23152(a): It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

23153(a): It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

23153(b): It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

20002(a)(Hit & Run): The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.

23577: Refusal To Submit To A Chemical Test Enhancement.

23582: Excessive Speed Enhancement.

23572: Passenger Under Age of 14 In Vehicle Enhancement.

14601: Driving on a Suspended License

12500: Driving without a Valid License

13202.5: Under 21

If your changes reflect any of the following criteria, it is essential that you consult with a DUI specialist.

• Drivers Who Injure or Kill Others
  
• Drivers Who Were In An Accident
  
• Drivers With Prior Convictions
  
• Drivers Who Have Refusals Alleged
  
• Drivers Who Have Levels Of + .20%
  
• Drivers Who Hit and Run
  
• Drivers On Probation
  
• Drivers Under The Age Of 21
  
• Drivers Who Were Speeding In Excess Of 30 Mph Of The Posted Speed Limit
  
• Drivers Who Have Children Under 14 Years Old In The Vehicle
  
• Who Have A Low BAC (.12% Or Lower)

Judges in many Orange County Courts will treat these drivers differently from their initial appearance in court through the final sentence that is imposed. Some of these differences are required by law, such as mandatory minimum jail sentences for certain offenses or for multiple convictions; others are at the discretion of the individual judge. Many judges will set additional bail for multiple offenders and remand them into custody until a bond is posted. Drivers who are currently on probation will have their probation revoked and a probation violation hearing will be set. A probation violation for a prior offense could lead to additional jail time. Drivers with high levels may be required to attend Alcoholics Anonymous Meetings (1-7 Meetings per Week) as a condition of release until the case is over. If you fall within any of the above categories you should consult a DUI SPECIALIST who is familiar with the local judges and the courts. I have appeared in these courts and defended clients before these judges for thirty years. I am familiar with all local procedures and the differences in each judge and how they view or react to certain specifics in a DUI case. The more experienced your attorney has in these courts with DUI matters, the better your chances of obtaining a favorable result in these courts.

Your First DUI

Don't feel hopeless about getting your charge reduced or dismissed, even if you have bee charged with a DUI and the blood alcohol test shows your were well over the legal limit! A competent DUI lawyer can explore the many issues that are likely to result in the changes being reduced or dismissed. Was the stop lawful? Can they prove you were driving? Were the proper testing procedures followed with the chemical testing? In many cases a person's blood alcohol level was lower than the legal limit at the time of driving, even though they were above the limit at the time of the testing. All of these issues can result in a resolution of your charges without being convicted of a DUI.

These same issues can be contested at the DMV hearing, and if there was non-compliance with the proper procedures, it could result in no license suspension by the Department. A skilled DUI lawyer familiar with the DMV hearing procedures, knows how to contest there issues & can often save your driving privileges.

I can attest to many instances where I have had charges completely dismissed because the DUI checkpoint was improperly conducted, or the probable cause for the stop was insufficient. I have won many DMV hearings because the officer's documentation was insufficient to support a suspension. A simple independent analysis of the blood can often show that the blood alcohol was lower than that which was reported. This has also resulted in a reduction of the criminal charges in many instances. A mistake in the machine calibration could mean that the prosecution will have a hard time showing that you were intoxicated. A competent DUI lawyer will utilize this information to negotiate the best results.

Even after the court case is completed, there are many follow up issues of which the court will not have informed you that could lead to a license suspension. A knowledgeable DUI lawyer will inform you of these procedures and insure you that you will not mistakenly violate your probation or loose your license due to inadvertence. Also, by utilizing an attorney, you may never have to appear in court.

The bottom line is that using a lawyer who KNOWS how to handle a DUI charge can result in you getting a much better outcome than trying to represent yourself or using a lawyer who is not familiar with DUI defense.

DUI WITH INJURY ACCIDENT

A DUI involving an accident and injuries is a different type of case than a straight DUI. It can either be charged as a misdemeanor or a felony. What makes the difference in charging is the severity of the injuries. If the injuries are minor you have a good chance that it will be charged as a misdemeanor or provide the basis for a plea bargaining down to a misdemeanor.

You must hire an attorney that will thoroughly investigate the injuries. People tend to exaggerate their injuries in auto accident cases so they can get a good settlement from the insurance companies. Subpoenaing the insurance file and the doctors records may well show that the injuries are just a sore neck. If the DA thinks the victim is exaggerating you will probably get a good plea bargain.

If the injuries are serious enough and your blood alcohol or driving conduct was aggravated, you could go to prison even if it is your first offence. The courts are not quite as liberal as they are on a regular DUI. In a DUI with injury it becomes quickly apparent how serious driving under the influence is and they will be less likely to give you the benefit of the doubt. You need a competent and experienced DUI lawyer for a case involving Drinking & Injuries.