We Thoroughly Understand the Complexities of a DUI Defense in  

Our decades of experience in defending clients in  DUI Arrests and Loss of Driving Privileges means that we thoroughly understand the stresses and considerations of the people who come to us for help. Driving under the influence of alcohol (DUI) is the most common offense in the United States.

As your award-winning  DUI attorneys, we approach our clients with kindness and understanding and fiercely advocate for their best outcome.

The majority of people charged with a DUI have little knowledge of the legal system because they have never been in trouble with the law before. Noncriminal, respectable citizens are suddenly faced with charges that are more complicated than they realize, and attorneys who haven’t specialized in DUI cases realize.

Representation of DUI defendants is sometimes attempted by attorneys not versed in drunk driving defense. Typically, the defendant’s business or family lawyer will undertake to represent him “as a favor”. This is not beneficial for the person charged with a DUI.  Drunk driving defense is way more than fighting a glorified traffic offense—and demands expertise beyond the defense of even the most violent crimes.

As experienced Los Angeles DUI attorneys,  Inland Empire and  Orange County DUI Attorneys will attest, specialization is necessary to understand the nuances of DUI charges and defenses.

Anyone seeking a DUI defense attorney should consider these factors:

1. Though the most common of all offenses, DUI is one of the most complex to understand and defend properly.

1. The stakes in a DUI case are high – higher in the long run than for most other crimes.

1. A unique system of legal standards and procedures exists in DUI cases, a system geared to facilitate a conviction.

As knowledgeable and experienced California DUI defense attorneys , we are aware of these factors, so they can properly defend clients.

Although a DUI is common, it represents one of the most difficult criminal offenses to understand and litigate.

Let’s analyze the primary issues in a  DUI case:

• What was the blood alcohol level in the defendant an hour or so prior to the analysis of a breath sample or blood sample?
• To what extent did alcohol chemically affect the brain tissue of the defendant, and in such a way as to “appreciably” impair his “judgment,” his motor reactions, and his coordination?
• What is meant by “appreciably” impaired?
• How does one define “judgment”?
• How is individual tolerance to alcohol measured?
• What effects do various drugs and medical conditions have on the metabolism of alcohol?
• Is there any inherent error in breathalyzers?

These issues can continue seemingly without end.

Make no mistake: DUI is one of the most complex of all criminal charges, and defending a client on such a charge without extensive preparation constitutes nothing short of malpractice.

Another misconception commonly held by both clients and inexperienced DUI attorneys is that the penalties for drunk driving are only minor. After all, isn’t DUI only one step removed from a traffic citation? Again, this is false.

What does the person who was arrested for CA DUI face?  

Depending on the jurisdiction, of course, a first time CA DUI offender may be:

• Fined $1,500 and placed on probation, as a beginning
• In addition, the court and/or DMV may take his driver’s license, a license that may be critical to operating his business or performing his job

• His car may be impounded, or he may be required to have ignition “interlocks” placed in it
• He will have to attend special DUI schools, occasionally for a “fee” of hundreds of dollars
•  According to one dated study in Auto Club News-Southern California, a convicted first offender’s average cost for bail, a DUI defense attorney, treatment programs, and fines exceeds $5,000, assuming no accident. That figure is much higher today
• Many jurisdictions now impose jail sentences for first offenders. On his second conviction he will almost certainly spend time in custody. This is not time served by a hardened con but by a terrified citizen totally unfamiliar with the callous penal system.
• Already the person charged with DUI has suffered more punishment than the majority of convicted felons do
• But there is more: A convicted defendant will end up paying thousands of dollars over the next few years in increased auto insurance premiums
• He is required by law to carry automobile insurance, but he is now a convicted drunk driver who falls into a high-risk category; his premiums will be far higher than those of a bank robber or murderer
•  Further, the client may be suffering from alcoholism. In effect, he may be criminally prosecuted and punished for having what is now recognized to be a medical (and possibly genetic) condition

Hire an Expert DUI Lawyer 

It is imperative you choose an experienced and qualified DUI Defense lawyer to get the best possible outcome for your case. The Law Offices of Taylor & Taylor handles DUI defense cases exclusively in this complicated field and has been doing so for decades.  

Changes in DUI legislation creating harsher penalties, and more complicated procedures, and evidence have created a number of challenges.  

DUI —Things to Consider  

Questioning by an Officer 

• If you have been pulled over for reckless driving or are stopped at a DUI checkpoint, an officer might question you through an interrogation process.  
• When conducting this process, an officer may not notify you with a Miranda warning or the right to an attorney.  
• Your statements, known as “incriminating statements,” can later be used against you. 

Tests to Detect Intoxication 

• Although the law does not require these tests, the officer could request you take a breath test in addition to several kinds of field sobriety tests. 
• If an officer escorts you to the police station, it is probable you will be asked to take a breath or blood test. 
•  If you refuse, your license could be automatically suspended or you could face longer jail time.  
• If your blood-alcohol content (BAC) from a test is over 0.08%, the officer will confiscate your driver’s license and serve a “Notice of Suspension” form. 

Driver’s License Suspensions and Hearings 

• It is essential that you schedule your administrative hearing within ten days of your arrest date. 
•  If you do not schedule your hearing in this period of time, you lose the right to a hearing and potentially lose any opportunity to have the suspension “set aside.” 
• The average license suspension for a first offense is approximately four months.  
• If the hearing is lost, suspension starts thirty days after the arrest, when notified by mail.  
• If you refuse a chemical test, the suspension will be one year. 

Criminal Charges and Consequences 

• The criminal charges for a driver are either driving under the influence of alcohol and/or drugs or driving with a blood alcohol content of 0.08% or higher.  
• Unless you refuse to submit to breath or blood testing, you can be charged with both.  

• While you can be convicted of both charges, you can only be punished for one.  

• DUI penalties can be even harsher than a felony offense.  

• DUI legislation can be very complicated, so make sure to hire a DUI defense attorney that has experience handling criminal offenses as well as DMV license suspensions and hearings.  
• Don’t hesitate to reach out to the Law Offices of Taylor & Taylor. We are here for you. 

Police Evidence in Drunk Driving Charges 

Driving Symptoms: May include weaving in-and-out of lanes and reckless driving. Make sure to visit the National Highway Traffic Safety Administration for a list of indicators. 

Appearance and Behavior: Personal behavior and appearance play a major role in this category. Alcohol on the breath, thick and/or slurred speech, flushed face, etc. 

Field Sobriety Tests: Alphabet recitation, the horizontal gaze nystagmus (following an object such as a pen or finger from side-to-side with your eyes), fingers-to-thumb, hand pat, etc. Federal studies have shown that only three tests are effective in detecting intoxication: walk-and-turn, one-leg-stand, and nystagmus. Other tests have been disapproved and deemed unreliable. As a result, three standardized field sobriety tests have been recommended and are being adopted by police agencies across the country. In California, however, police officers continue to administer tests of their choosing. Contrary to popular belief, the tests are not required; you may refuse to take them with no legal consequences. 

Incriminating Statements: Miranda warnings do not need to be given until after the arrest has been made. The officer is free to ask incriminating questions, prior to arrest, during their initial investigation. 

Blood Alcohol Test: The test involves a choice of either breath or blood. Note: The Preliminary Alcohol Screening (PAS) units, also called Evidential Portable Alcohol Systems (EPAS), are often given as part of the field sobriety tests, but not legally required (unless you are under 21 years of age) until after an arrest.