bring charges for
violating the 0.08% limit (C.V.C. Section 23152(b), but will likely charge Dan
with DUI under C.V.C. Section 23152(a). In order to convict
Dan of DUI, the prosecutor will have to prove that Dan was unfit to drive
because of the alcohol and Xanex in Dan’s system. Typically, there are two ways
to show this: 1) bad driving by the defendant and 2) bad performance on the
field sobriety tests.
of Dan’s blood test reveals a low blood-alcohol of
0.05%. But it also reveals the presence of Xanex within therapeutic ranges,
indicating Dan took Xanex as prescribed. The DA will not bring charges for
violating the 0.08% limit (C.V.C. Section 23152(b), but will likely charge Dan
with DUI under C.V.C. Section 23152(a). In order to convict
Dan of DUI, the prosecutor will have to prove that Dan was unfit to drive
because of the alcohol and Xanex in Dan’s system. Typically, there are two ways
to show this: 1) bad driving by the defendant and 2) bad performance on the
field sobriety tests.
In this
example, Dan’s Huntington Beach DUI Attorney will point out to the jury that
there was absolutely no bad driving by Dan—he was not stopped for bad driving,
but at a random DUI checkpoint. Moreover, Dan’s DUI Attorney will use the DA’s own expert witness to tell the jury about
all the bad driving symptoms that the National Highway Traffic Safety
Administration says should be present when someone is impaired; i.e., turning
with a wide radius, straddling the center lane marker, almost striking an object,
weaving, driving on other than designated roadway, swerving, slow speed (more
than 10 mph below limit), stopping without cause, drifting, following too
closely, tires on center or lane marker, braking erratically, driving into opposing
or crossing traffic, signaling inconsistent with driving actions, turning abruptly
or illegally, acceleration or decelerating rapidly, and headlights off at
night. Anaheim DUI Lawyers know that all DUI enforcement police
officers are trained to look for these specific driving patterns to indicate
that a driver is impaired. And where there is a lack of such “bad driving”, there
is a lack of evidence of drunk driving.
example, Dan’s Huntington Beach DUI Attorney will point out to the jury that
there was absolutely no bad driving by Dan—he was not stopped for bad driving,
but at a random DUI checkpoint. Moreover, Dan’s DUI Attorney will use the DA’s own expert witness to tell the jury about
all the bad driving symptoms that the National Highway Traffic Safety
Administration says should be present when someone is impaired; i.e., turning
with a wide radius, straddling the center lane marker, almost striking an object,
weaving, driving on other than designated roadway, swerving, slow speed (more
than 10 mph below limit), stopping without cause, drifting, following too
closely, tires on center or lane marker, braking erratically, driving into opposing
or crossing traffic, signaling inconsistent with driving actions, turning abruptly
or illegally, acceleration or decelerating rapidly, and headlights off at
night. Anaheim DUI Lawyers know that all DUI enforcement police
officers are trained to look for these specific driving patterns to indicate
that a driver is impaired. And where there is a lack of such “bad driving”, there
is a lack of evidence of drunk driving.
Without
evidence of bad driving, the District Attorney may be left with little evidence of
actual impairment. What’s left for the DA to focus on is the field sobriety tests. If the field sobriety tests are really bad, then this
may be enough to get a conviction for DUI. But if the tests are ambiguous, then
the DA may be in trouble. You see, even people with no alcohol or drugs in
their system often fail field sobriety tests. These tests often rely on a level
of balance, coordination and even athleticism that ordinary, drug and alcohol
free people don’t possess. If the field sobriety tests aren’t too bad, a
skilled Orange County DUI Attorney can often successfully attack the
results as not proving any impairment. Without any bad driving or bad field sobriety
test results, the DA will have a difficult time convicting a driver of DUI,
especially if the driver is represented by an experienced Newport Beach DUI Lawyer.
evidence of bad driving, the District Attorney may be left with little evidence of
actual impairment. What’s left for the DA to focus on is the field sobriety tests. If the field sobriety tests are really bad, then this
may be enough to get a conviction for DUI. But if the tests are ambiguous, then
the DA may be in trouble. You see, even people with no alcohol or drugs in
their system often fail field sobriety tests. These tests often rely on a level
of balance, coordination and even athleticism that ordinary, drug and alcohol
free people don’t possess. If the field sobriety tests aren’t too bad, a
skilled Orange County DUI Attorney can often successfully attack the
results as not proving any impairment. Without any bad driving or bad field sobriety
test results, the DA will have a difficult time convicting a driver of DUI,
especially if the driver is represented by an experienced Newport Beach DUI Lawyer.
If you are
accused or DUI in Orange County, call The
Law Offices of EJ Stopyro at (949)
559-5500 today for a free and confidential telephonic consultation. You can
also visit us online at www.ejesquire.com.
We have meeting offices throughout Orange County and our main offices is
located at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano,
CA 92675.
accused or DUI in Orange County, call The
Law Offices of EJ Stopyro at (949)
559-5500 today for a free and confidential telephonic consultation. You can
also visit us online at www.ejesquire.com.
We have meeting offices throughout Orange County and our main offices is
located at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano,
CA 92675.
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