Orange County DUI Investigations

You may be investigated for driving under the influence for several reasons.   A police officer may observe some traffic infraction, such as drifting between lanes, or some other driving pattern associated with driving under the influence.  Even if you swerved reaching over for something, this may give an officer reason to stop you.  You may even be stopped for reasons not related to drunk  driving, such as expired registration tags or speeding.  If you are involved in an automobile accident and a police officer suspects that you are under the influence, you may be investigated.

One of three things can trigger a DUI investigation:

There must be either:
1) an observed violation of the law,
2) a driving pattern so suggestive of driving under the influence of alcohol or drugs so as to provide a reasonable suspicion that a crime has taken place, or
3) a lawful roadblock or checkpoint.
If none of these conditions are present, any evidence gathered during the traffic stop likely will be suppressed.

Drivers are stopped on suspicion of DUI because of driving patterns such as weaving, driving too slowly, or rapid braking or acceleration. Some of the most common reasons police stop drivers, such as speeding, aren’t recognized as DUI driving patterns by the National Highway Traffic Safety Administration, and a skilled attorney may prove that an officer had no reason to stop the driver on suspicion of drunk driving, resulting in the suppression of any evidence gathered during the stop.

Sometimes drivers are stopped after police receive an anonymous tip that someone is driving in a way that is suggestive of being under the influence.  A California Supreme Court decision held that police may now stop drivers based solely on anonymous tips.  Fortunately, the officer is still bound by other restrictions that strictly govern DUI / DWI arrests.  A skilled drunk driving criminal defense attorney may be able to have evidence gathered during such a stop suppressed.

Another situation where you may be investigated for driving under the influence is at a DUI checkpoint.  Drunk driving checkpoints or DUI / DWI roadblocks are used by law enforcement to ensnare drivers on a number of offenses, including drinking and driving.   However, there are stringent guidelines required for the use of DUI checkpoints that police don’t always follow.  If a drunk driving arrest stems from a checkpoint where police didn’t follow these strict rules, evidence gathered during the stop may be thrown out.

If police investigate DUI without a valid legal reason to stop the driver, an experienced California DUI / DWI drunk driving attorney can fight to suppress any evidence gathered during a traffic stop that occurred even though there was no probable cause to believe a crime was being committed.

DUI prosecutions are generally driven by four different categories of evidence: driving pattern, physical signs and symptoms, field sobriety test performance, and chemical test results.  If there is an investigative failing in any of these areas, the DUI prosecution is in jeopardy. The best way to fight a drunk driving case is to consult with an experienced DUI / DWI attorney as soon as possible.

Drivers facing a California DUI / DWI are usually charged with two separate offenses – driving under the influence of alcohol and/or drugs, and violating the state’s per se laws – in California, that means having a blood alcohol content (BAC) of.08 percent or greater.

The prosecutor in a DUI prosecution is required to prove each and every element of the offense beyond a reasonable doubt, and in the case of reasonable doubt of the DUI suspect’s guilt, a jury must find the driver not guilty. To convict a motorist of driving under the influence, a prosecutor must convince a jury that the person was driving a vehicle while under the influence of alcohol or other drugs. To convict a driver of violating California’s per se laws, a prosecutor must prove that the driver had a BAC higher than .08 percent while he or she was driving, not an hour or more later, when most chemical tests are conducted. An experienced DUI / DWI attorney knows how to punch holes in a typical drunk driving case, creating reasonable doubt in the minds of jurors on one or more elements of the offense.