Talk to a DUI lawyer to review your options of fighting a California DUI charge
If have been arrested for a DUI, you may be tempted to just plead guilty to the charge, particularly if it is your first offense. After all, most DUIs in California are charged as misdemeanors, which is the less serious type of criminal offense, and you may believe hat you will not do jail time if you just take a plea. You may think that it will just be easier to just plead guilty so that you can move forward with your life.
However, pleading guilty to a DUI — even a first offense misdemeanor DUI — is not always the best or the smartest decision. There are many ways to fight back against DUI charges, and a skilled Orange County DUI lawyer can often help you achieve a better result. This could mean reduced charges, less harsh consequences or even a complete dismissal of the charges. Read on to learn why you should not just plead guilty to a California DUI charge without consulting with an experienced Orange County DUI lawyer.
The first thing that you should remember is that it is up to the prosecutor to prove the charges against you. As the defendant in a criminal case, you don’t have to prove that you are innocent — the government has to prove that you are guilty beyond a reasonable doubt. However you have been charged with driving under the influence of alcohol or drugs, the prosecutor will have to prove each and every element of that crime. If he or she cannot do so, then the government will not have met its burden and the charges will not stand. For example, one element of the crime of DUI is that the vehicle has to be operated. In California, that means that the vehicle has to be moved — it isn’t enough for you to just be sitting in the vehicle while drunk while it isn’t moving. So if the prosecution cannot prove that element, a knowledgeable Orange County DUI lawyer could have your case dismissed. If you had pled guilty immediately after being charged, without having an attorney investigate the facts of your case, you may have all of the consequences of a DUI conviction, even though you did not actually commit the crime of driving under the influence under California law!
Next, realize that there are many factual and legal defenses available. The police can and do make mistakes — and a good lawyer will find these mistakes, and challenge them. For example, if the police stopped you without probable cause or if they improperly took a breath or blood sample, your Orange County DUI lawyer can ask the court to throw out that evidence. If you plead guilty, then you lose the opportunity to challenge this evidence. An attorney can also examine the facts the case to determine if there were other reasons that you may have appeared to be driving under the influence of drugs or alcohol even if you actually were not — such as if your eyes were bloodshot and watery from allergies. Again, if you had pled guilty, you wouldn’t get a chance to make these arguments.
Ultimately, by pleading guilty without consulting with an Orange County DUI lawyer, you lose the opportunity to win your case — or to achieve a better result. An experienced attorney will be your best ally if you have been charged with a DUI in Orange County or the surrounding areas. At the Chambers Law Firm, our lawyers are skilled at representing clients who have been charged with DUIs in Southern California. We will explore every aspect of your case to help you achieve the best possible outcome. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
