ORANGE COUNTY DUI ATTORNEYS

Choosing an Orange County DUI Lawyer can be a difficult and complicated task for anyone; but for those who hold a Professional License and who arrested for DUI are faced with a number of additional complications that can have a dramatic affect on not only the outcome of their case; but also their ability to earn a living.

This site focuses on those who are charged with driving under the influence of alcohol and/or drugs who also hold a Professional License; but it also focuses on the law behind a drunk driving charge. We have a companion website that deals with the types of Orange County DUI Discovery or evidence one should expect to obtain in connection with a DUI charge in Southern California. 

The tough decisions facing a person charged with driving under the influence can be overwhelming; however, they can be easier to confront when you are a client of an experienced, reputable and well-known Orange County DUI Defense firm that is familiar with how the local police departments conduct Driving Under the Influence Investigations and how the local District Attorneys prosecute the crime of DUI and who know how to "navigate" the respective professional board inquiry set forth in motion by the virtue of your arrest.  

One may ask: "How does the Board know of the DUI charge if I have not reported it to the respective Board?" The California Department of Justice is known to forward the record of the arrest to the respective Board within days or weeks of the charge of driving under the influence. You need a lawyer that is familiar with these inquiries and how to handle them. The DUI Attorneys of the Law Office of Barry T. Simons is one of only a few DUI defense firms that handles these inquiries in addition to the defense of the DUI charge: a rare find: the facts of the DUI case arerelevant and material to the Board's inquiry.

If you hold a professional license and are charged with driving under the influence in Orange County, you will need an experienced DUI Attorney to review all of the evidence that the prosecution intends to use against you, that the California DMV will use against you to suspend or revoke your driving privileges, and the respective Board's inquiry into the matter and its resolution prior to determining the punishment for the DUI, not limited to the loss of one's professional license.

Even if you don't hold a professional license, if you are charged with DUI in Orange County or anywhere in Southern California for that matter, you need results. The DUI Defense Attorneys of the Law Office of Barry T. Simons get great results because they are "Orange County's Recognized Leaders in DUI Defense".

The following video discusses the significance of holding a professional license and being charged with DUI:





As the above video demonstrates, being charged with DUI while holding a professional license can have devastating consequences to your career. Do not make the big mistake of hiring the "wrong attorney" - only hire a DUI lawyer who understands the impact of a DUI charge on your professional license - only hire the DUI Defense firm of the Law Office of Barry T. Simons.

MEET ORANGE COUNTY'S "BEST" OR "TOP-RATED" DUI DEFENSE ATTORNEYS

The DUI Defense "Team" consists of DUI Defense Attorney Barry T. Simons, the author of "California Drunk Driving Law" and the former Dean of the National College for DUI Defense. Mr. Simons holds Board Certification in DUI Defense from NCDD (1 of 6 in California) this Certification is sanctioned by the American Bar Association.  Mr. Simons has the distinction of being the only DUI Attorney in Orange County selected as a “Superlawyer” for DUI Defense.  (2014-2016) The “Team” also includes DUI Defense Attorney Daniel Flores who has personally handled over 1,000 DUI cases in the Courts of Southern California and before the Department of Motor Vehicles.  Mr. Flores has earned a well-deserved reputation for being an effective litigator and trial lawyer in DUI cases. 

Mr. Simons’ “Team” also includes specially selected “Of Counsel” attorneys who practice throughout the State and County to assist our clients with intricate issues that develop with Professional Licensing, Interstate Licensing Issues and collateral consequences in other jurisdiction stemming from a DUI arrest in California.

In addition to our Attorneys, the “Team” includes three well-trained paralegals who have a combined 35 years of experience in criminal justice. 

The DUI Defense “Team” also includes private investigators, toxicologists, pharmacologists, and accident reconstruction experts to properly assist our DUI Lawyers in developing defenses that work in DUI cases.

The lawyers of the Law Office of Barry T. Simons are dedicated to defending those charged with Driving Under the Influence in Southern California. Watch this video to learn more about the DUI Defense firm of the Law Office of Barry T. Simons and why they are Orange County's "Best" or "Top-Rated" DUI Attorneys:




CONTACT ORANGE COUNTY'S "BEST" OR "TOP-RATED" DUI DEFENSE TEAM LAWYERS

Needless to say if you are charged with DUI in Orange County, California, the battle that lies before you is difficult and sometimes frightening. It can be even worse for those who hold Professional Licenses or Security Clearances. The only DUI Defense Attorneys you should be considering if you are charged with Driving Under the Influence in Orange County while holding a Professional License are the DUI Lawyers of the Law Office of Barry T. Simons.

If you have been charged with DUI and would like a free DUI Consultation, contact the DUI Defense Attorneys of the Law Office of Barry T. Simons immediately.


WHY SHOULD YOU CHOOSE THE DUI DEFENSE LAWYERS OF THE LAW OFFICE OF BARRY T. SIMONS IF YOU WERE CHARGED WITH DUI AND HOLD A PROFESSIONAL LICENSE?

The DUI Defense Team of the Law Office of Barry T. Simons successfully navigate professional licensees through the "administrative process" associated with the respective Board's inquiry into the DUI Charge.

Those holding professional licenses should be aware that some of the Boards will receive notification of the DUI arrest within days of the arrest for driving under the influence with official inquiries following a short time thereafter. You need to have DUI Defense Attorneys who understand this process from the outset to avoid any missteps in the process. You should not risk your future licensing on counsel who is not prepared to handle these issues from the very start of the process.

Whether you are a nurse, vocational nurse, doctor or surgeon, psychiatrist, dentist, teacher, lawyer or optometrist, if you are charged with DUI you need the a lawyer who understands the interplay between the criminal charge and the Board's inquiry into the matter. The DUI Defense Lawyers of the Law Office of Barry T. Simons are such lawyers. If you were charged with a DUI and hold a professional license, you need to contact the DUI Defense Firm of the Law Office of Barry T. Simons today for a free DUI Consultation and Case Evaluation.


THOSE WHO TRAVEL FOR WORK-RELATED PURPOSES OR THOSE WHO HOLD SECURITY CLEARANCES ARE EQUALLY AT RISK.

Those who hold professional licenses are not the only ones at risk when charged with DUI. Those who travel extensively for work-related purposes are also at risk, as are those who hold security licenses, such as engineers who hold government contracts. If you fit into either one of these categories, you need a DUI Lawyer that gets results. The DUI Defense Attorneys of the Law Office of Barry T. Simons get results. 

A DUI charge can have an impact not only on those who hold professional licenses, but also those who travel extensively for work-related purposes or those who hold "security clearances" as part of their employment contracts. A DUI conviction can have far-reaching consequences for those in either category and this is why those who find themselves in this position need the type of representation that only the DUI Defense Lawyers of the Law Office of Barry T. Simons can provide.

Watch the video below or click the link to learn more about the Interstate Licensing Consequences:





The significance of obtaining the absolute "Best" or "Top-Rated" DUI Defense firm cannot be overstated, it could mean the difference between a conviction for driving under the influence, a reduction or a complete dismissal. The call you make today can make a difference in the outcome of your case. Do not hesitate to contact the DUI Lawyers of the Law Office of Barry T. Simons today for a free consultation and case evaluation to discuss your Orange County DUI case.

THE LAW OFFICE OF BARRY T. SIMONS
ORANGE COUNTY DUI DEFENSE ATTORNEYS
FREE DUI CONSULTATION | CALL: 888-938-4911

DUI ALCOHOL CHARGES


TESTIMONIALS & VICTORIES


DUI CHARGES & PENALTIES


  DISCOVERY & DEFENSES


FOLLOW OUR DUI BLOG:

 California DUI Law Blog

FOLLOW OR SHARE US
ON SOCIAL MEDIA






FOLLOW OUR GOOGLE BUSINESS PAGES

260 St. Ann's Drive
Laguna Beach, CA. 92651




16430 Bake Parkway, #104
 Irvine, CA. 92618

 

AUTHORS OF: CALIFORNIA DRUNK DRIVING LAW

California Drunk Driving Law

"BOARD CERTIFIED" 
IN DUI DEFENSE
 

NCDD National College for DUI Defense: Barry T. Simons


FOUNDING MEMBER: 
NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)


NCDD National College for DUI Defense: Barry T. Simons


FACULTY MEMBER: 
NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)


NCDD National College for DUI Defense: Barry T. Simons


FELLOW: 
NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)



"SPECIALIST MEMBER"
BOARD OF DIRECTORS


CDLA DUI Specialist Member

BARRY T. SIMONS VOTED ONLY ORANGE COUNTY "SUPER LAWYER" IN 
2014, 2015 AND 2016

 


BARRY T. SIMONS VOTED A TOP ATTORNEY BY OC METRO MAGAZINE

"A/V-RATED" BY MARTINDALE-HUBBELL

AV Rated Best DUI Attorney

RATED "PREEMINENT" BY BAR REGISTER

Bar Register Preeminent Lawyer

"LEAD COUNSEL" RATED 
DUI ATTORNEYS


Lead Counsel Rated DUI Lawyer 

BARRY T. SIMONS RATED "10/10" OR "SUPERB" 
BY AVVO RATING SERVICE
BARRY T. SIMONS RECEIVED AVVO "CLIENTS CHOICE" AWARD 2012



FOLLOW OR SHARE US
ON SOCIAL MEDIA






DUI ALCOHOL CHARGES


DRIVING UNDER THE INFLUENCE OF ALCOHOL CHARGES

Generally, one can be charged with any number of Vehicle Code or Penal Code sections in a Driving Under the Influence case. Most of the time, the charge is for violations of Vehicle Code §§ 23152(a) and 23152(b) for DUI cases that do not involve some type of injury to another person. Vehicle Code §§ 23153(a) and 23153(b) for DUI cases that do involve some type of injury to another person. Vehicle Code §§ 23153(a) and 23153(b) cases can either be a misdemeanor or a felony depending on the severity of the injury to another person.


The Penal Code covers more serious cases involving Driving Under the Influence. Penal Code §§ 191.5(a) and 192.5(b) cover those Driving Under the Influence cases that result in death to another person.
  
 

INTRODUCTION TO VEHICLE CODE §§ 23152(a) and 23152(b) CHARGES 

The charge of driving under the influence (DUI) is typically composed of two crimes: Vehicle Code § 23152(a) and Vehicle Code § 23152(b).The difference between the two DUI charges is that Vehicle Code § 23152(b) is the "per se" charge, (meaning it is violated if the person is over 0.08% regardless of whether you were impaired or not), and Vehicle Code § 23152(a) can be violated even if you are below the limit established by the "per se" charge, (meaning that you can be charged with the crime of DUI even if you were below 0.08% at the time of driving).

INTRODUCTION TO VEHICLE CODE §§ 23153(a) AND 23153(b) CHARGES 

Vehicle Code § 23153(a) and Vehicle Code § 23153(b) are the identical charge to the Vehicle Code § 23152(a) charge and the Vehicle Code § 23152(b) charge, but are applicable where there was a DUI with Injury, whether it be great bodily injury or not. 


VEHICLE CODE §§ 23152(a) AND 23152(b)

Vehicle Code § 23152 is the non-injury drunk driving statute. Non-injury drunk driving is usually referred to as misdemeanor drunk driving, but this term can be misleading. Drunk driving with injury (VC § 23153), sometimes called felony drunk driving, can also be charged as a misdemeanor pursuant to VC § 23554, and a certain number or type of prior convictions can be used to create a felony wobbler offense under VC §§ 23550 or 23550.5, chargeable as either a felony or a misdemeanor.
  • Subdivision (a) of § 23152 makes it illegal to drive a vehicle while under the influence of alcohol.

  • Subdivision (b), the “per se” statute, makes it illegal to drive a vehicle with a blood and/or breath alcohol concentration (BAC or BrAC) of 0.08% or more.

  • Subdivision (b) was first added to the Vehicle Code in 1982. The breath alcohol language was added by the California Supreme Court.
DIFFERENCE BETWEEN VEHICLE CODE §§ 23152(a) AND 23152(b)
  • The difference between subdivisions (a) and (b) of CVC § 23152 is that evidence of alcohol or drug impairment is necessary for a conviction of violating subdivision (a), whereas under subdivision (b), only a minimum level blood or breath alcohol concentration need be proven.

  • In cases where there is no chemical test result, only (a) is charged because alcohol level is difficult to determine on the basis of impairment evidence alone.

  • Since some people can be under the influence at alcohol levels as low as 0.05%, chemical test evidence indicating a blood or breath alcohol level of 0.08% or more would probably be necessary for there to be legally sufficient evidence of violation of subdivision (b).

VEHICLE CODE
 
§§ 23152(a) AND 23152(b)

  • Vehicle Code § 23153 is the drunk driving with injury statute.

  • It is sometimes referred to as felony drunk driving, but like misdemeanor drunk driving, that name is misleading. as well.

  • The offense may also be charged as a misdemeanor (Vehicle Code § 23554), and a certain number or type of prior convictions can create a felony "wobbler" offense, which can be charged as either a felony DUI with Injury or a misdemeanor DUI with Injury under Vehicle Code § 23550 or Vehicle Code § 23550.5.
VEHICULAR MANSLAUGHTER (DUI MANSLAUGHTER) 
  • Vehicular manslaughter while intoxicated is divided into two categories: P.C. § 191.5(a) (with gross negligence) and P.C. § 191.5(b) (without gross negligence)
WATSON MURDER (DUI MURDER)
  • Express malice requires an intent to kill, whereas implied malice requires the following:

  • The defendant intentionally committed an act;

  • The natural consequences of the act were dangerous to human life;

  • At the time of the act, the defendant knew the act was dangerous to human life; and

  • The defendant deliberately acted with a conscious disregard for human or fetal life.

PROVING A DRIVING UNDER THE INFLUENCE CHARGE

To prove that the person was under the influence requires the prosecution to prove that the person drove a motor vehicle and that the person was under the influence of alcohol and/or drugs at the time of driving. 

To prove that the person was driving with a 0.08%, the prosecution must prove hat the person drove a motor vehicle; and that the person drove with a BAC and/or BrAc of 0.08% or more at the time of driving

THE "UNDER THE INFLUENCE" ELEMENT
  • According to Vehicle Code § 23152(a), a person is under the influence when, as a result of drinking alcohol and/or taking drugs, the person's "physical or mental abilities are impaired to such a degree that you no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances."

THE "PROOF OF IMPAIRMENT" ELEMENT
  • Whether or not a drug is one which is capable of impairing driving to an appreciable degree, and whether or not the evidence in any particular case shows a blood level of the drug that could impair driving, are matters of expert opinion.

  • You’ll find that there’s little support in science for any prosecution expert’s opinion relating quantitative drug results with driving impairment, especially in urine samples.

  • The California Department of Justice, Bureau of Forensic Services Toxicology Unit has published a paper on this subject, Monograph: Drug Quantitation in Biological Samples that says that they will not test urine for quantity, and that blood testing for quantity of drug, “to determine performance decrement such as driving impairment has little scientific validity.”

THE "DRIVING" ELEMENT
  • Both of the drunk driving offense statutes (CVC §§ 23152 and 23153), require that the defendant “drive” a motor vehicle. But what acts constitute driving? In California, for the purpose of the drunk driving statutes, to be deemed to have been driving, the law requires that the prosecution prove that the vehicle actually moved, i.e., that there was actual volitional movement of the vehicle. Being in custody and control of the vehicle, by itself, is insufficient.

Click to learn more about the law of California Drunk Driving Charges (DUI)

Click to learn more about the charge of Driving Under the Influence of Drugs (DUI Drugs).



Website Builder