FREQUENTLY ASKED DUI QUESTIONS

There are numerous defenses to a DUI, most notably is the rising blood alcohol defense. Remember, it is not illegal to drink and drive. It is only illegal to drink and then drive if you were (1) above a 0.08% or greater at the time of driving, not at the time of the chemical test, and (2) you were impaired at the time of driving. If you were not either, then you are not guilty of DUI.

Some defenses are unique to women. Some defenses apply to anyone with certain disabilities, illnesses, or even the flu or a common cold. Only a true DUI Defense Attorney can review the evidence in your case to determine if any legal and factual defenses exist in your DUI case.

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The penalties for DUI vary widely from County to County. Some Counties are harsher on DUI offenders and others are more lenient. Orange County happens to be one of the harsher Counties in the State of California.

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Contrary to popular belief by attorneys who don't bother to learn the law and the science behind the defense of DUI, DMV Hearings can be won! DMV Hearings are also an important step in the process of defending you against a DUI charge. The DMV Hearing a be a very effective means of obtaining evidence and testimony for use in the event the case were to proceed to a motion or trial.

As former "Contributor Editors" to the two-volume treatise: "California Drunk Driving Law," the DUI Defense Attorneys of The SoCal Law Network possess the knowledge of the law and the science to win DMV Hearings. Do not make the mistake of missing the 10-day period in which to have your DUI Attorney contact the DMV to schedule a DMV APS Hearing.

The question of whether you should hire a lawyer is not a difficult one to answer when you consider the consequences of a DUI conviction have long-term and far-reaching consequences that may not be immediately apparent.

A criminal defense attorney is different than a DUI lawyer. The defense of DUI is a highly-specialized field of criminal defense. It involves an in-depth understanding of biology, physiology, metabolism, forensic toxicology, pharmacology, and traffic accident reconstruction. This is why you do not want to hire just any lawyer. You want to hire a DUI Defense Lawyer: a lawyer who specializes in defense of a DUI charge, especially a DUI Drug Charge.

In determining whether the attorney you are considering is a DUI Defense Attorney, check to see whether the lawyer is a member of such organizations as the National College for DUI Defense (NCDD), the DUI Defense Lawyers Association DUIDLA) and, for California specifically, the California Association for DUI Lawyers (CDLA).

Click to learn more about DUI Alcohol Charges.

Click to learn more about DUI Drug Charges.

The question of which DUI Lawyer you choose becomes easier to answer when you know what you are looking for in the DUI attorneys you are considering. The DUI lawyer you are considering should be able to easily demonstrate his or her in-depth understanding of the law and the science behind the defense of DUI. If he or she cannot do this in an understandable and simplistic manner, how can you expect that lawyer to be able to explain those complicated issues to a jury and a judge in the event the matter was to proceed to motion and trial?

Only hire a DUI Attorney who has the credentials to defend you adequately. The DUI lawyer should be a member or member of organizations that focus their organizations on the defense of DUI, such as the National College for DUI Defense (NCDD) and the California DUI Lawyers Association.

Click to learn more about Choosing an Orange County DUI Lawyer.

Click to learn more about Orange County's "Top-Rated" DUI Lawyers.

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It should not be too surprising to know that defending against a DUI charge may be costly. Some DUI Lawyers advertise low fees but beware of the fact that many of these types of lawyers charge this amount of money only if you plead at the first court appearance or the arraignment. You can do that yourself for free.

Some of these lawyers will also charge you per appearance, starting at this low-fee rate then suddenly climbing much higher than the "teaser rate" that was advertised. In the end, one may question whether one can trust these types of lawyers to be qualified enough to review your case, analyze the evidence, and determine whether any legal and factual defenses exist that would result in a dismissal or a reduction of the charges.

Those lawyers who truly "specialize" in DUI defense are qualified to review your case, to analyze the evidence, and to determine whether any legal and factual defenses exist that would result in a dismissal or a reduction of the charges. You are investing in protecting your rights and defending your case.

The consultation is free. All you have to lose is some time to discuss a matter that has had an impact on your life, and you have questions that need answering.