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

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AUTHORS OF: CALIFORNIA DRUNK DRIVING LAW

California Drunk Driving Law

"BOARD CERTIFIED" 
IN DUI DEFENSE
 

NCDD National College for DUI Defense: Barry T. Simons


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


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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

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Bar Register Preeminent Lawyer

"LEAD COUNSEL" RATED 
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Lead Counsel Rated DUI Lawyer 

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ORANGE COUNTY DUI DRUG CHARGES

The charge of driving under the influence (DUI) is typically composed of two alcohol-related crimes: Vehicle Code § 23152(a) and Vehicle Code § 23152(b) and now two drug-related crimes: Vehicle Code § 23152(e), which is driving under the influence of a controlled substance, including prescription medications; and Vehicle Code § 23152(f), driving under the combined influence of alcohol and drugs. The difference between the two 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 the other is violated even if you are below the limit established by the "per se" charge, meaning, that you could be charged with the crime of DUI even if you were below 0.08% at the time of driving. Where the charge of DUI-Drugs is concerned, Vehicle Code § 23152(e), drugs alone, and Vehicle Code § 23152(f), a combination of drugs and alcohol, apply.



If you have one or more prior convictions, and your current case involves being under the influence of drugs or the combined influence of drugs and alcohol, you will likely be subject to a full suspension of your driver's license and will not be eligible for early termination of your suspension that would allow you to convert to a restriction with an Ignition Interlock Device (IID) that is available to persons convicted of an alcohol-only offense, subject to some exceptions.

The following is a brief summary of what the prosecution must prove in DUI-Drug cases. Put simply, however, the prosecution must prove that the person was under the influence of a drug and that the drug caused the person to be impaired at the time the person was driving. This is not as cut and dry as a DUI charge involving only alcohol, as drugs affect people differently, and at different levels, while alcohol is more universally applied.

Click on the links listed below to learn more about the specific drugs:

DRIVING UNDER THE INFLUENCE OF DRUGS (DUI DRUGS) 

Proving that a defendant was under the influence of a drug requires proving that the substance involved impaired driving.

It is no defense to the charge that defendant had a prescription or otherwise legally used an over-the-counter, non-prescription drug (CVC § 23630).

A prescription is a defense to an added charge of Health and Safety Code § 11550, however, which carries a 90-day minimum jail sentence.

For a DUI conviction based in whole or part on drug use, the drug must be a substance or a combination of substances, other than alcohol, that can impair driving to an appreciable degree (CVC § 312; CALJIC 12.60; CALCRIM 2110). Furthermore, it must be proved that the defendant was in fact impaired by that drug (CALJIC 16.831; CALCRIM 2110.

BEING UNDER THE INFLUENCE OF DRUGS

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.”

DRUG RECOGNITION EXPERTS (D.R.E.) 

To secure convictions for driving under the influence of drugs, Drug Recognition Experts are now being called to the scene of DUI investigations and accidents whenever there is evidence that prescription medication or illicit drugs may have been used prior to driving. Prior to the Drug Recognition Expert program being initiated by the National Highway Traffic Safety Administration, (NHTSA), it was difficult to prosecute and prove driving under the influence of drugs. These cases involve complex scientific issues dealing with the identification of the active ingredients of drugs in both urine and blood testing and whether or not the identified substance or was substances was/were an active or an inactive metabolite.

Correlating levels of blood and urine to impairment has historically been difficult because of the absence of reliable scientific studies linking specific levels of drugs in the blood or urine to impairment. Complicating this task is the phenomenon of "tolerance". While tolerance to alcohol has been studied extensively, tolerance to prescription medications is a much more individualized phenomenon. The absence of published scientific and medical studies on the subject has caused prosecutors to turn to the opinions of Drug Recognition Experts who are ready to render opinions about impairment without the benefit of scientific literature to support the Drug Recognition Expert's opinion or the prosecutor's theory of the case, i.e., that the person was under the influence of a drug.

Drug Recognition Experts are not doctors or experts, for that matter. It is impossible for them to distinguish between an anxiety attack and/or hyperactivity from a central nervous system stimulant. In addition, these Drug Recognition Experts attempt to correlate symptoms with a “normal” that does not exist. Moreover, the alleged Drug Recognition Expert has had no prior contact with the individual, thus making it impossible for him/her to determine what "normal" would be for any specific individual.

Prosecutors are also charging drivers with driving under the influence of drugs even when the levels of the drug were within "therapeutic ranges" of their prescriptions. Since there are no "per se" levels in DUI-Drug cases, impairment must be proven. DUI-Drug cases can be successfully defended by DUI attorneys who are knowledgeable in the deficiencies of the Drug Recognition Examination program, (2) who are knowledgeable in the area of challenging drug testing, and (3) who are committed to understanding the scientific and medical issues that are inevitably associated with prescription medication DUI cases. 

Eleven States currently have statutes authorizing roadside saliva testing with portable device the size of a roadside breathalyzer. These devices test for marijuana, cocaine, opiates and a host of prescription medications. The California Legislature rejected a bill of this type upon its first submission in 2015; however, its backers have promised to reintroduce the bill at a subsequent session.

Hiring a DUI Defense Lawyer with these credentials necessary to defend against the charges is important in Orange County because the Orange County District Attorney's Office (OCDA) has created a specialized unit to prosecute those charged with driving under the influence of drugs and those charged with driving under the combined influence of alcohol and drugs. These specially-trained prosecutors can be found in each of the Orange County Courts and all cases must be negotiated with this specialized prosecutor.

The National Highway Traffic Safety Administration has published Drug and Human Performance Fact Sheets.

Please click on the links below for further information.


Because it is often impossible for the government to prove driving impairment based on drugs, it is important to determine the levels of the drugs in the bloodstream "at or near the time of driving". This can be done by securing a blood split to have the blood retested by an independent laboratory. By doing so, you can more easily determine whether your client's levels of the drugs in his/her system are at, above, or even below the therapuetic ranges for that drug, and to possibly determine whether the driver was in fact impaired at the time of driving for purposes of the statute. 

The chart below references some prescription drugs that are often used as a basis for alleging a violation of Vehicle Code § 23152(a), and the levels of the drugs that are considered to be within therapeutic ranges. This information has been provided by National Medical Services, (3701 Welsh Road, Post Office Box: 433A, Willow Grove, Pennsylvania 19090-0437), through retest results previously provided on DUI cases that were successfully defended by the DUI Defense Lawyers of the Law Office of Barry T. Simons.

PRESCRIPTION DRUGS AND THERAPEUTIC RANGES

Depending on whether you know which drugs for which you would like to test, you can also run Drug Screens, such as an Opiate Screen, which will pick-up drugs like Hydrocodone; or a Benzodiazepine Screen, which will pick-up drugs like Xanax or Valium. A Drug Screen will assist you in determining whether any other drugs or their metabolites are present in your client's blood sample. This will assist you in determining the strength of your defense and it will also keep you in line with how the government laboratories conduct their testing because most government laboratories will run Drug Screens prior to running confirmation tests for specific types of drugs. For instance, it is not uncommon for government laboratories to run Drug Screens for the following characteristics of drugs: (1) Alkaline Drugs; (2) Weakly Acidic and Neutral Drugs; and (3) Benzodiazepines. Thus, because other drugs will sometimes be found in a blood sample that were not initially known to you, a Drug Screen will keep you a step ahead of the process and better prepare you for any surprises the government may find in your client's blood sample.

Please also keep in mind that experience has taught many of us who practice in DUI Drugs that the government laboratories rarely turn over the quantititative results and instead only provide you with proof that the prescription drugs were present in the system (qualitative results). The fact that it is not per se illegal to consume prescription drugs, the presence of them is of little value to the prosecution without proof that the individual's levels of the drugs rise to a level indicating impairment. Thus, it would be wise to conduct your own testing rather than relying on the government's test readings, especially since most government laboratories will not differentiate between "free" and "bound" levels and only report the "total" levels of the drugs. This is not a fair playing field; thus it is suggested that you have the blood retested in order to ascertain whether the prosecution can in fact prove up impairment.

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