Orange County, CA Criminal Defense Law Firms & Lawyers | Page 27 Results

Miranda rights are not a great as television makes them appear. You only are entitled to have your rights read to you if you are in custody and the police interrogate you while you are in custody. The only thing that happens if they interrogate you while in custody without warning you of your rights is that if you make any inculpatory (guilty) statements, then those statements can be suppressed. That's it.

This is definitely not going to be a do-it-yourself project. You're going to need a local criminal defense attorney that routinely practices in the court where your case will be heard. First - do not miss the 10 day window to request a hearing with the DMV or they will automatically suspend your license for 4 months no matter what happens in court. When you were arrested, the police likely took your driver's license and issued a temporary license (the pink 8 1/2 x 11 paper). That is the only notice of the 10 day period you have to request a hearing with the DMV. The DMV and court are separate and you must fight both. Regarding your court case and getting it reduced or dismissed - without seeing the reports or knowing your blood alcohol level, your question is impossible to answer. There are two DUI charges - 23152(a) and 23152(b). The (a) section makes it illegal to drive while under the influence of alcohol and/or drugs. There is no magic number for that charge. You could be a 0.07% (under the "legal limit"), but if you're intoxicated and cannot operate your car adequately, you could potentially be charged with and convicted of that count. The (b) count is driving with 0.08% or more in your system. That doesn't have anything to do with how well you were driving - it is just about whether you were at or above the limit. You could be driving perfectly and be pulled over for a broken tail light, but if determined to be at/over 0.08%, you could be charge with and potentially convicted of that section. Both count the same on your record and both carry the same punishment (in fact, you cannot be punished for both since they arise from the same facts). If your case is reduced, it could mean keeping your license, avoiding all the harsh DUI penalties, etc. Will it be? That depends on the facts of the case (including your blood alcohol level), what defenses you may have (challenges to the validity of the initial stop, the investigation, the accuracy of the alcohol results, etc.) and what other mitigating factors you may have in your favor. The only way to truly assess your case is to sit down face to face with a local criminal defense attorney. Again - Don't miss that 10 day window to contact the DMV.

If you are over 21, then the DA or CA will only be able to charge you with 23152(a) and have to prove that you were impaired. It makes their case A LOT harder but not impossible. Unfortunately, without seeing what evidence they have against you, it would be hard for any one to say whether or not you can "beat" the DUI. It is very likely that you were not guilty of the crime but, again, a review of the evidence would be necessary in order to make that determination.