Traffic violations and DUI charges are serious matters that can lead to prison, fines, loss of your driver's license, and expensive increases in your insurance premiums. At Pilchman & Kay, our Orange County DUI attorneys do everything possible to help our clients avoid jail, maintain their driving privileges, and expunge their record. While the outcome of your case will depend on your driving history, criminal record, and the specifics involved in your case, we work with the court in exploring alternatives to jail and harsh penalties. Those charged with DUI, excessive speeding, or reckless endangerment can sometimes have the charges against them reduced by agreeing to perform community service, entering counseling, and attending driver's education training. When possible, we explore these alternatives and other options in helping our clients avoid losing their license, their insurance, and their freedom.
As former prosecutors, we have the experience and knowledge needed to negotiate with prosecutors and help you avoid further legal difficulties. To schedule a free consultation with an Orange County DUI attorney contact Pilchman & Kay.
DUI and Misdemeanor Traffic Offenses
Our attorneys represent clients in regard to the following traffic related offenses:
- Hit and run
- Street racing
- Evading arrest
- Reckless driving
- DUI/DWI/drinking and driving
- Driving on a suspended license
- Driving under the influence of drugs
- Wet Reckless
- Excessive Speed
DUI cases are not always as simple as being pulled over, blowing into a breathalyzer, being arrested, and being convicted for drunk driving. First, the police must have "reasonable suspicion" before pulling you over. Secondly, a field sobriety test must be conducted according to proper procedure. Third, if a breathalyzer is used, it must be calibrated correctly and have an up-to-date maintenance record. Next, breathalyzer results can be affected by how hard you blow into a machine.
At Pilchman & Kay, we understand how violations of proper protocols by police, poorly maintained breathalyzers, and lack of reasonable suspicion can be grounds for having a DUI charge thrown out of court. When good reasons exists to dismiss a DUI charge, we have the investigative and forensic resources needed to challenge the charges against you.
In California, there are usually two ways you can be found guilty of drunk driving:
- Vehicle Code Section 23152(a) provides that if you drive a motor vehicle while under the influence of alcohol or under the influence of drugs (including prescription drugs) you can be found guilty. What the government needs to be prove is that the driver, at the time of the stop was impaired and unable to safely operate a motor vehicle. Typically, a pattern of driving, objective symptoms and Field Sobriety Tests (FST’s) are presented in court to show physical impairment and intoxication.
- Vehicle Code Section 23152(b) provides that if you are driving under the influence of alcohol and a sample of your blood or breath shows a level of .08 or above, you can be found guilty. A jury must be convinced beyond a reasonable doubt that the person's Blood Alcohol Content (BAC) was beyond that legal limit. So, if the government proves that your BAC was.08 % or higher at the time of the stop, you can be found guilty, regardless of the amount you actually drank.
If a person is arrested for DUI or DWI they are usually charged with both vehicle code sections 23152(a) & (b). Driving Under the Influence cases can have serious criminal consequences in addition to the actions taken by the California Department of Motor Vehicles
If you are convicted of DUI or DWI or impaired driving, with the use of prescription drugs the potential consequences may include severe fines, your driving privileges suspended or revoked from you and jail. You can lose your job and your insurance company will likely raise your rates. An experience aggressive Orange County DUI attorney representing you can make all the difference.
If you hold a professional license, conviction of DUI charge may jeopardize your career so our attorneys will file all pre-trial motions, negotiate and engage in trial always aggressively so that you don’t lose your job. Our experienced Orange County DUI Lawyers take pride in their work and their case results reflect their dedication to the clients. Regardless if you or your loved one has been charged with a felony or misdemeanor DUI, you need aggressive representation immediately
- California Department of Motor Vehicles-DUI Information
- Prescription Drugs
- BAC Chart
- DUI Penalties
Experienced Traffic Offense Attorneys -- Pilchman & Kay
Whether you've been arrested for driving with a suspended license or ticketed for reckless driving, protecting your rights and working with the court can make a big difference. We understand how prosecutors and judges view these cases, what needs to be done to position your plea, and how to defend you if the charges against you should be dismissed.
To schedule a free, confidential consultation with an experienced Orange County DUI attorney, contact Pilchman & Kay today.