Orange County DUI Lawyer
DUI enforcement has become a major concern for many
police departments and law enforcement agencies across the nation. In Orange
County, police departments as well as the Orange County Sheriff’s Department
and the CHP, routinely put “DUI saturation patrols” and use DUI checkpoints on
weekends and holidays. Moreover, police officers are motivated to remove drunk
drivers and even potential drunk drivers from the road. Now, we can all
understand removing actual drunk drivers from the road. But what’s this about “potential”
drunk drivers? Well, a potential drunk driver is someone who may or may not be
impaired by drugs, alcohol, or both such that they cant drive safely. These
drivers COULD be guilty of DUI but they might also NOT be guilty of DUI.
Police and
law enforcement officers are trained to detect drunk drivers by looking for
specific patterns, behaviors, and physical and mental symptoms of the driver.
Driving behaviors such as straddling lane markings, making wide turns, driving
too slowly, braking or signaling inappropriately, driving with headlights off,
weaving, inconsistent speed, and others are specifically mentioned by The
National Highway Traffic Safety Administration (NHTSA) in their police training
manuals as being correlated to impaired or drunk driving. DUI Attorneys in Orange County will often create a defense on the
fact that these behaviors were NOT seen by the arresting officer.
law enforcement officers are trained to detect drunk drivers by looking for
specific patterns, behaviors, and physical and mental symptoms of the driver.
Driving behaviors such as straddling lane markings, making wide turns, driving
too slowly, braking or signaling inappropriately, driving with headlights off,
weaving, inconsistent speed, and others are specifically mentioned by The
National Highway Traffic Safety Administration (NHTSA) in their police training
manuals as being correlated to impaired or drunk driving. DUI Attorneys in Orange County will often create a defense on the
fact that these behaviors were NOT seen by the arresting officer.
NHTSA
material is extensively relied upon by law enforcement training in Orange
County. This NHTSA material instructs officers on how to perform specific field
sobriety tests and to look for specific behavior from a driver during a DUI
investigation. Officers are told to attempt to detect the odor of alcohol
coming from inside the car or from the driver. They are also told to see if the
driver fumbles with their wallet or purse when retrieving their license and
registration. Speech is also important; cops are told to listen for a slur,
slowness, clarity, etc. Also, they are told to see if the eyes are red or watery.
material is extensively relied upon by law enforcement training in Orange
County. This NHTSA material instructs officers on how to perform specific field
sobriety tests and to look for specific behavior from a driver during a DUI
investigation. Officers are told to attempt to detect the odor of alcohol
coming from inside the car or from the driver. They are also told to see if the
driver fumbles with their wallet or purse when retrieving their license and
registration. Speech is also important; cops are told to listen for a slur,
slowness, clarity, etc. Also, they are told to see if the eyes are red or watery.
If a cop
conducts a DUI investigation and is still UNSURE as to whether the driver may
be impaired after the investigation, then this driver is a “potential” drunk
driver. If the officer doesn’t have a portable breath teat to ask the driver to
voluntarily take, then the officer will be unsure of what the person’s
blood-alcohol level is. When faced with this situation, many officers will
arrest the driver, just to be on the safe side. If the driver’s blood or breath
test at the station reveals a low blood alcohol level, then it is likely that
the District Attorney will not file charges in the case. But what about the
arrest? Will the arrest still be on the driver’s record? Well, any DUI Lawyer in Orange County will tell you that the arrest should be changed to a “detention”
on all official records.
conducts a DUI investigation and is still UNSURE as to whether the driver may
be impaired after the investigation, then this driver is a “potential” drunk
driver. If the officer doesn’t have a portable breath teat to ask the driver to
voluntarily take, then the officer will be unsure of what the person’s
blood-alcohol level is. When faced with this situation, many officers will
arrest the driver, just to be on the safe side. If the driver’s blood or breath
test at the station reveals a low blood alcohol level, then it is likely that
the District Attorney will not file charges in the case. But what about the
arrest? Will the arrest still be on the driver’s record? Well, any DUI Lawyer in Orange County will tell you that the arrest should be changed to a “detention”
on all official records.
California
Penal Code Section 851.6(b) says that when a driver is arrested for DUI, but
the prosecutor doesn’t file charges against the driver, then the driver shall
be issued a certificate by the law enforcement agency that arrested them, describing
the action as a “detention” and NOT an arrest. Moreover, the law says that “any
reference to the action as an arrest shall be deleted from the records of the arresting
agency and of the Bureau of Criminal Identification and Investigation of the Department
of Justice.” However, even though the law mandates this, it is not always
carried out automatically. If you have been arrested for DUI and no charges
were filed, you or your DUI Attorney should send a letter to the
arresting agency telling them that no charges were filed in the case. This is
usually enough to ensure that the law is complied with.
Penal Code Section 851.6(b) says that when a driver is arrested for DUI, but
the prosecutor doesn’t file charges against the driver, then the driver shall
be issued a certificate by the law enforcement agency that arrested them, describing
the action as a “detention” and NOT an arrest. Moreover, the law says that “any
reference to the action as an arrest shall be deleted from the records of the arresting
agency and of the Bureau of Criminal Identification and Investigation of the Department
of Justice.” However, even though the law mandates this, it is not always
carried out automatically. If you have been arrested for DUI and no charges
were filed, you or your DUI Attorney should send a letter to the
arresting agency telling them that no charges were filed in the case. This is
usually enough to ensure that the law is complied with.
For any
questions concerning DUI charges in Orange County call The Law Offices of EJ
Stopyro at (949) 559-5500 or visit us at www.ejesquire.com.
We have offices at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at
32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.
questions concerning DUI charges in Orange County call The Law Offices of EJ
Stopyro at (949) 559-5500 or visit us at www.ejesquire.com.
We have offices at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at
32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.
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