As someone facing DUI charges in Orange County, California, it’s important to understand that these charges are serious and can have significant consequences. A DUI conviction can result in heavy fines, the loss of your driver’s license, and even jail time. However, it’s essential to remember that you have rights and options available to you, and you can fight against DUI charges. Don’t wait to speak with an Orange County DUI defense lawyer today.
What the Prosecutor Must Prove to Convict You of DUI in California
To convict you of DUI in California, the prosecutor must establish several elements beyond a reasonable doubt. They must prove that you were operating a motor vehicle under the influence of alcohol or drugs to the extent that you were incapable of safely operating the vehicle.
California has a legal limit of 0.08% blood alcohol concentration (BAC). To obtain a conviction, they must demonstrate that your BAC level exceeded this limit at the time of the arrest. However, it’s important to note that you can still be convicted of DUI even if your BAC is below the legal limit if the prosecutor can prove impairment.
Some evidence they might use includes:
- Field Sobriety Tests: If you engaged in field sobriety tests, the prosecutor may use the results to argue your impairment. However, it’s crucial to note that these tests are subjective and may be challenged as unreliable.
- Chemical Test Results: If you submitted to a chemical test, such as a breathalyzer or blood test, the prosecutor will rely on the results to prove your BAC level exceeded the legal limit. However, these tests can also be challenged on various grounds, such as improper administration or calibration issues.
- The Arresting Officer’s Observations: Even in the absence of test results, the prosecutor may use the arresting officer’s observations about your conduct, behavior, appearance, or the odor of alcohol as evidence against you.
You Can Fight DUI Charges
If you’re facing DUI charges in Orange County, it’s important to understand that you have the right to fight these charges. There are several common defenses against DUI charges that an experienced Orange County DUI defense lawyer can raise on your behalf:
- Improper Stop: If law enforcement did not have reasonable suspicion or probable cause to stop your vehicle, your attorney can argue that the stop was improper, leading to the dismissal of the charges.
- Inaccurate Testing: Your attorney can challenge the accuracy of the field sobriety tests or chemical tests, raising questions about their validity and reliability.
- Breathalyzer Calibration: Breathalyzer devices must be regularly calibrated and maintained. Your attorney can investigate whether the device used in your case was properly calibrated, potentially leading to the suppression of the test results.
- Rising BAC Defense: Your attorney may argue that your BAC level was below the legal limit at the time of driving but rose above the limit by the time the test was administered.
- Medical Conditions: Certain medical conditions can lead to false positive results on breathalyzer tests. Your attorney can present evidence of any relevant medical condition that may have affected the accuracy of the test results.
Consult a Orange County DUI Defense Lawyer Immediately
If you’ve been charged with a DUI, it’s crucial to consult with an Orange County DUI defense lawyer as soon as possible. We will assess the details of your case, evaluate the evidence against you, and develop a strong defense strategy tailored to your specific situation
Contact the Law Offices of William W. Bruzzo today at (714) 5474636 or use our online form to schedule a free case evaluation. Don’t delay in seeking legal representation to build a strong defense against DUI charges.