Orange County DUI Attorney
Arrested for DUI in Orange County, CA?
Are you looking for an aggressive Orange County DUI lawyer to defend you against driving under the influence charges? Speak with Barney Gibbs of The Law Office of Barney B. Gibbs. After a drunk driving arrest, you only have ten days to request the administrative hearing! Quickly retaining a trusted defense attorney is vital during this time. This firm can fight for you to get your charges reduced to a lesser charge such as reckless driving or dismissed completely, and there are many ways we can accomplish this.
Defenses Against a DUI Charge
Listed below are some of the most common ways that an Orange County DUI defense attorney could challenge DUI charges and license suspension:
- Unlawful police stops
- Outside factors affected your field sobriety test
- The chemical test was administered incorrectly
- The chemical test was inaccurate
- The law enforcement officer did not inform you of your rights
- Time of testing versus time of driving
Probable Cause for a Stop
The DUI process typically begins when a person is pulled over or forced to stop at a sobriety checkpoint. There must be probable cause for a stop (or the stop must be the result of an approved DUI checkpoint) or else this could constitute an unlawful stop/search. For example, many DUI arrests begin with a law enforcement officer pulling someone over for "swerving" or some type of reckless driving.
Outside Factors and Field Sobriety Tests
In California, a law enforcement officer can ask you to step out of your vehicle to complete one or multiple field sobriety tests. This can include: the walk and turn test, the one-leg stand, the horizontal gaze nystagmus or the preliminary alcohol screening (PAS) breath test. If you "fail" these tests, then an officer can lawfully arrest you and bring you in for chemical testing. Outside factors could cause you to fail this test even if you are sober, such as weather, the type of shoes you are wearing, medical conditions and error on the part of the officer.
Common Problems with Breath, Blood & Urine Tests
Only after you have been legally arrested will you be required to submit to a chemical test, that is, a breath, blood or urine test. If any of these tests indicate a
blood alcohol level of .08 percent or more, you will be charged with DUI. However, these tests are known to have a wide margin of error. Also, if they are administered improperly, they could result in false readings.
Were you informed of your rights?
Perhaps one of the most important components of any DUI arrest is the informing of your rights. Law enforcement officers and other officials must clearly and completely explain to you that you have the right to remain silent, the right to an attorney, the right to refuse a field sobriety test (but not a chemical test), the right to independent chemical testing and more.
Administrative and Criminal Penalties for DUI
Driving under the influence has both criminal and administrative consequences. Because of this, there are two separate hearings: the
DMV hearing and the criminal hearing. You only have ten days after your arrest to request the DMV hearing, and this hearing will only deal with your driving privileges and whether or not they should be
suspended. Some people are able to qualify for a
restricted driver license. The criminal hearing will deal with whether or not you are "guilty" of DUI, a lesser charge or no charge at all. If adjudicated guilty, you could face imprisonment, fines,
ignition interlock device (IID) installation, community restitution and more.
What To Do If You've Been Arrested for DUI
As soon as possible after a drunk driving arrest of any kind, whether it is a DUI of drugs,
under 21 DUI,
commercial DUI or other related charge, please contact an
Orange County DUI lawyer from The Law Office of Barney B. Gibbs. He has more than 30 years of experience in the Orange County criminal justice system and stays up-to-date with the latest in
California DUI law. Even if you have already been convicted of a DUI, this firm could help you
appeal or qualify for an
expungement. To learn more about the firm and how Mr. Gibbs could help you, call today and receive a free case evaluation!
Toll free: 888-594-0660 or locally at 714-838-9019.