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Law Offices of Virginia L. Landry, Inc. Law Offices of Virginia L. Landry, Inc.
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How to Fight a DUI Charge


If you’re facing a DUI charge, it may seem like all hope is lost. However, there are strategies an experienced criminal defense lawyer may take to defend your rights. Learn more about the various methods and options you have to fight a DUI charge.

California DUI Law

In the state of California, DUI (driving under the influence), is a criminal offense that involves serious legal consequences. DUI is defined as driving under the influence of drugs and/or alcohol or driving with a blood alcohol concentration (BAC) of 0.08% or higher. A DUI charge is based on a person’s inability to operate a motor vehicle due to being impaired by substances, including alcohol, prescription drugs, and/or illegal drugs.

When a person has been charged with DUI, they face potential life-altering consequences including jail time, probation, monetary fines, and more. The person may also lose their driving privileges for a set period of time. Those facing a DUI charge in California should contact an experienced criminal defense attorney who can build a strong case and solid defense.

Fighting a DUI Charge

At the Law Offices of Virginia L. Landry, our attorneys work diligently to handle our clients’ cases so they feel secure about their future. We have a variety of effective strategies that we use to fight our clients’ DUI charges, including proving law enforcement officers made errors during their arrest and breathalyzer test.

Errors Made During an Arrest

Common errors law enforcement officers make before and during an arrest include the following:

  • Not having sufficient probable cause to stop or arrest. Before law enforcement officials can make a DUI traffic stop, they must have reasonable suspicion that a crime was committed in their presence before stopping a car. If law enforcement officers do not follow this standard, they cannot legally make the DUI arrest.

  • Failure to read Miranda Rights. If a police officer fails to read a driver their Miranda Rights before placing this person under arrest, anything the person said before their arrest may not be admissible in court.

  • Inaccurate field sobriety test results. After a person is suspected of driving under the influence, they may be asked to perform a series of field sobriety tests for the police officer. It is up to the police officer to determine whether the person has passed or failed the test. Poor coordination will likely lead to a failed test result. However, people may display poor coordination for reasons other than being intoxicated, including slippery road conditions, poor lighting, poor instructions, and more.

Errors Made During a Breathalyzer Test

Breathalyzer tests are notoriously prone to operator error or other issues that will affect their ability to give accurate readings. In order to improve their accuracy, states mandate certain calibration standards for these devices. Typically, the device must be calibrated every 10 days or 150 subjects. If a law enforcement agency is negligent in maintaining a breathalyzer machine, this may be grounds to bring the test result into question.

Additionally, if the law enforcement officer who administered the test was not properly trained, the test result may not be admissible in court. By evaluating and investigating your particular case, Orange County DUI lawyer Virginia L. Landry can determine how to challenge your breathalyzer test result.

You Must Act Swiftly

If you have been arrested for DUI, you must act swiftly. If you do not schedule a DMV hearing within 10 days of your arrest, your license will be suspended. In addition to this penalty, DUIs carry potential life-altering consequences including, but not limited to, the following:

  • For first-time offense: Driver’s license suspension up to four months, 3-4 years of probation, 3-9 months of mandatory alcohol classes, base fines and court fees of up to $1,000, up to six months in county jail, and more.

  • For second offense: Driver’s license suspension up to two years, 3-5 years of probation, 18 months of mandatory alcohol classes, AA meetings, base fines up to $1,000, up to one year in county jail, and more.

  • For third offense: Driver’s license suspension up to three years, up to five years probation, 18 months of mandatory alcohol classes, AA meetings, ignition interlock device installed on the vehicle, up to one year in jail, and more.

  • For fourth offense: Felony charges, driver’s license suspension up to four years, 18 months of mandatory alcohol classes, AA meetings, and incarceration in county jail or state prison.

If you are facing one or more DUI offenses in Orange County, it’s in your best interest to contact one of our skilled DUI lawyers immediately. Attorney Virginia L. Landry understands that DUI charges demand prompt attention and that each DUI case should be carefully evaluated by an experienced lawyer.

Charged with DUI in Orange County? We’re Here to Help

If you or someone you love has been charged with DUI in Orange County, contact the Law Offices of Virginia L. Landry immediately. Our founding attorney, Virginia L. Landry, is one of only five attorneys in California who is board-certified in DUI defense, and she’s who you want on your team. We have represented and successfully defended countless clients facing DUI charges in Orange County, and we’re prepared to fight for you.

Call the Law Offices of Virginia L. Landry today at (949) 694-8804 to learn how we can help you.

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