Proven DUI Defense in Orange County, CA
If you are facing any type of DUI charge, consult a defense lawyer at Gold
& Witham. We can use our 40+ years of combined experience in criminal
law to fully investigate your case and work to build an effective defense
in your favor. Our practice is limited to DUI defense—and only DUI
defense. Our commitment to this area of law has enabled us to be at the
cutting edge.
Types of DUI-Related Charges
The common charge is covered in California Vehicle Code § 23152. When
charged, a driver is likely to face two separate charges: driving with
a BAC of 0.08% or higher and driving while under the influence of alcohol
or drugs. In the first, guilt is usually proven with
breathalyzer test results, or blood test results. In the second, guilt is typically proven by
field sobriety test results.
An individual under 21 years of age will face charges under California's
Zero Tolerance law, which is covered in California Vehicle Code §
23140. Under this law, any underage driver cannot operate a vehicle with
a BAC of 0.01% or higher. A conviction for this offense will result in
a license suspension of 1 year. Additionally, an
underage DUI charge may include standard DUI charges.
Additional DUI charges include, but are not limited to, the following:
The specific circumstances of an arrest will determine the
penalties he or she may receive. With any type of DUI conviction, a driver will
lose his or her driving privileges. Additional criminal penalties may
include fines, court fees, community service, installation of an ignition
interlock device, alcohol rehabilitation, and time in county jail or state
prison. A civil lawsuit may also be brought against a defendant, where
the victim(s) seeks monetary compensation.
Potential Drunk Driving Defense Strategies
There are many ways in which a defense lawyer can attack the prosecution's
case and evidence in a driving under the influence case. Breathalyzer
tests, field sobriety tests, and other means that law enforcement use
to make an arrest are all subject to discrimination. These tests are not
entirely accurate, and an officer's personal observation can easily
be entirely incorrect.
Some possible arguments a DUI lawyer may use to combat criminal charges:
- The officer did not have probable cause to pull the driver over in the
first place
- The field sobriety tests were administered improperly
- The officer was not trained on how to deliver DUI tests properly
- The conditions for field sobriety tests were poor (ex: uneven road)
- The driver has acid reflux disease or heartburn which led to a high BAC reading
- The alleged signs of intoxication the officer observed were actually signs
of fatigue
- The officer did not properly observe the driver for 15 minutes before the
breath test
Defending Charges of Intoxicated Driving
When the DUI defense lawyers at Gold & Witham take on a case, we do
everything we can to familiarize ourselves with every aspect of the arrest,
of the client's physical condition at the time of the arrest, the
officer's behavior, police reports, witness testimony, BAC evidence,
and much more. By gathering all the information and reviewing it with
a microscope, so to speak, our experienced defense attorneys can find
that factor(s) that we can use in defending the case.
You can be confident knowing that our firm will be by your side every step
of the way to help defend your rights. We know how daunting it can be
to deal with these types of cases, and we will stop at nothing in our
efforts to provide comprehensive legal aid. We understand the need to
always provide our best assistance and even if we find that getting charges
dismissed is impossible, we will simply dig in to help our clients in
the fight to get charges lowered and the penalties reduced.
For this reason, do not hesitate to
contact our firm!