DUI Charge: The Civilian Witness

Orange County DUI Attorney

In a DUI or DUI with injury case, especially when the blood-alcohol level is close to the legal limit, a civilian sobriety witness can make all the difference. It is well settled in California law that a “regular person” can give opinion testimony concerning the state of sobriety of another person. It is fairly common experience for us all to see people in various states of intoxication and impairment. Therefore, when a defendant faces charges of being too impaired to drive, the defendant’s Orange County DUI Lawyer can solicit the testimony of civilian witnesses who saw the defendant at the time in question.

For example, if the defendant went out for dinner and drinks with a business associate and the defendant was arrested for DUI on the way home, the defendant’s DUI Lawyer in Orange County could present several sobriety witnesses at the defendant’s DUI trial. Such witnesses could include the defendant’s business associate, who could testify to what the defendant drank and ate and what affects the alcohol had on defendant’s mental and physical abilities. Moreover, if the business associate rode home with the defendant, they could even testify about whether the defendant’s driving was affected by the alcohol and how the defendant performed on the field sobriety tests.

Other sobriety witnesses that the defendant’s DUI Attorney in Orange County may call include the waiter, bar tender, valet, and anyone else who saw or heard the defendant before he or she drove. Other important sobriety witnesses in a DUI case include people who saw defendant shortly after the arrest, such as the bail bondsman or other friend or relative who picked defendant up from jail. This testimony can be extremely important in a RISING DEFENSE case. Sobriety witnesses in a drunk driving case use their common sense observations to relate to the jury the state impairment, or non-impairment, of the defendant. These witnesses can tell a jury whether the defendant was slurring their speech; whether they had red or watery eyes; whether they had difficulty maintaining their balance; whether they fumbled with their keys or wallet; and a host of other indicators of impairment in a DUI case.

Obviously, the best sobriety witnesses at a DUI trial are those people who are “neutral” with respect to the defendant—not the defendant’s friend or relative. Orange County DUI lawyers know that at a DUI trial jurors tend to believe people such as waiters, bar tenders, and bystanders just for that reason—they have absolutely no reason to lie. In fact, in a DUI case, these witnesses can be even more believable that police officers, who almost always tend to be biased against the defendant.

If you have been arrested for driving under the influence of alcohol or drugs and would like to discuss your case with an experienced DUI Lawyer in Orange County, call the Law Offices of EJ Stopyro at (949) 559-5500. The consultation if free and absolutely confidential. Or visit our website at www.EJEsquire.com.

          Orange County DUI Attorneys

 

The Driver’s License Suspension: No Room To Negotiate

DUI Lawyer in Orange County

When a driver is arrested for a DUI in Orange County, they face the probability of a license suspension. Of course, there are actually TWO license suspensions that arise from a DUI: the first is the APS suspension (Administrative Per Se). This suspension is imposed if your Orange County DUI Lawyer loses the DMV hearing or it is imposed automatically if you or your DUI lawyer didn’t request a hearing. The Conviction Suspension is imposed if you plead guilty or are found guilty of a DUI in court. In that case, the court notifies the DMV and the DMV imposes the suspension. Typically, the two suspensions run together or concurrently.

The length of the suspension will depend on whether you have any prior DUIs or if you refused to take a blood or breath test. Talk to your DUI Attorneys in Orange County for the exact length in your case. For most suspensions, the driver is allowed to get a restricted license after a certain amount of time and if the driver does specific things, such as enroll in an alcohol program, have their insurance company send an SR-22 (proof-of-insurance) to the DMV, and install an Ignition Interlock Device (breath-testing machine) in their car. However, for a refusal, no restricted license is allowed.

Unfortunately, many people are under the impression that they can get a restricted license without serving any period of suspension if they really need to drive for work or for school. “But I’ll lose my job” clients will say. “Can’t we negotiate with the DMV?” they will ask. The answer is “NO”. There is no negotiating with the DMV, and it is exclusively the  DMV that suspends your license—not the court. The length of suspension is absolutely black and white and there is virtually no room to stray. The DMV understands that you may lose your job or that you may simply NEED to drive. But the law is the law and there is no flexibility whatsoever when it comes to DMV suspensions.

The only way to avoid the suspension in your case is for your DUI Lawyer in Orange County to win the DMV hearing and get an order of “set aside” from the DMV. But that is only half the battle. Even if your DUI attorney wins at the DMV, you will still be suspended if you lose in court. So to avoid a suspension altogether, you must win at the DMV and in court. Of course, there IS room to negotiate in court. For example, if your DUI Attorney wins at the DMV, they can negotiate a wet reckless plea in court, which would NOT result in any suspension.

If you were arrested for a DUI and would like some advice from experienced Orange County DUI Attorneys, call the Law Offices of EJ Stopyro at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

DMV Driver’s License Suspension: 4th Offense DUI

DUI Attorney in Orange County

Aside from the extremely harsh penalties imposed for a fourth-offense DUI through the court proceedings, a person convicted of a fourth-offense DUI also faces suspension of their driving privileges by the DMV. Your DUI Lawyer in Orange County will tell you that there are actually TWO suspensions that result from a DUI. The first is an administrative suspension and is mandated by Vehicle Code Section 13353.2. This suspension will start 30 days after the date of arrest UNLESS the arrestee or their Orange County DUI Lawyer requests a hearing. In that case, the administrative suspension will not start until and unless the defense lawyer loses the hearing.

If your DUI Lawyer in Orange County loses the  DMV hearing, (which happens most of the time), the DMV will send a letter to both the arrestee and the arrestee’s DUI lawyer telling them that the suspension will be imposed on a particular date. (Typically, the suspension begins within a week or two of receipt of the letter.) The second suspension is called a “conviction suspension” and is mandated by Vehicle Code Section 13352. The conviction suspension is triggered when the court notifies the DMV that the arrestee has pled guilty or has been found guilty of a DUI. The DMV will then send a notice of suspension to the arrestee (but not the arrestee’s  Orange County DUI Attorney) .

The administrative license suspension for a fourth DUI is only for one year. However, the conviction suspension for a fourth-offense DUI is a FOUR YEAR REVOCATION. Although this sounds ominous, the driver can actually apply for a restricted license after serving one year of the revocation. A “restriction” allows the driver to do any “work related” driving, drive to and from school, and drive to and from the alcohol program. California Vehicle Code Section 13352(7) allows for such a restriction when the driver does the following:

1)      Completes 12 months of the 18-month alcohol program;

2)      Has an Ignition Interlock Device (IID) installed in their car. (breath-testing device)

3)      Maintains the IID for the remaining three years of the initial revocation period;

4)      Provides the DMV with proof of financial responsibility (SR-22) for the remaining three years; and

5)      Pay a reissue fee to the DMV.

If the driver meets these requirements, the restriction will remain in effect for the remaining three years.

If you face charges for DUI in Orange County and would like a free consultation call the Orange County DUI lawyers at the Law Offices of EJ Stopyro at (949) 559-5500. The consultation is completely confidential. Or visit our website at www.EJEsquire.com.

DUI Court Program Instead Of Jail?

DUI Attorneys in Orange County

Although the Orange County court system is known by DUI Lawyer in Orange County for being tough on drunk driver’s, the system does have its softer side. Orange County helped pioneer a movement in the courts to get repeat DUI offenders help for their underlying alcohol or substance abuse instead of punishing them. The DUI court program is a collaborative project with the Probation Department, District Attorney, County Health Care and the Public Defender all working together to try to reduce the number of repeat DUI offenders.  The program emphasizes maintaining a stable living environment, employment and/or education, and keeping strong family.

The DUI court program requires extensive group and individual counseling, random testing at any hour of the day or night for alcohol or drugs, routine court appearances, and a commitment to sobriety. Orange County DUI Attorneys know that any mandatory jail time, such as the mandatory 120 days of custody for a third-offense DUI, can be served as “home confinement”, during which time the participant must wear a GPS and alcohol-monitoring device. The following is an actual case result for the Law Offices of EJ Stopyro:

In People v. Jose S., Jose was stopped for numerous traffic violations, including speeding and swerving in and out of his lane.  During the DUI investigation, the officer noted Jose’s speech was heavily slurred, he smelled strongly of alcohol and he failed all of the field sobriety test he could complete. Both blood and breath tests revealed a blood-alcohol level of .22%. (Nearly three times the legal limit) Jose had two prior DUI convictions within the past ten years and was on probation for the most recent DUI.

The DA’s best offer to Jose’s Orange County DUI Lawyer was for Jose to serve one year in the Orange County jail. In the judge’s chambers, Mr. Stopyro persuaded the judge that Jose, an otherwise upstanding citizen with no non-dui criminal history, would be a good candidate for the DUI court program. The judge granted Jose’s DUI Attorney Stopyro’s request and Jose was admitted to the DUI court program instead of jail.  Jose was able to live at home with his family and work during the day while attending counseling in the evenings. Jose agreed to test regularly for alcohol, do some community service and serve 120 days of home confinement.

If you face charges for a DUI and possibly jail time, call the Law Offices of EJ Stopyro today at (949) 559-5500 to talk to an experienced DUI Lawyer in Orange County about the DUI court program. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.
Orange County DUI lawyers

 

The Preliminary Hearing (Part 3): When It Must Be Held

Orange County criminal defense lawyers

When someone is arrested for domestic violence, drug sales, or any other felony offense, they have the right to a preliminary hearing within ten court days of the arraignment or of the time they enter a plea, whichever occurs later. (California Penal Code Section 895b). Moreover, they have the right to competent representation by a criminal defense attorney. Court days doesn’t include weekend or national holidays. This ten-day rule applies whether the person arrested is in custody or has been released on bail.

The ten-day rule can also be “waived”, which means that the defendant gives up the right to have the hearing within ten days. Both the defendant and the District Attorney must waive the right. Also, a judge can set a preliminary hearing beyond the ten court days if the judge finds “good cause” to do so and states that good cause on the record. In most cases, the defendant’s Orange County criminal defense attorney will advise the defendant to waive the right if the defendant is out of jail. This gives the domestic violence Attorney in Orange County more time to prepare for the preliminary hearing—review all the reports generated in the case, interview witnesses, and review physical evidence such as videos or audio recordings. At any rate, the law requires that the defendant’s defense lawyer have at least two days to prepare for the hearing.

If the preliminary hearing does not happen within ten court days and the defendant did not waive time, then if the defendant is in jail the case must be dismissed if there is no good cause for the delay. Clerical errors or neglect by the D.A. does NOT constitute good cause. If the defendant is not in jail, the case will only be dismissed if the defendant’s Orange County drug defense lawyer can show that the delay prejudiced the case. This is usually difficult to show and an example would be that evidence has been lost or a witness has disappeared.

If the defendant does waive the right to a preliminary hearing within ten days, the hearing still must be brought within 60 calendar days. Again, the defendant can waive this right too. If the 60-day rule is violated the court MUST dismiss the case. If the 10-day or the60-day rule is violated, the defendant’s criminal defense lawyer should bring a Penal Code Section 995 motion. If that motion is denied, the defense attorney should file a Writ Of Prohibition. It is unwise to wait until the appeal to challenge the error because on appeal the domestic violence Lawyer in Orange County must show that the delay caused the defendant prejudice.

If you face felony charges for marijuana sales, domestic battery or any other felony, call the Law Offices of EJ Stopyro today at (949) 559-5500 for a free consultation with an experienced Orange County criminal defense lawyer. Or visit our website at www.EJEsquire.com.

DMV Suspension Is Usually Not Affected By Court Dismissal

DUI Attorneys in Orange County

When a driver is arrested for a DUI in Orange County, they face a battle on two fronts—in court and at the DMV. These two battles are, for the most part, completely independent of one another. In other words, success at the DMV does NOT usually translate to a dismissal in court and vice versa. This complex relationship, sometimes not even fully understood by  DUI Lawyers in Orange County, between the Orange County court system and the DMV seems to defy notions of fair play, due process and double jeopardy.

For example, when the DMV suspends a driver’s license after a  DMV hearing, this clearly seems to be a form of punishment, thus barring further punishment from the court system. However, the California Supreme Court has held that the license suspension is not a “punishment”, but rather an “administrative sanction”.

Further examples of unfairness abound. If your DUI Lawyer in Orange County successfully litigates a suppression motion and the judge orders that all evidence was illegally obtained, the criminal case will probably be over. However, in a twisted, logic-defying case by the California Supreme Court, the Court ruled that suppressed evidence can still be used in a DMV hearing to suspend a person’s driving privileges. Likewise, if your DUI Attorney gets a set-aside at the DMV hearing, this set-aside will have no impact on the criminal court proceedings.

Even If your Orange County DUI Attorney gets your case dismissed in court for any reason, that dismissal will usually have no effect on the license suspension rendered by the DMV. Likewise, a reduction of the DUI to a lesser charge, such as a wet reckless will not affect the DMV’s decision. The only way for the court proceedings to have an impact on the DMV’s license suspension if your DUI Lawyer gets an acquittal on the DUI charge—this means a NOT GUILTY verdict on the charge after a trial. California Vehicle Code Section 13353.2(e) states “if a person is acquitted of criminal charges relating to a determination of facts … the department shall immediately reinstate the person’s privilege to operate a motor vehicle.” So in the case of a not guilty verdict there is an actual statute that requires the DMV to set the suspension aside. However, there is no such statute in the case of a refusal to take a blood or breath test. Thus, even if a jury finds a driver not guilty of a refusal, the DMV can still suspend that person for the refusal after a DMV hearing. (Or without a DMV hearing if the driver or the driver’s  Orange County DUI Lawyer did not request one)

If you are charged with a DUI in Orange County, call the Orange County DUI Attorneys at the Law Offices of EJ Stopyro today at (949) 559-5500 for a free telephonic consultation. Or visit our website at www.EJEsquire.com.

Orange County DUI lawyers   

What A Judge Must Consider When Setting Bail

Criminal Defense Lawyer in Orange County

Every county in California has a “bail schedule” for all bailable felony and misdemeanor offenses. The schedule lists the bail amount for the particular offense, including all drug offenses such as drug possession, drug sales and selling, transporting or giving away drugs. If the defendant, the defendant’s Orange County drug defense attorneys or, more commonly, a bail agent posts that amount, the defendant will be released pending the outcome of the case. At the arraignment, a defendant’s attorney can request the judge to reduce the bail and the DA can request that the judge raise the bail. Penal Code Section 1275 sets forth the factors that a judge MUST consider when deciding such a motion.

Primarily, the judge must consider public safety. Does the defendant pose a danger to the public if released? It is up to the defendant’s Orange County drug defense lawyer to convince the judge that they do not pose a danger. The judge must also consider the seriousness of the offense charged, any previous criminal record of the defendant, and the probability that the defendant will make court appearances if released. For example, a defendant facing drug charges of  possession with intent to sell with dual citizenship and no family or job in this country would be seen as a high flight risk and bail could be increased because of this.

With regard to the seriousness of the crime, Section 1275 specifically states that this means considering any injury to the victim, (often a consideration in domestic violence cases), any alleged threats to the victim or to a witness, and the alleged use or possession of controlled substances by the defendant. In considering bail for many drug offenses, Section 1275 directs the judge to consider the alleged amounts of the controlled substances involved, be it heroin, methamphetamine or any other controlled substance.

Section 1275 prohibits a judge from reducing the bail below the bail schedule amount for strike crimes. (serious or violent felonies) This usually does not apply to drug cases unless there are other serious charges along with the drug charges.

If you are facing criminal charges in the Orange County court and would like to talk to an experienced criminal defense attorney in Orange County, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Orange County drug defense lawyers

DUI Evidence At Trial: Bloodshot Eyes

DUI Lawyer in Orange County

In just about every DUI trial in Orange County the arresting officer will testify that one of the first clues that the driver was under the influence of alcohol or drugs was that the driver had bloodshot or watery eyes. In fact, the DS 367—a DMV  form used by all California law enforcement personnel in a DUI investigation—has a box right on it next to the words “bloodshot/watery eyes”. The idea is that the officer check this box if the driver had red or watery eyes. Of course, the mere presence of this box on the DUI investigation form is extremely suggestive and good Orange County DUI Attorneys will make sure that the jury understands just how suggestive this is.

A skilled Orange County DUI Attorney will also, while cross-examining the arresting officer, get the officer to commit to his reliance on this clue. Thus, the jury will see that once the officer saw red or watery eyes, they assumed the driver was under the influence of drugs or alcohol and biased toward guilt from that point on. A DUI Lawyer will expose the DUI officer’s bias by showing that red or watery eyes can be caused by many non-alcohol related factors—such as fatigue, sun exposure, allergies, smoke, or pollution.

Once the DUI Attorney in Orange County educates the jury about the many causes of bloodshot or watery eyes—sometimes by expert testimony—the defense attorney should then show the jury that the DUI officer never even considered these other possibilities. For example, the  DUI Lawyer in Orange County should ask the officer “did you ask my client whether he has allergies? (They almost never do) Did you ask my client whether he had been in the sun during the day? Or whether he or she had been in a smoky or polluted environment recently? Did you ask the driver whether they had slept recently? Of course, the DUI attorney will know the answers to these questions in advance. If the officer did ask any of these questions, it will be in the report.

By establishing the many causes of red or watery eyes, and by then establishing that the officer never even considered these other possibilities, your DUI defense lawyer will not only negate the value of this evidence, but will also show that the cop was biased against the driver from the start.

If you face charges for DUI or DUI with injury in Orange County and would like to consult with an experienced DUI defense attorney, call the Law Offices of EJ Stopyro today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Orange County DUI lawyers    

Your Rights At A Preliminary Hearing: (Part 2)

Domestic Violence Attorney in Orange County

If you face felony charges for domestic violence in the Orange County courts then you have the right to a preliminary hearing. The right to a preliminary hearing means that you are entitled to a host of rights concerning that hearing, not the least of which is effective assistance of an Orange County Domestic Violence Lawyer.  You have the right to a lawyer of your own choice and if you tell the judge that you want to be represented by a particular Domestic Violence Lawyer in Orange County, then the judge will order the bailiff to contact the criminal defense lawyer of your choice forthwith. However, if you cannot afford an attorney, you no longer have the right to choose which lawyer represents you, but you still have the right to be represented by a criminal defense lawyer and the court will appoint one at no cost to you. If you decide that you want to represent yourself at the domestic violence preliminary hearing—which is almost always a bad idea—the judge MUST respect that right too.

At the domestic violence preliminary hearing you also have the right to a court-appointed interpreter if English is not your primary language. If you are in custody on charges of domestic battery, corporal injury, criminal threats or child endangerment, you still have the right to be present at the preliminary hearing. If, however, you are out of custody and fail to show up for the preliminary hearing, the judge can find that you waived your right to be present and the preliminary hearing can go forward without you. The District Attorney MUST provide all exculpatory and relevant evidence in their possession to your domestic violence lawyers. If the DA fails to do so your criminal defense attorney can file a common law motion to dismiss.

Once the domestic violence preliminary hearing is over, you have the right to a transcript of that proceeding at no cost. The transcript must be made available 10 days after the hearing. Your Orange County domestic violence attorney has the right to cross-examine ALL witnesses that testify at that hearing. However, cross-examination is limited to questions relevant to establishing an affirmative defense, negating an element of the crime, or impeachment of the witness. Moreover, any witness your defense lawyer calls must give testimony relating to those three topics. You also have the right to sit at counsel table during that hearing without being shackled. In order to shackle a defendant at a domestic violence preliminary hearing the DA must make a showing of need.

If you face charges for domestic violence in Orange County and would like to consult with an experienced domestic violence lawyer, call the Law Offices of EJ Stopyro at (949)-559-5500. The telephonic consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Domestic Violence Attorneys in Orange County

Slurred Speech: Dealing With Evidence In A DUI Trial

Orange County DUI lawyers

In nearly every DUI case I have handled the arresting officer says in the arrest report that the driver had “slurred speech”. At trial,  DUI Attorneys in Orange County know that the arresting officer will testify that this slurred speech was one of the factors that led to their conclusion that the driver was too intoxicated to drive safely. However, a skilled Orange County DUI Lawyer will be able to minimize the effect of this “evidence”.

First of all, there are many reasons that a person’s speech pattern may appear to be slurred. For instance, stress can make this happen. And it is hard to refute that an encounter with a police officer who is trying to build a case against you is an extremely stressful event. Moreover, fatigue will also cause speech to sound slurred. But more importantly, a person may naturally speak slowly or with a slight drawl. In a DUI trial, a good Orange County DUI Attorney will cross examine the arresting officer and make clear that when the officer stopped the driver, this was the very first time the officer ever heard the driver speak. In other words, the officer had no baseline with which to compare the driver’s speech.

Another trial technique is to get the officer to commit to his assertion that the driver’s speech was slurred or “incoherent” as they often describe it. Then, Orange County DUI Attorneys will go over the arrest report, which contains dozens of questions that the officer asked the driver during the DUI investigation. Things like, where were you going? Where are you coming from? Are you sick or injured? What did you last eat? Etc. After each question, the dui lawyer will establish that the officer successfully recorded the driver’s answer. In almost every case, the officer will have successfully understood and recorded the driver’s answer. When the jury hears all the questions that the driver answered and that the officer had no problem understanding the answers, the officer’s testimony that the driver’s speech was slurred becomes less and less credible.
Finally, DUI Lawyer in Orange County will make sure the jury knows that the arrest report used by the officer is suggestive and biased in the way it is formatted. The form itself contains boxes for the officer to check. One of the boxes is next to the words “slurred speech”. Thus, the form is not just a narrative where the officer explains what he or she saw, it contains suggestive symptoms with a box next to the symptoms. This form is filled out by an arresting officer AFTER he or she has made the decision to arrest the driver for DUI and must now justify that decision. The appearance of the symptoms right on the form suggests to the officer that they should have seen these symptoms before making the arrest.

If you have been charged with a DUI in Orange County and would like to discuss your options with an experienced DUI Lawyer in Orange County, call the Law Offices of EJ Stopyro at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

DUI Attorney in Orange County    

Orange County criminal defense lawyer 

Preliminary Hearing: An Overview (Part 1)

If you are arrested for felony drug charges, including drug possession or drug sales, the DA’s prosecution usually begins with the filing of a Complaint. A less common beginning is when an indictment is handed down by the grand jury. The vast majority of drug cases in Orange County begin with the filing of a Complaint, which is the document that lists the formal drug charges against you. When a Complaint is filed you have the right to a preliminary hearing within ten days of arraignment on the Complaint. The preliminary hearing is an evidentiary hearing where the DA must present enough evidence to a judge to justify going forward with the prosecution. The evidence must show that probable cause exists to believe that a drug crime has occurred and that you committed it.

The preliminary hearing provides your drug defense lawyer in Orange County to ask the judge to reduce any “wobbler” offense to a misdemeanor.  A wobbler is a drug crime that can be charged as a felony or a misdemeanor. Your defense lawyer can also ask the judge to strike certain enhancements. This hearing also gives your Orange County criminal defense lawyer the chance to expose any weakness in the DA’s case and possibly get a good plea bargain. In cases of “serious” offenses (strike crimes), the law does not allow plea bargaining AFTER the preliminary hearing so plea bargaining at this stage may be a must.

Not all the witnesses in the case will testify at the preliminary hearing. At this hearing, police officers are allowed to testify about what other civilian witnesses told them. This “hearsay” is not allowed at trial. There are also limitations on what your criminal defense lawyer in Orange County can cross-examine the police officers about. Cross-examination is limited to the purpose of 1) raising an affirmative defense, 2) negating an element of the drug crime, and 3) impeaching a witness. Your drug defense attorney cannot cross-examine for the purpose of “discovery”—to learn information that will help at trial. Moreover, any evidence that your drug defense attorney puts on is limited to these three purposes.

If there is an issue that evidence may have been illegally obtained by the police, your Orange County drug defense lawyer can also bring a motion to suppress that evidence at the preliminary hearing. However, most defense attorneys prefer to bring the suppression motion later in the trial court.

If the DA meets their burden, as they almost always do, the judge issues a “holding order” requiring you to face prosecution for the charges. The judge will then order you and your defense lawyer to the trial court within 15 days to be arraigned on a new document called an “Information”.

If you have been arrested for a drug charge in Orange County call the Orange County drug defense attorneys at the Law Offices of EJ Stopyro at (949) 559-5500 today. The telephonic consultation is free and confidential. Or visit our website at www.EJEsquire.com.

criminal defense lawyers in Orange County

 

DUI Evidence: Odor Of Alcohol On A Driver’s Breath

DUI Lawyer in Orange County

In virtually every DUI trial in Orange County, except where the DUI is allegedly based on DUI drugs, the arresting officer testifies that he smelled an odor of an alcoholic beverage on the driver’s breath. Usually, the cop says it was a “strong” odor but every once in a while they will say the odor was moderate. Most DUI cops and Orange County DUI Attorneys know that methyl alcohol actually has no odor at all. It is the beverage’s flavoring that actually gives off the odor associated with alcohol. And when DUI cop testifies that this strong odor is consistent with intoxication, a skilled DUI Attorney in Orange County can turn this against the officer and perhaps discredit his entire testimony.

The fact is, there is absolutely no correlation between the strength of the odor of an alcoholic beverage and the blood-alcohol level. A recent study shows that it is impossible to predict blood-alcohol levels or level of impairment in a DUI case based on the odor of an alcoholic beverage on one’s breath. In fact, you cant even tell WHAT a person was drinking by the odor. Moreover, DUI Lawyer in Orange County know that the beverages with the lowest alcohol concentration actually produce the strongest odor. Beer and wine produce a far stronger odor of an alcoholic beverage than do whiskey, gin, or other “hard alcohol”. The odor produced by a single beer is usually stronger than the odor produced by four of five mixed drinks. Furthermore, drinking non-alcoholic beer will produce this same odor even though there is no alcohol at all.

Furthermore, the odor of an alcoholic beverage provides no clue as to when the beverage is consumed. A “strong” odor of an alcoholic beverage can be produced immediately by drinking a small amount of beer or wine. It can also be produced by drinking a large amount of an alcoholic beverage. There simply is no correlation between the strength of the odor and when the beverage was consumed. Thus, the odor of an alcoholic beverage gives absolutely no information about WHAT a person drank, HOW MUCH alcohol a person consumed, or WHEN the person consumed it.

With this in mind, DUI Attorneys in Orange County will often cross examine the arresting DUI officer in such a way as to cement the officer’s reliance on this odor of an alcoholic beverage as a factor in determining that the driver was DUI. At the very least it shows that the officer, once having smelled the odor, was biased against the driver from that point on. If the officer relied on the odor to conclude that the driver was under the influence of alcohol, the entire testimony of the officer can be discredited.

If you have been charged with a DUI in Orange County and would like to talk with an experienced Orange County DUI Lawyer, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation if free and confidential. Or visit our website at www.EJEsquire.com.

Orange County DUI Attorney

DUI: Suspension Of The Commercial Driver’s License

Orange County DUI lawyers

If you are the holder of a California commercial driver’s license, that license is subject to suspension or revocation even if you are driving a non-commercial vehicle. Commercial drivers and  DUI Attorneys in Orange County know that a commercial license will be administratively suspended after a  DMV hearing for one year if the driver operates a commercial vehicle with a blood-alcohol level of 0.04% or greater. This suspension period shoots up to three years if the driver was hauling hazardous waste at the time of the violation. But a conviction for a DUI,  DUI drugs, or a DUI with injury in a non-commercial vehicle will also result in a one-year suspension on a commercial driver’s license. (California Vehicle Code Section 15300)

These are not the only ways that a commercial license holder can lose that license. A refusal  to submit to a chemical test (blood or breath test) when driving a non-commercial vehicle will also lead to a one-year suspension for a first offense. Also, unknown to most commercial license holders and even some  Orange County DUI Attorneys, a driver who holds a commercial license who leaves the scene of an accident involving a motor vehicle operated by the driver, even where it is not a commercial vehicle, will lose their commercial license for one year. Another obscure provision familiar to DUI Lawyers in Orange County says that using any motor vehicle to commit a felony must also result in the one-year suspension of a commercial driver’s license.

This one-year suspension is imposed on any first-offense listed above. A second offense DUI, or a second violation of any of these violations, or driving on a suspended license because of any of the above violations, mandates a lifetime ban on operating a commercial motor vehicle in California.

If you are the holder of a California commercial driver’s license and face a license suspension for any of the reasons discussed above, call the Law Offices of EJ Stopyro today at (949) 559-5500. You can consult with an experienced Orange County DUI Lawyer at no cost. Or visit our website at www.EJEsquire.com.

DUI Lawyer in Orange County