Remember, there are two ways to be convicted of DUI in Orange County:
The phrase “drunk driving” is misleading. A driver doesn’t need to be “drunk” to be considered under the influence for the purposes of a Driving Under the Influence (DUI) conviction in California. The relevant question is whether a driver was impaired so much that he/she was not as cautious or alert as a non-drinking person would have been under similar circumstances.
While the prosecution needs to thoroughly analyze the facts in the case to prove DUI, an Orange County DUI defense attorney must do the same to disprove a DUI charge. The Fourth Amendment of the United States Constitution requires some minimal level of objective justification for making the stop, meaning the officer initiating the vehicle stop must be able to give a reason why he stopped a car beyond just a suspicion or hunch.
An actual vehicle code violation is most commonly cited in most DUI stops, but not required to justify a stop. Some common vehicle code violations include non-working taillights, failing to use a turn signal, or rolling through a stop sign.
Next, the arresting officer will note any observations of the common objective symptoms of intoxication (odor of alcohol, slurred speech, red eyes, flushed face, etc). The officer will detail in his police report the driver’s ability or inability to pass the field sobriety tests. Last, scientific evidence will be gathered though a breath or blood test to determine the concentration of alcohol in the driver’s blood or breath.
However, this scientific evidence is not absolutely necessary for a DUI conviction. Individuals who have refused to submit to any chemical blood or breathe test for alcohol concentration have been convicted of DUI solely on the basis of the testimony of police officers as to the defendant’s erratic or unlawful driving behavior.
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At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing drunk driving charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-764-2615 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.