Orange County DUI Lawyer
DUI Attorneys in Orange County
If you are stopped and arrested for drunk driving in Orange
County, then you face possible consequences from both the Orange County court
AND the DMV. If the results of your evidentiary breath test or blood test come
back below a 0.08%, the DMV will NOT impose an APS suspension against you. In
this case, if you can resolve your court charges with something other than a
DUI, such as a wet reckless, dry reckless, exhibition of speed, or a dismissal,
then you will avoid a suspension altogether. If your BAC is 0.08 or higher,
then you face a battle on two fronts.
The court proceedings are to determine whether you can be
found GUILTY of the crime of DUI and punished with jail, fines and an alcohol
program. The DMV hearing is a civil proceeding to determine whether the DMV has
grounds to suspend your license. For the most part, the proceedings are separate
and have no bearing on each other. DUI lawyers know all too well that it is
possible to win in one proceeding and lose in the other. The one exception is
that a NOT GUILTY verdict in a DUI trial also requires the DMV to set aside the
suspension and give you your license back.
In the court proceedings, the District Attorney (DA) must
prove their DUI case beyond a reasonable doubt in order to convict you of a DUI.
At the DMV hearing the evidentiary standard is much lower—the DMV need only
prove its case against you by a preponderance of the evidence. In court, twelve
independent civilians (jurors) must ALL agree that the DA has proved their case
beyond a reasonable doubt. At the DMV hearing, a DMV employee sits as BOTH
judge and as prosecutor. There is NO jury: the DMV employee gets to decide if
he or she has proved their case by a preponderance of the evidence.
Moreover, the rules of evidence are very “relaxed” in a DMVhearing. Where in a criminal trial the defendant has the right to personally
confront witnesses against them, no such right exists in a DMV hearing and
hearsay that would be inadmissible in a courtroom is routinely allowed as
evidence in a DMV hearing. These lopsided rules make it important to have a
skilled Orange County DUI attorney represent you at the DMV hearing. Even for a
veteran DUI lawyer these hearings are difficult to win.
If you have been arrested for a DUI it is important that you contact an Orange County DUI defense lawyer as soon as possible. For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com. For more information on the difference between the DMV hearing and the court proceedings click HERE.
Law Offices of EJ Stopyro
DUI Lawyers in Orange CountyOrange County DUI Attorney
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