A BAC of over .08% does not mean that there are no defenses in your DUI case. A trained DUI defense attorney could assess which defenses arise in your particular Orange County DUI case. Whether you were pulled off on the shoulder asleep at the wheel or there is a question as to the validity of the arrest, you may be able to get the charges reduced or even dismissed.
An officer must have probable cause or a reason for pulling you over prior to an arrest for a DUI-DWI. This will most likely be in the form of a vehicle code violation such as speeding or failure to stop at a stop sign. While this may seem fairly standard, many police reports lack probable cause in Orange County DUI arrests. A capable attorney will request discovery from the DMV which includes the police report from the night of the drunk driving arrest. If a police officer failed to state probable cause, you may have a strong defense in your DUI case.
Most DUI arrests occur late at night or in the early hours of the morning when drivers are tired and suffering from a lack of sleep. A cautious driver may decide to pull over and rest as opposed to remaining a danger on the road. An arresting officer must establish that you were over the legal limit for alcohol or violated a vehicle code section while driving. Finding a driver along the side of the road asleep may lack sufficient probable cause for the arrest since a police officer would not have observed the actual driving of the suspected drunk driver. Depending on the circumstances of your DUI case, a proficient Orange County defense lawyer will be able to determine whether to raise the no driving defense in your case.
Poor performance on a field sobriety test does not mean that you will automatically be convicted of a DUI. Several additional factors may have led to failure other than intoxication. These could include but are not limited to pre-existing medical conditions, poor road conditions, time of day, flow of traffic, anxiety and exhaustion. After a drunk driving arrest, write down everything that you can remember before, during and after the arrest. This may be very helpful to an attorney who is building a defense in your favor. Furthermore, simply because a breath or blood sample taken from you before or after your arrest indicated a BAC of over .08% it does not mean that your case is over. The sample could have been contaminated due to inadequate maintenance of the breathalyzer or failure to conduct the test under national regulations. An able lawyer could subpoena records and conduct independent testing to ensure that the most adequate results possible are received in your DUI case.
A number of other DUI defenses are available in a case in Orange County. Contacting a practiced attorney is the best way to determine what options are available to you in your case.
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