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How Orange County DUI Lawyers can help you

How Orange County DUI Lawyers can help you
How Orange County DUI Lawyers can help you

Life can be unpredictable. Accidents may occur anywhere and anytime. A person in Orange County, California may find himself or herself arrested for driving under the influence (DUI). The innocence of the person accused always remains to be determined by the court. So, it is important to have an advocate in court to act as their DUI lawyer. If you, or a loved one, need such legal services, you should consult with and have access to a reliable, qualified and experienced Orange County DUI lawyer.

Experienced Orange County DUI lawyers are familiar with all court procedures. When it comes to your case, you need to follow the required process, which includes making all court appearances and participating in your defense. Our Orange County DUI lawyers will come to your defense to see that you get the aid required in defending your case.  DUI defenses are scientific in nature, as well as legal, and can be a lengthy and complex procedure.  We also analyze all the possible outcomes of your case making you psychologically prepared and empowered to make decisions, knowing the options available to you. While the services of an effective attorney may be expensive, the Orange County DUI lawyers at Miller and Associates provide quality service at lower prices and even allow payments.

One major advantage of having access to an experienced and competent DUI lawyer before there are problems is to be ready if you are faced with unexpected arrest.  The law allows you to make a phone call to your lawyer, and a licensed legal practitioner can come to the rescue of the accused person at the police station on a mere phone call. Also, the courts and jail allow a person arrested to contact a lawyer. Keeping contact with a reliable and experienced lawyer is very important, as a person accused of the charges does not have to rely on someone he scarcely knows. A good DUI lawyer keeps himself up to date with the constantly changing laws of California, as well as the local procedures unique to Orange County. They will explain all the rights to their client and act as a buffer with the police. Most ordinary people are not acquainted with the laws of the State. So, prior knowledge will not allow any unscrupulous police officer to take undue advantage of the person arrested.

Another major reason for keeping prior contact with a DUI lawyer is, in case a person gets arrested; his legal representative can immediately help to bail him out. However, the conditions of bail will depend on the severity of the crime the person is charged with, and usually requires a bail bond company. A lawyer can also negotiate the bail amount in court at the first court hearing.

A person without any legal representation puts himself at a disadvantage. Only an experienced DUI lawyer can get the best terms for bail. In case, an offense is done against the person himself; the attorney is the best positioned to advice him when and how to take legal action. The legal representative will also weigh the chances of winning the suit and advise his client accordingly. Even if there is a poor chance of success, the attorney will prepare the client beforehand, so that sudden trauma and stress do not cause harm to the person’s health.

The attorneys have experience and they help a client look at different possibilities and consequences. These lawyers can argue to get a warning or a lesser penalty. People who consider going to courts without these representatives might end up getting heavy penalties and even their driving licenses revoked through the separate DMV process.

These law representatives have a variety of services they offer to individuals. The attorney can have access to your court case, and this means you have higher chances of getting a fair judgment. The law is hard to comprehend for ordinary persons, and the crime leads to serious consequences. The attorney can explain in details the effects and the charges.

A person arrested might be tempted to plead guilty to the offense. Pleading guilty is not the right thing to do as there are substantial penalties. The arrested person needs to get an expert opinion before pleading guilty. The advocates have studied the law and expertise in this niche, so they will be in a better position to decide on the DUI offenses committed. They can advise a teen arrested for this crime the consequences and then represent them to get a fair judgment.

DUI is a criminal crime, and as such, a person appointed with DUI should not take this charge lightly. Engaging a cheap attorney forever may not test to be a wise choice, especially when the attorney’s track record with that sort of case is not in particular firm.

You should take action today and get yourself a reliable, reputable and experienced DUI lawyer. The Orange County DUI lawyers chose must be trusted and give their services when called. They inform the client of everything no matter how painful it might look. A good reputation means they have been reviewed positively in the past.

Contact our Irvine DUI Lawyers today at (877) 568-2977

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How do I find the best Orange County DUI Lawyer for my case?

How do I find the best Orange County DUI Lawyer for my case?

finding the best Lawyer

How do I find the best Orange County DUI Lawyer for my case?Finding a lawyer to help handle a case is not an easy task. Even for other legal professionals, choosing between various attorneys that practice in a specific field of law can be difficult. This page looks at the various ways to screen potential lawyers in general, and tells you, how do I find the best Orange County DUI Lawyer for my case?

Do you need a lawyer for a DUI?

Not everyone gets a lawyer for a DUI.  And there is a certain subsection of cases that may not even need a DUI lawyer.

However, a DUI defense attorney can help in most cases.  The best way to find out how an attorney can help your case, or to even ask if you actually need an attorney to handle your case, is to consult with one and find out what an attorney can do, and how they can help your DUI case.

If an attorney cannot help you, they should be honest and let you know that.  If a DUI lawyer can help your case, then they should be able to discuss how, exactly, they can help you and explain your options.

An experienced DUI attorney may be able to argue your performance on the field sobriety tests, whether or not the reason you were stopped was legal, or valid probable cause, and go over why you were stopped, and the potential defenses to DUI breath testing, and defenses to DUI blood testing, that would apply in your case.

A lawyer can also use their experience in persuasion, legal argument, and negotiation skills and negotiate a plea bargain in your DUI case that meets your goals, and minimizes the impact on your life.  That alone might save you from a DUI on your record, or save you thousands in fees and other costs.  Since the cost of a DUI is expensive, any reductions of the charges or options to avoid fees and fines can end up saving you a lot of money.

Any experienced lawyer who is rated as a top Orange County DUI attorney can also appear in court for you, saving you the time and potential embarrassment of sitting around the court for hours while other people you may know might be there.

How do I find the best Orange County DUI Lawyer for my case?

And, of course, they will work with you and advise you every step of the way as you go through the process, regarding what your options, and what your best strategy might be, given the facts of your case. So how do I find the best Orange County DUI Lawyer for my case?

How do you choose a DUI lawyer?

How do I find the best Orange County DUI Lawyer for my case through my own friends or family? As in many fields, the best way to find a good lawyer or attorney is to have someone give you a personal referral to a DUI attorney.  Someone you personally know that either has used the attorney or law firm or knows the attorney on a personal basis will usually result in a higher quality lawyer.  The lawyer has basically been pre qualified by whoever recommended them to you.  We are proud of the fact that most of our clients were personally referred by our former clients or persons that know our firm personally.

How do I find the best Orange County DUI Lawyer for my case if I don’t have a personal referral?  Other methods include using a bar association, or an attorney referral service, although qualified lawyers pay to be listed.  That makes a lawyer referral not nearly as qualified as a personal recommendation.

How do I find the best Orange County DUI Lawyer for my case by going through advertisements? Although lawyer advertising is everywhere, the worst way to obtain a lawyer might be from advertisements. The direct solicitation advertising that is mailed to you or that appears in places like jail advertising boards or is on bail bonds websites is no guarantee of a quality attorney by itself.

What qualifications should a DUI lawyer have?

How do I find the best Orange County DUI Lawyer for my case and review qualifications of the attorney? For the field of DUI defense, a DUI lawyer should have at least the following qualifications:

What should I look out for when searching for a lawyer?

  • A lack of a bar discipline record (in other words, never being disbarred, on bar probation, or subject to bar discipline).  A state bar record is usually an indication, or symptom, of a larger problem, and an inability to put clients first.  A lawyer with a good reputation with the California State Bar is obviously better than one with state bar problems.
  • A law firm that does everything.  Lawyers that handle worker’s compensation, and family law, as well as civil litigation, bankruptcy, and DUIs on the side, will typically not have the ability, knowledge, or time to handle a DUI case properly and give the case the attention it deserves.
  • A DUI attorney that looks down on clients.  You want to be a partner with the DUI lawyer handling your case, and need to be able to discuss options and ask questions.  DUI Lawyers with a top down, “I’m the attorney and you’re not” attitude, will not have good communication with you.

How to interview potential OC DUI lawyers to handle your case.

How do I find the best Orange County DUI Lawyer for my case in a personal interview with the lawyer? Make sure that you interview anyone you are considering as your attorney.  An interview allows you to get to know your DUI Specialist in Orange County.  Ask all of the questions that you have on your mind, or are curious about.  Don’t forget to ask them about their history as a lawyer, and about their focus on DUI defense. Attorneys that do not participate in education and defense of DUI cases specifically do not know many of the defenses that apply to breath or blood testing cases.

When you go to an interview with a potential lawyer, make sure that you bring everything you have, including all the documents you were given when you were arrested or released.  Write out a list of questions you might have, about the lawyer, the process, the punishments, and the procedures to defend a DUI case.  This allows the lawyer to be able to asses as to whether he can help your Orange County DUI case.  Interviewing multiple DUI lawyers is also a good idea.  I recommend you interview as many DUI Defense lawyers as time permits.

How do I find the best Orange County DUI Lawyer for my case?

Find a DUI defense lawyer in Orange County, or who at least practices and appears in the courts in the OC on a regular basis.  A lawyer who does not frequently operate within the courthouse or city where your case is pending can be a problem.  As said above, a DUI lawyer needs to know the area that he is working in.  Knowing the judge, local prosecutors, and the general climate of what works in handling DUI cases successfully can help to prepare your best possible defense.

How do I find the best Orange County DUI Lawyer for my case and keep fees affordable? Make sure to ask any potential Orange County DUI lawyers about their fees.  You don’t want to finally find the best Orange County DUI lawyer for your case, and start working only to find out that you will have to sell everything you own in order to afford their services.  You can usually find the best DUI lawyer for you without breaking the bank, but as they say, good lawyers aren’t cheap, and cheap lawyers aren’t good.

How do I find the best Orange County DUI Lawyer for my case? We can help make your decision easy. Our Orange County DUI Lawyers know the DUI laws and DUI defenses and have experience fighting cases in Orange County.  Knowing how to make an impression on a prosecutor, a judge, or a jury, and what tactics work best in presenting and negotiating a DUI plea bargain, or winning a DUI case, can make a huge difference in your case.

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How do I find the best Orange County DUI Lawyer for my case?Contact our firm to find out more about our firm and why we are the right choice for DUI cases in Orange County.

OC DUI Checkpoints for Halloween Weekend, 2015

Our Orange County DUI Lawyers have learned about several OC DUI checkpoints, planned by law enforcement, for this Halloween weekend.  NOTE: Updated with DUI Checkpoint Location for Costa Mesa tonight, at Harbor Eastbound approaching Adams.

dui-checkpoint1

Halloween can be especially dangerous when combined with drinking, for not only drivers, but also pedestrians.  The book “Superfreakonomics” (Leavitt, et al.) went into great detail why drinking and walking was actually more deadly under all statistics vs. drinking and driving.  According to the NHTSA’s most recent statistics on Halloween:

  • 50% of pedestrians die from a drunk driving accident (33% on an average day).

  • 28% of crash victim fatalities are  pedestrians (14% on an average day).

  • Approximately 20% of pedestrian fatalities on Halloween involve a drunk driver.

  • Over 50% of pedestrian fatalities occur between 4pm and midnight.

One statistic shows that when Halloween falls on a Saturday, like it does this year, probation violations from alcohol related cases jumps to 75%, vs. 17% on a regular year.

Here’s the DUI checkpoint in Orange County activity for this Halloween:

  • The City of Costa Mesa has a DUI checkpoint planned for tonight, October 30th.  A driver tipped us off that it is going strong tonight at Eastbound Harbor approaching Adams in Costa Mesa.
  • The City of Huntington Beach announced a DUI checkpoint planned for tonight, October 30th, 2015.
  • The City of Brea has  a DUI checkpoint planned for tonight, October 30th.
  • The City of Dana Point announced a DUI checkpoint planned for tonight, October 30th, 2015.

If you have any questions or need representation or advise from one of the top rated DUI lawyers in Orange County, contact our firm anytime at (877) 942-3090.

Costa Mesa, the world capital of rehab programs, starts restricting facilities

A good friend told me that Costa Mesa has more rehabs per square mile than any other place on Earth.  Certainly, along with Laguna Beach Rehabs, and Newport Beach Rehab Centers, and with sober living homes and other similar programs in Orange County, Palm Springs, and beyond, there are many.

Sober living home, rehab programs
Not on his or her way to an Orange County sober living home.

According to the City of Costa Mesa, as of early last year (2014), there were 200 rehabilitation or sober living homes in the city.  25% of all the rehabs and treatment facility, and sober living homes, are all in Costa Mesa.

Costa Mesa in particular has niches catering to specific drugs, drug and alcohol combinations, gay, lesbian, transgender, and transsexual addiction problems, and pregnant addict treatment, among many other niches.

The Orange County Register last week had an article about how the proliferation of drug rehab programs and sober living homes  in residential neighborhoods had caused the Costa Mesa City Council and City Staff to begin both passing laws, and aggressively expanding the new regulations across the city.

According to the article, 84 sober living homes or rehabs have opened in Costa Mesa have opened since January, 2014.  The new laws prohibit sober living homes from moving from one area to another to avoid regulation as well, and require a 650 foot buffer between facilities and require mandatory employee background checks, along with many other rules.  A license is also required by the City of Costa Mesa.

One rehab, Yellowstone Women’s First Step House, had sued Costa Mesa in November 2014, to allege discrimination against addicts.  That lawsuit was dismissed in federal court.

Newport Beach had paid out 5.25 million in settlements, plus spent four million in litigation fighting against three sober living facilities when they had sued the City of Newport Beach to challenge a 2008 law requiring extra scrutiny for rehabilitation homes in Newport Beach.

San Clemente passed a law prohibiting all rehab homes and sober living homes from opening in that city.

Certainly, rehabilitation facilities and sober living homes in Orange County have an important role to play.  Under California law, a rehab or other facility can give credit for jail time, thus both getting addicts or alcoholics, or those facing serious DUI charges, the help they need, and helping to keep them out of jail, and keeping the jails free.  A rehabilitated addict is less likely to offend, and jails do not even attempt to rehabilitate those punished for DUI or other crimes.

Contact our firm if you need the help of an Orange County DUI Attorney.  Our firm, Miller and Associates, can help you.

California’s New App Aims to Lower Orange County DUI cases

California’s New App Aims to Lower Orange County DUI cases

California’s New App Aims to Lower Orange County DUI cases: The California Office of Traffic Safety introduced an app a few months ago, meant to encourage designated drivers, and to discourage drunk driving. That would have the effect of lowering DUI arrests in Orange County.

The phone app, called DD VIP, is made for both iPhones (and iPads), and Android devices, shows exclusive offers and discounts for designated drivers at bars and restaurants throughout California. It also offers a way to call for a ride home in case the designated driver decides to have something to drink.

Android users can get the app here: https://play.google.com/store/apps/details?id=com.glass.ddvip&hl=en

iOS users can get the app here: https://itunes.apple.com/us/app/ddvip-bar-finder-for-designated/id941928425?mt=8

On the Apple iTunes store, one comment states: “First DD app that isn’t just a cab finder. Does what it says and what I want. Finally, being the DD is cool, plus free stuff!’

As an Orange County DUI Attorney, I am always on the look for changes to technology, the law, and defenses, whether legal or factual.

I’m also interested in both keeping the police and courts honest, and keeping our roads safe. I checked out this app and see that for Newport Beach DUI and surrounding designated drivers, there were listings for Bayside Restaurant, The Class of 47 Bar, and The Alley Restaurant and Bar. Bayside had a “Fojito”, a non alcoholic drink made with strawberries, mint leaves, and fresh lime juice, and the others allowed designated drivers to choose any drink without alcohol. All presented the option to have one drink, free, at their establishment.

It also has a link to call Uber, Lyft, or Curb (which used to be called Magic Taxi), if someone needs a ride.

This app is well done and surprisingly forward thinking for the CHP and CA Office of Traffic Safety, and may help encourage designated drivers and lower DUI Arrests.

DUI Arrests – Do The Police Have to Read You Miranda Rights?

Do the Police Have to Read You Miranda Rights? As a DUI Lawyer Orange County, I see questions like this all the time:

I got pulled over and arrested and got charged with DUI but the cop never read me any of my miranda rights when he arrested me so could i use that to get out possibly or could it help me somehow

Ignore for now the poor grammar and lack of any punctuation. Could not reading Miranda rights cause a defendant “to get out” of a DUI? Or can it help somehow? And do the police have to read You Miranda rights?

For DUI cases, the answer is, “probably not”, and “depends heavily on the facts of the stop and arrest.” Miranda rights apply to custodial interrogations — that is, questioning, or interrogation, while in custody.

If the only evidence that you were DUI is your confession, or admission, that you were driving drunk, which has to be rare, then excluding those confessions or admissions (which is the remedy for a violation of your Miranda or Fifth Amendment rights) could cause those statements to be removed from the case, which might cause the face to fall apart.

More likely, however, there were both non-custodial observations, such as bloodshot, watery eyes, an unsteady gait, and an odor of alcohol, and a breath, or a blood, test. Those are unlikely to be fixed by removing whatever statements were made in response to interrogation that occurred without a reading of rights under Miranda.

The Fifth Amendment of the U.S. Constitution prevents you from being a witness in a case against you, and provides your right to remain silent. Should your case go to a motion, you would have the right to bring a motion to suppress your statements and admissions as to drinking.

Do the Police Have to Read You Miranda Rights? A more thorough discussion about this issue is on our website, under the heading “DUI And Miranda Rights”.

Contact our DUI Defense Firm if you need a DUI Attorney to handle your case.

DUI on a motorcycle alleged in Huntington Beach

English: City flag of Huntington Beach, Califo...

Huntington Beach DUI

Our Orange County DUI Lawyers have learned that a man suspected of driving under the influence was injured in a solo motorcycle accident that closed part of northbound Pacific Coast Highway in Huntington Beach early the morning of June 20, 2015.  DUI on a motorcycle alleged in Huntington Beach as a result of this accident.

The driver was taken to UCI Medical Center in Orange with non-life-threatening injuries and was issued a citation only for his Huntington Beach DUI, according to a Huntington Beach Police Department spokesperson.

California’s Vehicle Code 23152 (a) or (b) applies to those caught driving a motorcycle while impaired. This section of the Vehicle Code makes it illegal for anyone to operate a motor vehicle under the influence of alcohol or drugs. Anyone proven to do so in a court of law will be found guilty of a DUI and sentenced according to guidelines that are set by legislation.

DUI laws apply to any motor vehicle where the operator or driver is under the influence, or above a .08% alcohol level, or influenced by drugs.

Motorcycles are especially dangerous, and being DUI makes them more so.

Riding a motorcycle requires complex skills that are very demanding of the driver, and impaired judgment is more dangerous on a motorcycle.

A motorcycle is considered to be a vehicle as defined in the code as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” Just as with automobiles, motorcycle driver impairment is a serious problem. Statistics show that motorcycle drivers in fatal crashes had higher intoxication rates than drivers of other vehicles.

There are generally more DUI arrests involving cars than motorcycles due to the number of cars on the road, but motorcycles riders are not immune from law enforcement scrutiny. In fact, many motorcycle riders report coming under extra scrutiny from those in the law enforcement community, whether as the result of concerns over “biker gangs” or because the additional equipment and noise regulations that motorcycles must comply with to be street legal. A motorcycle rider stopped for a muffler or equipment violation may soon find him or herself the target of a DUI investigation if the officer notices telltale signs of intoxication such as bloodshot or watery eyes, slurred speech or the odor of alcohol.

The DMV, as well, will suspend a license for DUI on a motorcycle, just like they do with any motor vehicle, including cars.

Contact us now – Let’s Get Started.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

How NOT to get a DUI: How to Drink

How Not to get a DUI:  How to Drink during a night out to remain below the limit.

How Not to get a DUI. Did you know that there are certain simple steps you can take to remain below a .08 during a night out?

Obviously, having someone else take care of the driving, including Uber, Lyft, a limo or a taxi, will avoid you becoming arrested during a night out.   Ride sharing services have resulted in a statistically measurable reduction in DUI arrests and accidents.

But for cases involving alcohol (and not prescription or other drug DUI), it’s helpful to know a little bit about how alcohol works in the body.

Alcohol is hydrophilic, meaning that the molecule attaches itself to water, and evenly distributes itself throughout the body.  Alcohol affects women more than men, mainly because men have more water content than women do (due to higher muscle mass), and affects the brain, because the brain has high water content.

1.  How Not to Get a DUI: Stay Hydrated.

Drinking and Flying Don't Mix

So here’s tip number one – make sure you drink water until you’re fully hydrated before you drink, and drink water between any alcoholic drinks you have.

2.  How Not to Get a DUI: Just Eat Something.

Tip number two is to eat.  Eating something before you drink is extremely important.  When you consume food, the pylorus, or pyloric valve in the bottom of the stomach, closes.  If you have alcohol after eating, the alcohol is introduced into your system at the same rate as whatever the food is in your stomach.  If you eat simple carbohydrates, like sugars, bread and pasta, those are processed fastest. Complex carbohydrates are processed next fastest, followed by protein, and then fats.  So eat protein and fats before drinking.

There is a myth that eating after having consummated alcohol can “sop up” the alcohol. Beware; once alcohol is in your system, only time will allow it to dissipate.  What you eat after the fact doesn’t make a difference.

3.  How Not to Get a DUI: Obey Every Traffic Law.

dui orange county

Once you are driving, you must be careful to obey all traffic and other laws.  This includes having your lighting equipment, tags/stickers, and equipment working correctly. The police will not be legally justified in stopping you, and will not have probable cause for a DUI if you don’t violate the law. Putting aside your cell phone and concentrating on driving can keep you from being pulled over.

4.  How Not to Get a DUI: Be Organized.

Officer DUI Checkpoint

If you are stopped, you may be asked for your license and registration.  Put this in a place where you can get it easily ahead of time.  The police will be watching carefully to see if you fumble as this information is being handed over.

5.  How Not to Get a DUI: Be Polite.

If you are asked if you were drinking, know that you are not required to answer that question, as it could be self incriminating.  I get asked almost daily what the best response to this question is, and the truth is, it doesn’t matter.

The police officer will smell the breath inside the car and from the headliner of the vehicle, to see if there is an odor of an alcoholic beverage.  The police officer will look at your eyes carefully to see if they are bloodshot and watery.  The police will notice if your speech is slurred or slow.  And the police officer will observe, if you get out of the vehicle, whether or not you are unsteady, lean against the vehicle, or have trouble walking or standing up.  Those observations will be the primary determination of your intoxication, not your admissions or confessions to drinking.  You can answer that however you like, but I prefer that drivers answer “my attorney has told me never to answer that question“, and leave it at that.

6.  How Not to Get a DUI: Refuse Everything that is Not Required.

If you are asked to submit to field sobriety tests, you should politely refuse them.  These tests are voluntary under the law, and usually don’t result in you being let go.  They are used to support the officer’s conclusion that you were under the influence. Typically, the officer will just “start” performing field sobriety tests, so you will be placed in the uncomfortable position of asking the officer to stop, or refusing further tests.

If you are asked to take a field breathalyzer to screen for alcohol, politely refuse, as this is a field sobriety test, and is not necessarily used as definitive evidence of your alcohol level.  The law requires, as a condition of your license, that you submit to an evidentiary test (meaning a breath test under controlled circumstances, or blood test), or face a one year suspension of your driving privileges.  So you should agree to take a breath or a blood test.

7.  How Not to Get a DUI: Breath before Blood.

Vincent Turner, 36, left, of Australia laughs as the blood alcohol content (BAC) is revealed for his friend Brandon Lee, 44, of Peachtree Corners, Georgia during the Huntington Beach Police Department's "Know Your Limit" program visited Sharkeez in downtown Huntington Beach. Both men were well under the legal limit. ///ADDITIONAL INFORMATION: hb.1009.dui Ð 9/26/14 Ð LEONARD ORTIZ, ORANGE COUNTY REGISTER - _LOR7166.NEF - Reporter and photographer will visit HB Main Street bars with HBPD officers for the "Know Your Limit" Program. This program offers voluntary breathalyzer tests to bar patrons to help educate people about how intoxicated they are.
Breath testing machine in Huntington Beach

In my opinion, and other attorneys might have a different view on this, you should take a breath test instead of a blood test.  I say this, despite the various defenses available for blood tests, for specific reasons.

First of all, the law is written to measure “blood alcohol content“.  Taking a measure of alcohol from your breath means that it needs to be converted to a range of what your blood alcohol level should be.

That conversion allows for argument, since the breath machine doesn’t know (but assumes) your lung capacity, or how much your body weight, water content, etc., deviates from the standard used.

Second, the breath machine is subject to manipulation more than blood testing devices are.  There are many defenses to breath tests in a DUI. Breath machines are sensitive to fermentation caught in dental work, or between teeth, or from someone belching, burping, vomiting, or suffering from Acid Reflux or GERD.  Airbag dust, diabetes or a ketogenic diet, or earlier exposure to paint fumes can create a false positive. Breath machines are also highly sensitive to temperature and atmospheric pressure.

If at all possible, without creating a safety issue for the officers, or the jail, delay testing as much as possible, if you have been drinking 2-3 hours or more before the test.  This allows the time factor to work in your favor, burning off alcohol, and putting you into the dissipation phase.

When you are in front of the breath machine, just as holding your breath warms the air, and makes your test result higher, cooling the air going into the machine makes your breath test lower than it might otherwise be.  Remember, breath machines are highly sensitive to temperature.  Hyperventilating, or taking deep but fast breaths, cools your breathing passageways, and will result in a (slightly) lower breath result.

So, the short answer is, refuse the field sobriety tests, refuse the field breathalyzer, delay as much as possible, and then choose a breath test and hyperventilate before taking the test.

8.  How Not to Get a DUI: Fight your Case.

Should I fight my DUI?  That depends.  There is a lot of grey area in between “fighting your case” and “accepting whatever punishment you get”.  A good lawyer that knows DUI well and specializes in handling DUI cases will be able to analyze your case and come up with the best strategy for your defense.  It may be, given the facts of your case, that you have a very good motion to dismiss your case, or a very good chance of winning at trial.  In that case, it would not make sense to take the first deal offered to you, or any deal at all.  It may be that after analyzing all the facts of your case, your lawyer will assess that you have a poor chance of winning at trial.  However, even in that situation, you should decide whether or not to take your case to trial based on the deals that have been offered to you to date.  If you were offered an alcohol school plus thirty days in jail, and your lawyer tells you that you would likely not get jail if you went to trial (based on experience with the judge, the court, or the facts of your case), you may want to take your case to trial, to get a “better deal”.

That is where you will need to be heavily involved in your case.  While a DUI lawyer can give you all you need to empower yourself to make the decisions about what is best for you, measure the risk of each decision involved, and agree on a strategy or come up with a long term solution that you can live with, and that meets the goals that you and your attorney originally set up at the beginning of the case.

9.  How Not to Get a DUI: Get a DUI Lawyer.

Association California DUI Lawyers

Do I need a lawyer?  Although this may seem like a biased opinion, you may, or may not.  An experienced Orange County DUI lawyer, during a free consultation, can review the basic facts of your case and see if a lawyer would make a difference for the long term future of your case.  Lawyers have a duty of honesty to you, and if a lawyer can’t help, they should truly let you know that and come up with solutions for you so that you can feel comfortable handling your case yourself, or can offer to handle court appearances or negotiating a plea bargain for much lower than the full price of services through trial.

What really matters is that a lawyer who is specifically trained to handle DUI will know of defense strategies that even other attorneys don’t know about, and that you would not know about by even after reviewing the police reports yourself.  Just as handling your own IRS Tax Audit, or even doing your own medical diagnosis- you can do it yourself, but you usually get much better results when an expert handles the case for you.

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If you want the services of our top rated DUI Lawyers contact us. We can help you with your case.