Huntington Beach DUI Lawyer

More DUI Information

What Constitutes a DUI in California?

In California, a DUI (driving under the influence) charge can be issued if a driver is found operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, the limit is 0.01%. 

Additionally, drivers can be charged with a DUI if they are found to be under the influence of drugs, whether legal, prescribed, or illegal, that impair their ability to operate a vehicle safely. The determination of impairment can be based on physical signs, field sobriety tests, and chemical tests such as breath, blood, or urine tests.

How Long Does a DUI Stay on Your Record in California?

In California, a DUI conviction stays on your driving record for ten years. This ten-year period is counted from the date of the offense, not the conviction date. During this time, the DUI will be visible to law enforcement and can be used to enhance penalties for any subsequent DUI offenses. 

Additionally, the DUI remains on the individual's criminal record permanently unless it is expunged. Expungement can be sought after probation is completed, but it does not remove the DUI from the driving record. A DUI charge in California can potentially be reduced or dismissed, though it depends on the specifics of the case.

Is It Worth Fighting a DUI in California?

It can be worth fighting a DUI in California because the consequences of a conviction can be severe. 

These consequences include:

• Probation for up to three years
• A maximum of six months in jail
• Multiple fines
• Re-education programs
• Higher insurance rates

Fighting a DUI can help you avoid these consequences. You can also safeguard your career prospects and maintain a positive reputation.

How Can a DUI Affect My Employment and Future Opportunities?

A DUI conviction can have significant ramifications for employment and future opportunities. Many employers conduct background checks, and a DUI can be seen as a mark against your character or judgment. It can impact your ability to obtain certain professional licenses or certifications, particularly in fields requiring driving, such as commercial trucking or delivery services. 

Additionally, a DUI can lead to increased car insurance premiums, making it more expensive to maintain coverage. In some cases, job offers may be rescinded, or current employment terminated, particularly if the job involves driving or if the employer has a strict policy against criminal convictions.

What Percentage of DUI Cases Get Dismissed in California?

A DUI charge in California can potentially be reduced or dismissed, though it depends on the specifics of the case. California's combined DUI dismissal and acquittal rates range from 20% to 30% over the last ten years. In Los Angeles, there is about a 50% chance of getting a DUI dismissed if any technical errors can be found.

An experienced DUI lawyer can challenge the evidence presented by the prosecution, such as the accuracy of the BAC test, the legality of the traffic stop, or the administration of field sobriety tests. Negotiations with the prosecutor can sometimes lead to a reduced charge, such as "wet reckless," which carries lesser penalties than a DUI. Complete dismissal of the charges may occur if significant procedural errors or violations of the defendant's rights are demonstrated.

Can a First Time DUI Be Dismissed in California?

Yes, it is possible to have a first-time DUI offense dismissed in California. However, it can be practically impossible without an attorney. 

To get your DUI charges dismissed, you must:

• Plead not guilty
• Discredit the DUI arrest
• Prove that the BAC results are unreliable
• Ensure that the blood test is done in a safe and sterile environment

Reasons for a DUI dismissal:

• The methods for collecting evidence
• How long an officer views an individual that they suspect is under the influence
• Lack of sufficient evidence against you
• The arrest was unlawful, or evidence was gathered illegally

We also invite you to visit the law firm’s main website and review the many informative pages addressing such helpful subjects as Breathalyzer Accuracy and DUI License Suspensions — as well as answers to such frequently, asked questions as “What will happen if I refuse to take the breathalyzer test?” and “What does it cost to retain a DUI attorney?”

What is the Best Case Scenario for a DUI in California?

The best-case scenario for a DUI in California is to have the charges dropped or acquitted. A DUI attorney can help you fight the charges and get the best outcome possible.

The Law Offices of Taylor & Taylor has also been recognized for its excellence by client review-based awards from Yelp and Avvo, as well as by voting by fellow attorneys as “Southern California Super Lawyers” for 12 of the past 14 years. And the Better Business Bureau has given the firm the highest “A+” rating for the past 13 years.

Is It Worth Getting a DUI Lawyer in Huntington Beach?

A DUI attorney can help you navigate the legal system and may be able to get your criminal charges reduced or dropped. They can also point out weaknesses in the prosecution's case.

Our DUI lawyers average 21 years of criminal defense experience. Each Huntington Beach DUI attorney has the support of the law firm’s expert staff: a former DUI Task Force officer, a former Crime Lab alcohol testing supervisor, and a former California DMV license suspension hearing officer.

The DUI defense law firm has received the prestigious A-V peer review rating from the Martindale-Hubbell International Law Directory (very high to preeminent in legal ability and ethics) – the highest awarded and one shared by fewer than 7% of all lawyers in the country.

How DUI Enforcement Operates in Huntington Beach

The Huntington Beach Police Department employs various strategies tailored to address alcohol-related driving issues. Enhanced patrolling during high-risk hours and increased DUI checkpoints serve as a dual-purpose deterrent and enforcement mechanism. Officers are trained to spot signs of impairment early, ensuring that any intervention prioritizes public safety.

These efforts are often supported by public awareness campaigns that highlight the consequences of DUI, emphasizing community safety and the potential legal repercussions of impaired driving. With collaboration between Huntington Beach law enforcement and California state agencies, there is a concerted effort to reduce drunk driving incidents while maintaining community trust and cooperation. As such, awareness of these local enforcement strategies is essential for anyone who drives in Huntington Beach.

Defenses Against DUI Charges

Common defenses may include:

• Improper Traffic Stop: One of the first things a DUI attorney will investigate is whether law enforcement had a valid reason to stop your vehicle in the first place. If the police officer did not have a reasonable suspicion to pull you over, any evidence received after the stop could be deemed inadmissible in court. Without proper cause, the arrest may be challenged, and the charges could be dismissed.
• Inaccurate Breathalyzer or Blood Test Results: Breathalyzer tests and blood tests are commonly used in DUI arrests to determine a person's BAC. However, these tests are not always accurate. A variety of factors, like equipment malfunction, improper calibration, or even medical conditions like acid reflux, could result in inaccurate readings.
• Field Sobriety Test Issues: Field sobriety tests are often used by officers to assess a driver’s coordination and ability to perform certain tasks, which may indicate impairment. However, these tests are not foolproof. Factors such as weather conditions, road surface, officer training, and physical disabilities can all affect the results of field sobriety tests.
• Lack of Probable Cause for Arrest: In some cases, police officers may arrest a driver for DUI without having enough evidence to support the charge. If the officer did not have reasonable cause to believe that you were under the influence, your DUI arrest could be deemed unlawful. We can examine the circumstances leading up to your arrest to determine whether your constitutional rights were violated.
• Rising Blood Alcohol Content: Blood alcohol levels rise over time after consuming alcohol. If you were arrested shortly after drinking, your BAC could have been below the legal limit when you were driving, even if it was above the legal limit at the time of the arrest. We can present this defense by working with expert witnesses who specialize in forensic toxicology to show that your BAC was still rising when you were pulled over.
• Medical Conditions or Prescription Drugs: Some medical conditions, such as diabetes or acid reflux, can mimic signs of intoxication. Additionally, prescription medications may impair driving but have legal limits for use. If either of these factors played a role in your arrest, your attorney can argue that the impairment was not due to alcohol or illegal drugs.
• False or Misleading Police Report: Police reports are not always accurate. If the officer misrepresented the events leading up to the arrest or made mistakes in their documentation, this could be used as a defense. A thorough review of the officer's notes and testimony can reveal inconsistencies that may be leveraged in your favor.

Traffic & Transportation