An experienced Orange County DUI attorney will craft a defense specific to your individual circumstances, but some of the more common defense issues include:

1. The validity of the stop

2. The field sobriety tests

3. Any statements you made

4. The validity of the arrest

5. Miranda rights

6. Implied consent issues.

What happens if any of these issues are in question?

The prosecution has the burden of proof; this means it must prove beyond a reasonable doubt, each of the elements of your case.

However, the reality is that courts typically give some leeway in how prosecutors can proceed. For instance, a technical violation of a Miranda warning my not result in the suppression of all evidence gathered by law enforcement. A conclusion may be made that those Miranda rights were not triggered by a preliminary investigation.

Your Orange County DUI attorney can best explain your rights when charged with a DUI.

What can you do to best prepare your case?

The first and most essential consideration is full cooperation with your attorney. Make sure he or she knows how to contact you at all times.

Make sure your Orange County DUI attorney has the necessary contact information for all the witnesses in your case. After all, your defense can only be as good as the evidence your attorney can present.

Finally, if your situation likely will result in a conviction, consider getting a head-start on the likely penalties. Many judges are impressed if you, as the defendant, have taken it upon yourself to attend an alcohol recovery program, or perhaps volunteered for community service.

If you’ve been arrested for driving under the influence and are facing trial, get the legal representation and advocacy of an experienced Orange County DUI attorney. Do not hesitate to contact Orange County DUI attorney Mike Coffey today for a free initial consultation.

Blood alcohol content (BAC) is an obviously important consideration in a DUI case.  It most be understood, however, that what is relevant to your case is your BAC at the time of driving, not at the time of the test. Therefore, an Orange County DUI lawyer may be able to challenge the BAC results by a showing of factors that affect how alcohol is absorbed into the human body.

The Affects of Gender

Men and women have physiological differences that tend to also show a different absorption rate after consuming similar amounts of alcohol. Women tend to be smaller in size and weight and have a less dense body composition, in addition to having more fat and less blood and fluids than men do. Additionally, women on average have a lower concentration of the enzyme that metabolizes and breaks down alcohol. These factors contribute to why women typically show a higher BAC than men given a like amount of alcohol consumed.

The Effects of Stomach Disease

Studies have shown that the ability of a person to absorb alcohol may be affected by any changes to the stomach or intestines. There are any number of reasons why this may occur, but some of the more common issues are disease or surgery. More everyday considerations may be as simple as changes due to stress or fear.

Once some change from the normal, healthy condition occurs, the body is altered in the manner in which blood flows or in how quickly the stomach empties its contents. These changes may directly impact your BAC.

The more specific details of your individual situation that you can provide will enable your Orange County DUI lawyer to present a stronger defense on your behalf. If you are not already represented by an attorney, please contact Mike Coffey for a free evaluation of your case.