If you have been arrested for DUI in Orange County or Irvine, the first thing you should do is speak with a knowledgeable attorney who has a proven track record of successfully representing past DUI clients.  Speaking with an experienced DUI Defense Lawyer is the first step in building a strong case and solid defense.  By working with a DUI Attorney, you can review your case and question the facts surrounding your individual situation.  A talented lawyer may be able to find law enforcement or test result errors that will aid in your defense.  In some cases, law enforcement errors or mistakes can lead to the reduction or dismissal of a person’s criminal charges.  Common errors made by law enforcement include:

Police Officers not having sufficient Probable Cause:  Before law enforcement officials can make a DUI traffic stop, they must have sufficient probable cause.  If law enforcement officials do not have sufficient probable cause, they cannot legally make the DUI traffic stop.

Failure to Read Miranda Rights:  In some cases, a police officer may fail to read a driver his/her Miranda Rights before placing the person under arrest.  Miranda Rights are read to inform the person of his/her right to remain silent, right to an attorney, and right to have an attorney appointed to him/her.  If the officer does not read the driver his/her Miranda Rights, anything the driver said before his/her arrest may not be admissible in court. 

Inaccurate Field Sobriety Test Results:  After a person is suspected of drunk driving , he/she may be asked to perform a series of field sobriety tests for the police officer.  It is up to the police officer to determine if the person has passed or failed his/her field sobriety tests.  The police officer must closely monitor the person’s balance, coordination, and motor skills while the person performs the test.  It is believed that if a person is under the influence of drugs and/or alcohol, he/she will have poor coordination.  However, a person can perform poorly during the field sobriety tests for many reasons other than being intoxicated.  Some of these reasons may include:  slippery road conditions, poor lighting, poor instructions, and medical conditions that impair the person’s coordination. 

Virginia L. Landry graduated from Northern Arizona University in 1982 and then went on to receive her law degree from Western State University in 1988.  Following the completion of her law degree, Ms. Landry opened her own Law Offices. Orange County Defense Attorney, Virginia L. Landry, is a solo practitioner.  She is admitted to practice in all California state courts and the United States District Court, Central District.

Ms. Landry is a fierce advocate of her clients’ rights.  Since opening her own Law Office, Attorney Landry has helped countless clients fight their DUI charges in Orange County and surrounding areas.  As a skilled DUI Defense Lawyer, Ms. Landry understands that all DUI charges demand aggressive defense.  That is why Attorney Landry places every effort into her clients’ criminal cases.  Her primary aim is to make sure that her clients receive the best possible case outcome in court and after their DMV Hearings. 

Virginia L. Landry is a past president of the West Orange County Bar Association and a past director of the Orange County Bar Association.  She is also the current secretary of the West Orange County Bar Association. Ms. Landry actively participates as a member of the National College for DUI Defense, the National Association of Criminal Defense Lawyers, and the California DUI Lawyers. Ms. Landry also has professional memberships in the American Bar Association.

Being charged with driving under the influence for the first time is frightening and can lead to harsh legal consequences.  However, being charged with DUI for the 2nd, 3rd, or even 4th time is extremely serious and can lead to life impairing penalties if the offender is convicted.
 
“Multiple DUI” is a term that refers to a 2nd, 3rd, or 4th DUI offense.  If you have been charged with a subsequent DUI offense in Orange County or Irvine, you need to consult with a reputable DUI Defense Attorney.  The consequences associated with a multiple DUI convictions are far too severe to forgo legal representation.  The following is a list of possible legal penalties for people who are convicted of 2nd, 3rd, or 4th DUI offenses.

2nd DUI Offense 
Jail: 90 days to 1 year
Fine:  $390.00 to $1,000.00, with possible penalty assessments
License Suspension:  up to 2 years
Treatment Program:  18 months or 30 months in drug/alcohol treatment program

3rd DUI Offense
Jail: 120 days to 1 year
Fine:  $390.00 to $1,000.00, with possible penalty assessments
License Suspension:  up to 3 years
Treatment Program:  18 months or 30 months in drug/alcohol treatment program

4th DUI Offense
Jail: 180 days to 16 months
Fine:  $390.00 to $1,000.00, with possible penalty assessments
License Suspension:  up to 4 years

What is blood alcohol concentration?

Blood alcohol concentration (BAC) refers to the amount of ethyl alcohol that is present in a person’s blood stream.  A person’s blood alcohol concentration can be determined through the administration of a breath, blood, or urine test. 

Blood Alcohol Concentration and DUI Arrest

When a person is stopped for driving under the influence , he/she will be asked to submit to a breath alcohol test by law enforcement.  The person has the right to refuse to consent to the breath alcohol test.  However, refusal to submit to the initial breath alcohol test may lead to additional legal consequences if the person is convicted of DUI.  If the person consents to the breath alcohol test, and his/her BAC is 0.08% or higher, he/she will be placed under arrest for driving under the influence.  In the state of California, it is illegal to operate a motor vehicle with a BAC of 0.08% or higher. 

Blood Alcohol Concentration and License Suspension

If the person’s BAC is 0.08% or greater, his/her driver’s license will be confiscated by law enforcement, and he/she will be given a temporary driver’s permit.  This permit will allow the person to drive for up to 30 days.  After the 30 day period, the person’s driving privileges will be automatically suspended.  To avoid suspension, the person must schedule a hearing with the DMV within 10 days of his/her arrest to contest the suspension. 

Inaccurate Blood Alcohol Test Results

Most people are under the impression that blood alcohol tests are 100% accurate, but this is not true.  In many cases, it has been discovered that the person’s reported BAC was inaccurate.  Inaccuracy can stem from many things, including:  defective test equipment, improper test administration, unlicensed or uncertified person administering the test, and police radio interference (common with breath alcohol tests).  Additionally, the person may have an inaccurate BAC if he/she ate before the test, used mouth wash, hiccupped, vomited, or wears dentures.

The number one cause of most motor vehicle accidents is negligence.  Negligence is legally defined as the failure to act with the same amount of caution a normal person would exercise in the same situation.  Common negligent driving behaviors include:  disobeying traffic signs, disobeying traffic laws, talking to other passengers, talking on cell phones, and driving under the influence . 

When people drive under the influence of drugs and/or alcohol, they not only endanger them selves, but also the lives of others.  People who drive under the influence cause numerous fatal accidents each year.  For this reason, people who are facing DUI/DWI Accident charges may be susceptible to serious legal consequences if they are convicted.

DUI Accidents and Legal Penalties

If a person is convicted of DUI, he/she may be sentenced with jail time, monetary fines, community service, probation, DUI School, and license suspension.  A person’s legal penalties and charges can be enhanced if he/she caused an accident while driving under the influence .  This is especially true if the person’s negligent behavior led to the bodily injury of another person(s), the wrongful death of another person(s), or extensive property damage.  If the DUI Accident led to the death of another person(s), the defendant may be charged with vehicular manslaughter, as well as DUI.

Once a person has been charged with DUI, or has caused a DUI Accident, he/she needs to consult with a reputable criminal defense attorney.   Speaking with an experienced DUI Defense Lawyer is the first step in building a strong case and solid defense.  By working with a DUI Attorney, you can review your case and question the facts surrounding your individual situation.

Orange County California DUI defense Lawyer