Drunk driving is a serious offense that can significantly impact your life. You could lose your driving privileges, end up with a license suspension, must pay hefty fines, and even serve some jail time. Additionally, you may be required to undergo drug or alcohol treatment and counseling.
Getting a DUI in Orange County can lead to an arrest. You could be facing criminal convictions for your DUI charges, especially if you had an accident and there were injuries to passengers in your vehicle or another vehicle – or if there was property damage.
If you have been arrested for a DUI, you need an experienced defense attorney who can handle your DUI case and ensure that you have the best possible outcome.
At the Law Offices of Frances Prizzia, we know criminal law and are experienced in navigating the criminal justice system and DUI cases. When you come to us after a DUI arrest, you can rest assured that your case will receive the utmost care and attention.
We will assign you a DUI attorney to review your case with you and review your DUI charges. From there, they will work with you to construct a defense strategy that will be the most beneficial for the specifics of your case.
An Orange County DUI is a serious offense with harsh penalties. The Orange County courts are serious about these offenses because if you were indeed driving drunk, that is extremely dangerous. The thing is, police officers don't always get it right. There are false positives, the field sobriety test is not always accurate, and equipment can be faulty. This can lead to you getting criminal charges against you even though you did nothing illegal.
Still, guilty or not, a criminal DUI charge can cause you to lose your driving privileges, and your driver's license can be suspended or revoked. You could spend time in jail and be required to pay fines that you don't owe. The district attorney is only doing his job and "fighting crime," but you should not be punished if you aren't guilty.
Our Orange County DUI lawyers at the Law Offices of Frances Prizzia are committed to defending our clients and ensuring their rights are always protected. A win for you is a win for us, so we want you to have the best possible outcome for your case.
California law is very strict when it comes to drunk driving. Under California Vehicle Code § 23152 VC – "DUI of Alcohol," it is illegal for an individual to operate a vehicle if they are under the influence of alcohol, even if there is no evidence that shows their blood alcohol content (BAC) is at the legal limit or above.
If their BAC does register at the legal limit or higher, they will be charged with driving under the influence (part a) and driving with an excessive BAC (part b). Both of these DUI charges are under the DUI of alcohol law. The Orange County district attorney will do everything possible to ensure that the letter of the law is followed.
What this means to you is the possibility of license suspension, jail time, fines, and more. If you have any prior DUI convictions, your chances are good that you will be incarcerated. If you have no other DUI convictions, you do not spend time in jail.
You will have to attend a DMV hearing to determine if your driver's license will be suspended and, if so, for how long. The court system does not handle license suspensions. The DMV does that.
It is also important to note that although most California DUI cases are misdemeanors, they can become felony charges for these several reasons:
A first-offense DUI is a misdemeanor offense in California. However, a misdemeanor DUI does not mean you have no penalties.
A second offense DUI is a misdemeanor offense in California. The penalties are higher, though.
A third offense DUI is a misdemeanor offense in California. The penalties are much more serious for lesser DUI offenses.
A DUI with injury is a misdemeanor DUI conviction.
A first-offense DUI with an injury classified as a felony includes prison time and stiffer penalties.
A misdemeanor DUI becomes a felony DUI conviction in certain situations. When that happens, there are serious consequences.
Certain circumstances and factors that are present at the time of a DUI arrest may present as "aggravating factors." The penalties increase when the following factors are present, even if it is a first-offense DUI.
Our OC DUI attorneys will work hard to get the best possible outcome for your case.
A DUI conviction where someone other than the defendant was injured has different penalties based on if it is classified as a misdemeanor or a felony.
A high BAC is subject to enhanced or harsher penalties than a standard DUI. This can mean:
If you get a DUI and have a child in the car who is younger than 14, you may face more severe penalties than usual.
A skilled DUI lawyer will develop a defense strategy on a case-by-case basis. Sometimes there is enough evidence or lack of evidence on the prosecution's side to get a DUI criminal case dismissed. If you want to increase your chances of a not guilty verdict, then you need a good defense lawyer.
Look for an experienced DUI defense attorney with a proven track record of successfully defending DUI cases. They will review the report by the arresting law enforcement officer, hospital records, witness statements, and other evidence to find the best way to defend your case.
They can help you avoid a license suspension. But you will only have your best chance at a favorable outcome for your case if you hire the best DUI lawyer.
There are many defenses your legal team can use. Here are a few.
Many health conditions can mimic the appearance of intoxication, especially when it comes to field sobriety tests. Medical conditions or dietary conditions related to ketosis, diabetes, neurological issues, acid reflux, gastroesophageal reflux disease (GERD), migraine, and low blood sugar can all make someone look drunk even if they are completely sober.
Sometimes affirmative defenses may be used and can successfully acquit the defendant. Some common affirmative defenses for DUI are a necessity, entrapment, and comparative negligence.
Mistakes made using the breathalyzer or DUI blood tests are common DUI defenses. The equipment may be faulty, or the operator may not have been adequately trained, resulting in a false positive. There may be errors in field sobriety testing.
The defendant may not have been the person operating the vehicle, or they may have been in the car but not operating it.
Many issues can arise here. The officer may not have a legal justification for the traffic stop. Police misconduct, failure to read the defendant's Miranda rights, and illegal sobriety checkpoints can all be valid defenses.
If you have a DUI criminal case, you want the best Orange County DUI attorneys you can get. We deal with Orange County DUI charges and arrests daily and have the skills, training, and experience to help you get the best possible outcome for your DUI case.
As the Law Offices of Frances Prizzia, we are committed to taking care of our clients and treating them with compassion but representing them aggressively and using every legal tool available to provide a solid defense.
This is your life and your future. Put it in our capable hands.
Call us if you are looking for a law firm in the Southern California and San Diego county areas. Other attorneys may talk a good game, but at the end of the day, performance and a solid track record are what counts. We are one of the area's top Orange County DUI defense firms.
We're here for you if you need help with your Orange County DUI. Call us today and schedule your free DUI consultation with our experienced attorney. You owe it to yourself and your family to get the best representation possible. We're here for you, and we'll fight for you.
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