Best Dui Attorney Orange County – Being charged with a DUI (driving under the influence) can be a scary experience, especially if this is your first run-in with the law.
You will be searched, arrested, fingerprinted and given a criminal record, often for honest mistakes you make on the road.
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At the Law Offices of Brian R. Kazarian, we believe that one should not have to pay the long-term cost of a short-term mistake.
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When you face a DUI charge in Orange County, your reputation, finances, driver’s license, and freedom are all at stake. You need the help of a qualified and experienced DUI attorney who knows how to fight for your rights and your future.
At the Law Offices of Brian R. Kazarian, we have a long history of success defending clients in challenging DUI cases. If you have been charged with a DUI in Orange County, contact us immediately. we can help
Even if the evidence against you seems overwhelming, with the help of our expert Orange County attorneys, you have a good chance of avoiding the worst consequences.
If the police suspect that you were operating a vehicle while “under the influence” of alcohol or a controlled substance, you may be charged with a DUI.
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For DUI charges, a person is considered “under the influence of a substance” if his physical or mental abilities are so impaired that he is unable to operate a vehicle with the care and caution of a sober person. Usually to one person.
(a) A person who has consumed any alcoholic beverage is prohibited from operating a vehicle.
(b) Any person with a blood alcohol content of 0.08 percent or more by weight is prohibited from driving.
Each section of the above laws is considered a separate crime in California. So if you are pulled over in Orange County and your BAC or BAC is .08% or higher, law enforcement officers will typically charge you with not one felony, but two misdemeanors. Under California Penal Code Section 654, you can only be punished once if both offenses are related to the same incident.
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Note that the law refers to driving a car. It doesn’t have to be a car. It can be a car, a motorcycle or even a bicycle.
Also, keep in mind that a vehicle does not have to be running to be charged with a DUI. Additionally, if you are able to control your bike without pedaling and the officer suspects you are under the influence, you may be stopped.
In Orange County, most people charged with DUI are pulled over by police and found to have a blood alcohol content of 0.08 percent or more or to be driving under the influence of an alcoholic beverage.
By far the most common definition of a DUI arrest is when law enforcement officers look for symptoms of intoxication at a traffic stop or sobriety checkpoint.
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Based on the officer’s observations, including a test of the driver’s breath or alcohol odor inside the vehicle, the driver may be required to perform multiple field sobriety tests to determine whether he is under the influence of alcohol.
You are not required by law to submit to any field sobriety tests. However, the police can still arrest you if you refuse.
After arrest, you may be asked to submit a blood or breath sample. You can choose any of them, but you have to accept one.
If you refuse to take one of the tests, the officer will fill out a DMV form indicating your refusal to provide a sample. This will result in a further suspension of your license and may result in the submission of an enhancement application under CVC § 23612.
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Once arrested you must resist the temptation to say anything to the police and plead not guilty.
Take advantage of your right to a consultation and contact the Law Offices of Brian R. Please contact Kazarian as soon as possible so we can guide you through the legal process.
You must have a provisional driver’s license at the time of your arrest. A temporary driver’s license is valid for 30 days and on the 31st your license will be suspended due to a DUI arrest.
To appeal a driver’s license suspension, you must request a DMV hearing within 10 days of your arrest, regardless of the circumstances of your arrest.
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When you contact the DMV to schedule a hearing, you must also request that your license suspension be lifted. An experienced attorney can preserve your driving privileges during the DMV hearing. If your driving privileges are preserved, your license will remain valid until the outcome of the DMV hearing. After the DMV hearing, the DMV will make a final decision regarding your driver’s license suspension and it will go into effect.
As of 2019, people facing a driver’s license suspension for DUI in Orange County can continue to drive if:
Therefore, even if your license is suspended, your attorney can restore your driving privileges.
The burden is on the prosecutor to prove that you were driving under the influence. This is not a simple matter. Generally, the prosecution will attempt to prove two counts: CVC 23152 (a) and (b).
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To do this, the prosecutor at trial must meet and prove beyond reasonable doubt the following elements of each crime:
Evidence often depends on the observations and actions of law enforcement officers and the accuracy of testing equipment, all of which our experienced Orange County attorneys can challenge.
To help prepare your defense, write down as many details as possible of what happened before, during, and after your arrest.
At the Law Offices of Brian R. Kazarian, we will begin analyzing your case by examining all available evidence against you to identify legal or factual issues or inconsistencies.
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This may include visiting the location where you were arrested, researching the arresting officer’s training and background, and examining their actions at the time of the arrest.
In order to conduct a legal stop, the officer must have reasonable suspicion and/or reasonable grounds to believe that the driver of the vehicle is violating the law.
Reasonable suspicion and/or probable cause may be established by observing any violation of the California Vehicle Code, such as speeding or driving too slowly, unsafe lane changes, driving without lights, or equipment violations.
In arresting him, police may have violated one or more of his constitutional rights. If this is the case, and the court hearing your case agrees, some or all of the evidence may be excluded from the court. This may even result in the case against you being dismissed outright.
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Your attorney Kazarian at the Law Offices of Brian R. will do his best to hear the facts of your case to determine whether your constitutional rights were violated when you were arrested.
To be convicted of a DUI, the prosecutor must prove that you were driving the vehicle and that you were under the influence of alcohol and/or drugs.
This can be challenging if the police are not directly monitoring the moving vehicle while you are driving.
In the absence of such direct observation, the prosecution will have to rely on other means of proving that he was driving before contacting you, which can be problematic.
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Most DUI charges brought by the California District Attorney’s Office are based on the results of blood or breath samples taken after a DUI arrest.
Like most types of technical equipment, breathalyzers used by police can be damaged, miscalibrated, or misused.
Your attorney will review the calibration records, readings, and history of the equipment used to determine BAC in samples taken from you, as well as the procedures for collecting and testing those samples.
Prosecutors have the power of the state behind them when investigating any criminal charges, including drunk driving. This means you need an experienced criminal defense attorney to protect your rights and freedoms. At the Law Offices of Brian R. Kazarian, once we understand the facts of your case, our team will sit down with you and begin developing your defense strategy so that we are prepared to challenge the evidence against you.
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If you or someone you care about has been charged with a DUI in Orange County, Los Angeles County, Riverside County, San Bernardino County, or San Diego County, please contact the Law Offices of Brian R. Kazarian can help. We will work to develop a defense strategy aimed at obtaining a dismissal, reduced charges, and/or a reduced sentence.
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