Felony DUI: Pursuing Aggressive DUI Defense

Are you facing felony DUI charges in Orange County? The consequences of a felony DUI in California are severe. If you’re convicted, you will face life-long consequences.

A felony conviction hurts your credit, limits job opportunities, and often results in hardships for you and your family. But remember, being charged with a felony DUI is not the same as being convicted.

Here is what you need to know: DUI convictions are based on science, and that is the key factor that sets them apart from all other criminal cases.

Is the old scientific data out-of-date?

Nationwide, police are taught that 1 in 10 drunk drivers are apprehended. Yet, the science behind how the government comes to this conclusion are sketchy at best.

There was a telephone survey in the 1980s where people were called late at night and asked how many alcoholic drinks they consumed throughout the night. They were also asked about their driving habits after drinking. This information produced the statistics released as fact by the government.

Officers are trained that a driver who exhibits certain driving cues are more likely intoxicated than drivers who do not exhibit these cues. The cues include such things as:

  • Weaving
  • Swerving
  • Failing to use a turn signal
  • Driving through a red light or stop sign
  • Nearly hitting another car or a stationary object

Many of these cues are also signs of distracted driving, which is common with the prevalence of texting behind the wheel. What’s more, the field sobriety tests are based on a scientific study paid for by the federal government. The test subjects were in an enclosed environment and dosed with a prescribed amount of alcohol.

Their medical history, drug or alcohol history, and other key factors were not taken into account. It is unknown whether they had drugs other than alcohol in their system at the time they participated in the study.

The original data for this study was never peer reviewed, nor released to the public. In fact, it has been lost. Thus, it cannot be challenged.

Blood, Breath and Urine Tests

The breath, blood, and urine tests are based on science, thus, each test has its own problems and defenses. The breath test assumes things about you that may not be true. It assumes you have a lung capacity of a normal adult male. Yet, if you are a female, the machine has no way of taking that into consideration during the calculation of your breath alcohol level.

A felony DUI is a serious matter, and requires a careful review to ensure that the evidence against you is reliable, which is what the courts are most concerned about.

Your defense to a criminal matter is as good as the information you provide your attorney. Facts make the differences between a successful and unsuccessful defense. Always be honest with your attorney and provide as much information as you can so that your attorney can build those facts into a winning defense.

Facing felony DUI charges in Orange County? Call now for a free case evaluation with the DUI Queen!

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