Providing DUI Defense for Anaheim
Arrested for DUI in Anaheim?
It’s important to act quickly after you have been arrested on DUI charges in Anaheim. The clock starts ticking the moment of your arrest; from there, you are given only TEN calendar days to contact the DMV to schedule a Hearing to challenge the DUI suspension of your driver’s license and to arrange for a stay of the suspension which will otherwise go into effect in 30 from your arrest.
Hiring an experienced DUI lawyer can help you fight your arrest by the Anaheim Police. An experienced DUI lawyer will arrange a hearing with the DMV so you can defend yourself against these charges. If you fail to schedule a hearing within this time-frame, your license will be suspended automatically for 4 months to 4 years depending upon how many prior convictions or Administrative actions you have had within the last ten years and whether you refused to submit to a test to determine your alcohol level.
You shouldn’t wait until the last minute, either, your DUI attorney will need as much time as possible to help you construct a defense. The Law Office of Barry T. Simons can help you keep your license, avoid massive fines, and stay out of jail.
What You Need to Know Now
It’s important to realize that the hearing is NOT a trial but if handled properly it becomes a way for your attorney to mount an initial defense on your behalf that will not only help to save your driver’s license but also create a foundation to defend your arrest in Anaheim in the Superior Court in Fullerton.
The Law Offices of Barry T. Simons has been handling DUI cases from Anaheim for over 40 years and has developed strategies which utilize the DMV proceedings as a foundation for the defense of your case.
We will immediately set your Hearing and get a stay on the suspension of your license. We will then obtain discovery from the DMV, the Orange County Crime Lab and the Anaheim Police Department including the DUI arrest reports and copies of all video’s including those from the body cam’s of the Anaheim Police Department. We get this discovery independent from the Court case and will therefore know more about your case than the Anaheim City Attorney or the Judge.
At the hearing, your lawyer will have the opportunity to cross examine the arresting officer and present any witnesses who can assist in your defense. In addition, your attorney will be able to introduce evidence that supports you. It’s possible that your lawyer will be able to persuade the Hearing Officer to set aside the suspension against you, which means your license will be returned to you.
Anaheim Police Department has Body Worn Cameras and jail videos, however they only retain their jail videos for 30 days.
If Your Case Is Going to Trial
If your case goes to trial, your lawyer will continue building a defense for you. He will analyze evidence and contact expert witnesses. You may have a valid defense even if your blood alcohol content (BAC) exceeded the legal limit, so there is still hope even if your case is sent to the courts. Having an experienced Anaheim DUI attorney who is fully aware of all applicable laws will maximize your chances of success.
What You Should Know About the Breath Test
A lot of people believe that there is no effective defense against a failed breathalyzer test, but this is false. These tests are not infallible, as their accuracy can be compromised by a variety of factors, such as the weather, your unique physiology, and the competence of the officer administering the test. Even if you had alcohol in your system, the test may have brought back an exaggerated result.
Breath tests are accurate only if you haven’t had a drink within two hours
If you are returning from the bar, it’s likely that your last drink was less than an hour. It is not a crime to have alcohol in your stomach and alcohol in your stomach does not effect your BAC. The crime of DUI only relates to your condition at the time you were driving not the time you were tested! This may result in a distorted breath-test result.
Breath tests have an “acceptable” margin of error of .02%
This number may seem small, but it can be a major factor. This .02% margin of error can put you above the legal limit (.08%) when in fact your actual blood-alcohol level was within the acceptable range. For example, if your BAC is .06%, and the machine is off by .02%, you could be arrested.
Medicine, Weather Conditions, and Your Health Can Affect the Breath Test
A variety of physiological or environmental factors can lead to false positives. Therefore, it is important to inform your Anaheim DUI lawyer about any physical conditions or medications that may be relevant.
Officers are required to watch you continuously for 15 minutes prior to administering the test
To reduce the chance of a false positive, officers are trained to observe you for no less than fifteen minutes prior to administering the breath test.
The Law Office of Barry T. Simons is well versed in these aspects of DUI law, including the inadequacies of field sobriety testing. Often it’s possible to have this evidence thrown out of court, which makes it substantially more difficult for the arresting officer to prove that you were impaired by alcohol.
Orange County DMV Office
790 The City Drive, Suite 420
Orange, CA 92868
Anaheim Courthouse
North Justice Center
1275 N. Berkeley Ave.
Fullerton, CA 92832
Get Driving Directions to our office
Call (949) 497-1729 for a free consultation.
