Posting Bail After a DUI Charge

Posting Bail After a DUI Charge

Posting bail after a DUI charge is an essential step in the legal process. Bail allows you to be released from police custody while you await your court hearings. Understanding how bail works, the different options available, and the role of legal assistance can help ease the process. At The Law Offices of Frances Prizzia, our criminal defense attorneys can guide you through posting bail and ensure that your rights are protected.

What is Bail and Why Is It Important After a DUI Charge?

Bail is a sum of money or property pledged to the court to ensure that a defendant returns for their court appearances. After a DUI arrest, posting bail allows you to leave jail until your trial, while also ensuring that you will show up for future court dates. Bail is often based on factors like your criminal history, the seriousness of the charge, and the judge's discretion.

What is Bail and Why Is It Important After a DUI Charge_

In DUI cases, especially first-time misdemeanor DUI charges, bail is commonly set through a bail schedule. This schedule outlines specific amounts based on the type of crime. If you cannot afford the bail amount, a bail bond agency or a bail bondsman can help you by posting bail on your behalf for a fee. A defense attorney can also help you understand the bail process and explore options like a property bond or being released on your own recognizance (OR).

How Bail Works in California DUI Cases  

In California, the bail process for DUI charges begins with a bail hearing, during which the judge sets the bail amount based on factors such as the defendant’s criminal history and whether they are considered a flight risk. In some cases, you might be able to post bail immediately after your DUI arrest, depending on the severity of the charge. If the DUI involved high blood alcohol content (BAC) levels or previous DUI convictions, the bail amount might be higher.

Bail bond services are often used if you cannot afford the full bail. A bail bond agent will post the bail for you, typically requiring a 10% fee of the total bail amount. The bail bond process ensures that you are released from police custody while you prepare for your court case.

Why Bail Is Necessary After a DUI Arrest

Bail is necessary after a DUI arrest because it serves as a financial guarantee that you will return to court for your trial. Without bail, you would remain in police custody until your court date. By posting bail, the court ensures that you do not flee or fail to appear for future hearings. If you fail to return to court, the bail is forfeited, and a warrant may be issued for your arrest. Bail also helps ease the pressure of awaiting trial while you prepare your defense with your attorney.

How to Post Bail After a DUI Charge

After a DUI arrest, posting bail is an essential step in securing your release from police custody. The first step is to determine the bail amount, which may be set according to the severity of the DUI charge. Once the bail amount is established, you can post bail by either paying the full cash bail or using a bail bond service. Bail bondsmen are often used when the full bail amount is unaffordable. They charge a non-refundable fee to cover the cost of the bail.

How to Post Bail After a DUI Charge

In some cases, the judge may offer alternative bail options such as property bonds or releasing you on your own recognizance (OR). The bail bond process can help secure your release from county jail while you await your court proceedings. A criminal defense attorney can guide you through this process and help you understand your options based on your particular situation.

The Role of a Bail Bondsman

A bail bondsman is an essential resource when you cannot afford the full cash bail amount after a DUI arrest. The bail bond agent will post the bail on your behalf in exchange for a non-refundable fee. If you fail to appear in court, the bond agency may hire a bounty hunter to track you down and recover the bail amount.

Alternative Bail Options

If you cannot afford cash bail, there are alternative options, such as property bonds or being released on your own recognizance (OR). A property bond involves using personal property as collateral, while an OR release means that you are trusted to return for your court proceedings without having to post bail. Another option is using a pretrial services program, which can supervise you while you await trial. A criminal defense lawyer can help you explore these options and ensure the best possible solution for your case.

Factors That Determine Bail Amount in DUI Cases

The bail amount in a DUI case can vary based on several factors.

Severity of the DUI Charge

The severity of your DUI charge directly impacts the bail amount. For example, if your DUI involved a high blood alcohol concentration (BAC), serious traffic violations, or resulted in injuries or fatalities, the bail could be significantly higher. Felony DUI charges will almost always require a higher bail than misdemeanor DUI charges.

Criminal History and Other Factors

Your criminal history and other factors will influence the bail amount. If you have a criminal record, especially prior DUI offenses, the bail will likely be set higher. Additionally, if law enforcement determines you are a flight risk or have a history of missing court appearances, the judge may set a higher bail amount to ensure your return for court proceedings.

What Happens If You Don’t Post Bail?

If you fail to post bail after a DUI charge, you will remain in police custody until your court date. If you’re unable to post bail, consider reaching out to a qualified criminal defense attorney who can explore options like a bail bond or motion for bail reduction.

What Happens If You Don’t Post Bail_

Jail Time and Additional Charges

If you do not post bail, you will remain in jail until your court proceedings. During this time, you may face additional charges or penalties. Extended detention in county jail may also affect your ability to participate in alcohol and drug rehabilitation programs, community service supervision, or other court-ordered conditions. Your time in jail can also disrupt your personal life and add to the stress of dealing with a DUI case.

How Not Posting Bail Affects Your DUI Case

Not posting bail could complicate your DUI case in various ways. If you remain in jail, it may limit your ability to effectively prepare for court hearings, such as the preliminary hearing or DMV hearing. In addition, failing to post bail could negatively affect the perception of your case and make it harder to secure a favorable outcome. A criminal defense attorney can help you explore the best options for posting bail and ensure you are prepared for all court proceedings.

How The Law Offices of Frances Prizzia Can Help with Bail and DUI Charges

At The Law Offices of Frances Prizzia, we guide you through the bail and DUI process, ensuring your rights are protected. We help you understand bail options, find a bail bondsman if needed, and assist with posting bail.

Our experienced attorneys support you through the legal proceedings, including preparing your defense and addressing issues like driver's license suspension or ignition interlock devices (IID). We also offer financial assistance to help with court costs. Let us provide the legal and financial support needed to face your DUI charges successfully. Contact us for a free consultation today.

Legal Guidance Through the Bail Process

Our criminal defense law firm offers clients expert legal guidance through the bail process. We help you understand how bail works, what options are available (such as cash bail, OR, or working with bail bondsmen), and ensure that your release from jail is handled smoothly. We also explain any paperwork involved, such as the Notice to Appear, and address concerns about potential court costs.

Representing You in DUI Court Proceedings

Once bail is posted, our team represents you in DUI court proceedings. Whether you face charges related to breath tests, chemical tests, or refusing to take a breath test, our qualified attorneys will work tirelessly to protect your rights. We will file motions like evidence suppression, request police reports, and challenge the criminal complaint to build a solid defense. Our goal is to minimize the impact of your charges and help you achieve the best possible outcome.

Offering Financial and Legal Support

We also assist with the financial aspects of your DUI case. If you need help with the cost of bail or court costs, our attorneys can guide you to affordable options, including assistance with finding bail bondsmen or other payment solutions. We ensure you have the financial and legal resources necessary to go through the DUI process successfully.

FAQs

You will typically need to post bail as soon as you are arrested and booked. The timing depends on the specific circumstances and court procedures in your area.

If you can’t afford bail, a bail bondsman can assist by posting bail for you in exchange for a non-refundable fee. Alternatively, you may qualify for OR (own recognizance) release.

Yes, you can request a reduction in bail at your bail hearing. A skilled criminal defense attorney can argue for a lower amount based on factors like a clean criminal record or the nature of the offense.

If you fail to appear in court, a warrant for your arrest will be issued. You could also lose the bail amount, and additional criminal charges may be added.

Bail is typically refunded once the case concludes, whether you are found guilty or not guilty, as long as you attended all court appearances.

Yes, a DUI lawyer can help with the bail process by advising you on the amount, options for posting bail, and ensuring that all court proceedings are followed properly.

Contact The Law Offices of Frances Prizzia for a Free Case Evaluation

If you've been arrested for DUI and need assistance with posting bail, The Law Offices of Frances Prizzia is here to help. Our experienced criminal defense attorneys will provide you with a free consultation to guide you through the bail process and prepare a strong defense.

Contact The Law Offices of Frances Prizzia for a Free Case Evaluation

Whether you need help with bail bonds, court proceedings, or understanding DUI charges like chemical testing and license suspension, we are here to support you every step of the way.

Contact us today for your free case evaluation.

How Long After an Accident Can I Be Charged With a DUI?

How Long After an Accident Can I Be Charged With a DUI_

After a car accident, you might think the worst is over once the police leave or after you go home. But that’s not always true. In some DUI cases, charges can still come days, weeks, or even months later. Police and prosecutors can build a case slowly, using things like blood alcohol content tests, witness statements, and crash reports. If they find enough evidence, they may decide to file DUI charges against you even after some time has passed.

Frances Prizzia Criminal Defense Lawyers helps people who face DUI charges after an accident or a delayed arrest. You may not realize it yet, but your driver’s license, job, and freedom are all at risk. These cases can involve criminal penalties, license suspension, and even jail time.

The legal process can feel confusing, especially if you’re unsure how long the government has to act. That’s why having an experienced DUI attorney matters. We know how to fight back and protect your future.

Can You Be Charged With DUI After the Accident?

Yes, you can be charged with DUI even after the accident is over, especially if police officers or prosecutors later find enough evidence to believe that you were driving under the influence. This can happen in many DUI cases, especially when there is a delay in collecting test results, such as a blood alcohol content test, or when they are still reviewing witness statements, property damage, or other accident details.

Even if you were not arrested right away at the scene of the motor vehicle accident, that does not mean you are safe from criminal charges. Law enforcement officers can still look into what happened, gather evidence over time, and establish probable cause to charge you with a DUI offense later on.

Facing DUI charges days or weeks after an accident is more common than many people think, especially if there is a serious injury, repeat offenses, or signs of a possible felony DUI.

Common Scenarios Where Charges Are Delayed

What Police Look for After an Accident

After any motor vehicle accident, law enforcement officers start looking for signs that alcohol or drugs were involved. They check your behavior at the scene, ask questions, and may request a chemical test, like a breath or blood test. If they think you’re impaired, they will try to gather sufficient evidence to file criminal charges, even if you're not arrested on the spot.

They also look at how much property damage occurred, whether anyone had a bodily injury or serious bodily injury, and if you have any prior convictions. If they believe there is probable cause, they can request a warrant for a blood test, or contact the prosecutor to start working on DUI charges, including felony DUI or misdemeanor DUI, depending on how severe the case is.

DUI Statute of Limitations in California

DUI Statute of Limitations in California

The DUI statute of limitations in California is the law that sets the time limit for how long the state has to file DUI charges against you. If you're involved in a DUI accident, the police or prosecutor may not charge you right away, but that doesn’t mean you’re in the clear. They still have time to charge you later, especially in more serious DUI cases.

Even if the accident occurred weeks or months ago, the court can still file criminal charges within the allowed time. That’s why it’s important to talk to a DUI attorney as soon as possible. Delays in charges don’t mean they won’t come.

How Long Does the Prosecutor Have to File Charges?

In most DUI cases in California, the prosecutor has one year to file charges for a misdemeanor DUI. If it’s a felony DUI, the time limit is usually three years. This is referred to as the statute of limitations. It gives the government a set amount of time to take legal action after the alleged offense happens.

If the charge involves serious injury, vehicular manslaughter, or repeat offenses, the prosecutor may have even longer to act.

When the Clock Starts

The time limit for filing DUI charges usually starts on the day the accident occurred or when the DUI arrest happens. This is when the “clock starts ticking.” However, in some cases, if new evidence, such as blood alcohol results or video footage, emerges later, the prosecutor may argue that the clock should start when they found sufficient evidence to proceed with the case.

It’s very important to know that the law has rules about when the timer starts, and an experienced DUI attorney can help you understand if your case was filed too late.

Delays Don’t Mean You’re Safe

Just because weeks or months pass after the car accident without hearing anything doesn’t mean you’re in the clear. A long delay does not eliminate the prosecutor’s right to file DUI charges if it’s still within the allowed time limit. They might be waiting for chemical tests, witness statements, or other proof before charging you.

So even if you weren’t arrested immediately, it’s smart to talk to a DUI lawyer as soon as possible if you think charges are coming. Acting early can help you prepare a strong defense and possibly avoid criminal penalties.

What Evidence Can Be Used to Charge You?

If the police think you were driving under the influence, they will try to collect different types of evidence to support the DUI charges. This can include things like blood or breath test results, what police officers saw at the scene, and what witnesses say. They might also look at vehicle damage to understand how the car accident happened.

All of this information helps them decide whether there’s enough evidence to charge you with a DUI offense. An experienced DUI lawyer can review this evidence and build a defense.

Breath or Blood Test Results

One of the first things law enforcement officers may do after a motor vehicle accident is ask you to take a breath or blood test. These tests check your blood alcohol content to see if it is over the legal limit.

If your results show a high blood alcohol level, that can be used as strong proof in your case. Even if the test was done later, it could still lead to a DUI conviction, depending on the timing and accuracy of the test. Your lawyer can question whether the test was done correctly or if the results are reliable.

Police Reports and Witness Testimony

When police officers respond to a crash, they write detailed reports. These reports include what they saw, what you and others said, and how everyone was acting. If someone looked drunk or admitted to drinking, that goes into the record.

The police may also talk to other drivers, passengers, or people who saw the crash. These witness statements can help them build a case. But sometimes, people remember things wrong. A good DUI attorney can find mistakes or unfair claims in these reports.

Vehicle Damage and Accident Details

The police may also look at how the vehicle damage happened and use that to figure out who caused the crash. If your car hit something or someone, and they believe you were drunk at the time, they might charge you with a DUI accident or even more serious criminal charges, especially if there was a serious injury or property damage.

In these cases, it’s important to have an experienced attorney who can explain what really happened and protect your rights.

What Should You Do If You Suspect You’ll Be Charged?

What Should You Do If You Suspect You’ll Be Charged_

If you think the police might charge you with DUI after an accident, you need to act fast. Waiting too long can hurt your case. Even if you haven’t been arrested yet, the police may be building a case using witness statements, video evidence, or your blood alcohol test results.

Taking early steps can help protect you from serious legal consequences like license suspension, criminal penalties, or even jail time.

Do Not Contact Police Without a Lawyer

You should never talk to the police on your own if you think you could face DUI charges. Even if you just want to explain what happened, anything you say can be used against you. You might say something that sounds like an admission of guilt, even if you didn’t mean it that way.

Always speak with a DUI attorney before saying anything to law enforcement officers. A lawyer can help you avoid making mistakes that can hurt your case.

Talk to a DUI Defense Attorney Immediately

As soon as you suspect you might be charged with DUI, contact an experienced DUI lawyer. The sooner you get help, the better your chances of protecting yourself. A lawyer will explain your rights, tell you what to expect, and guide you through the legal process.

If there’s still time, they might even be able to stop charges from being filed or reduce the risk of serious criminal and civil penalties.

Preserve Any Evidence That May Help You

If you have anything that could prove your innocence, keep it safe. This could be text messages, videos, GPS data, receipts that show where you were, or anything that shows you weren’t drinking or driving recklessly.

You should also write down everything you remember while it’s still fresh in your mind. This includes who was there, how the accident occurred, what the police officers said, and if you took a chemical test. Your lawyer can use this information to fight back if the police don’t have sufficient evidence.

How a DUI Lawyer Can Help

A good DUI attorney does more than just talk in court. They can review everything about your case, from the moment the car accident occurred to the timing of the DUI arrest. Their goal is to protect your future, reduce criminal charges, and avoid long-term damage like a DUI conviction or license suspension.

With the right defense, it may be possible to avoid or lessen severe penalties tied to the DUI offense.

Review the Timeline and Legality of Testing

Your DUI lawyer will review when and how the police tested your blood alcohol content. If the chemical tests were done too late or not handled properly, that could be a big problem for the prosecution. If the police didn’t have probable cause or reasonable suspicion before testing you, your lawyer can challenge the results and try to have the evidence thrown out.

Build a Defense Strategy

Your lawyer will build a defense that fits your specific case. Every DUI case is different. Maybe you weren’t actually driving, maybe your blood test was flawed, or maybe the witness statements were wrong. A good defense is based on the facts. Your lawyer will gather everything and push back hard against weak or unfair criminal charges.

Possibly Prevent Charges Altogether

If the evidence is weak or the arrest was improper, your DUI attorney may be able to stop the charges before they are even filed. This is why early help matters. By acting quickly, your lawyer can talk to the prosecutor, present key facts, and possibly avoid a formal DUI offense from being added to your record.

FAQs

In most cases, prosecutors have up to one year to file misdemeanor DUI charges and up to three years for felony DUI offenses. These timelines follow California DUI laws. The clock usually starts on the day the accident occurs or when police complete their investigation. Even if weeks or months pass, charges can still be filed if the state believes they have enough proof.

A felony DUI offense comes with much tougher penalties than a misdemeanor. You could face longer jail time, a substantial fine, and a lengthy loss of your license. Some people are also ordered to attend mandatory rehabilitation programs and complete hours of community service. A felony DUI can also count as one of your three strikes in California’s Three Strikes Law, which makes future penalties even harsher.

Yes, many people convicted of DUI are required to complete DUI education programs. The length of these programs depends on how high your blood alcohol concentration was and whether you have any prior criminal offenses. Some programs last only a few days, while others can go on for several months. The court will decide what’s required in your case.

Yes, even a first-time DUI offense can result in jail time, especially if someone was hurt or there was property damage. The judge might also order community service, DUI school, or other penalties. Working with a lawyer early can help reduce your risk of facing the harshest penalties.

DUI offenses are unique because they involve driving, alcohol or drugs, and public safety. But they’re still criminal offenses, just like theft or assault. This means you can get a criminal record if convicted. A skilled DUI lawyer can help you fight the charges and avoid long-term damage to your life and future.

Contact Our California DUI Lawyer Today for a Free Consultation

Contact Our California DUI Lawyer Today for a Free Consultation

If you believe you may be facing DUI charges, even if it’s been days or weeks since the accident occurred, don’t wait to get legal help. Delays in action can make things worse. The sooner you speak with a lawyer, the better your chances of building a strong defense.

Frances Prizzia Criminal Defense Lawyers understands how confusing and stressful these situations can be. Our job is to protect your rights and fight to keep you out of jail and on the road. We look at every detail of your case, including blood alcohol concentration, DUI education programs, and possible criminal penalties.

We work to challenge the evidence and help you avoid severe outcomes like lengthy jail time, community service, or losing your driver's license. If you’re being investigated or think you might be charged, we’re here to help. Contact us today for a free consultation and get answers from a lawyer who truly cares.

License Suspension and Revocation After a DUI

License Suspension and Revocation After a DUI

Getting arrested for driving under the influence is a serious matter that can lead to many consequences, and one of the first things that often happens is losing your driver’s license, even before your case goes to court. In many situations, your license is automatically suspended just days after your arrest, and if you’re caught driving during this period, you could face additional charges and even more severe penalties.

Frances Prizzia Criminal Defense Lawyers helps people charged with DUI protect their driving privileges and build a strong defense to keep their lives on track. A DUI arrest can do more than just suspend your license; it can threaten your ability to work, result in jail time, and bring fines, community service, and long-term consequences that affect your future. Understanding the legal process can be overwhelming, especially when you’re dealing with both administrative license suspension and court-ordered penalties at the same time.

Our legal team is here to guide you through every step of the process and fight to reduce or stop the suspension or revocation of your driver’s license. You don’t have to deal with this alone. With the right defense, you may be able to keep your license, reduce the penalties, and move forward with your life.

What Happens to Your Driver’s License After a DUI?

After a DUI arrest, the state may suspend your license right away, even before your court case begins. You may also face a longer driver’s license suspension later if you're found guilty in court.

Immediate Penalties After Arrest

Once you're arrested, the arresting officer usually takes your license and gives you a temporary driver’s license. This is valid for a short time, usually 30 days. If you refused a breath or blood test, or failed it, your license is suspended automatically. This is known as an administrative license suspension.

Difference Between Suspension and Revocation

A suspended license means your right to drive is paused for a period of time. You may be able to get it back after meeting certain requirements. A revoked driver’s license means your license is canceled. You’ll need to apply for a new one after the revocation ends, which can be harder.

DUI License Suspension: What You Need to Know

DUI License Suspension_ What You Need to Know

Most people don’t realize how fast a license can be suspended after a DUI. It doesn’t take a conviction to lose your license.

Common Suspension Triggers

Your license may be suspended if:

These can all trigger an administrative license action, even before your criminal case ends.

Suspension Length by State or Offense

Suspension times vary by state and situation. A first offense may bring a 6-month suspension. A second DUI can result in a suspension period of 1 year or longer. A suspension imposed for refusing a blood or breath test may last longer than one for failing the test.

Can You Drive During Suspension?

Sometimes, yes. You may be able to apply for a restricted license that allows you to drive to work, school, or medical appointments. This is often called restricted driving privileges, but it’s not automatic. You may need to install an ignition interlock device or meet other rules.

License Revocation After a DUI

Revocation is more serious than suspension. A driver’s license revoked means you lose it for good, at least for a long time.

When Does Revocation Happen?

Revocation typically occurs in cases involving serious or repeat offenses. If your blood alcohol level was very high or there was an injury, the court may revoke your license. It can also happen after too many DUI convictions or if you were caught driving on a suspended license.

How Long Does Revocation Last?

It depends on the charge. First-time revocations may last a year or more. With multiple offenses, you could lose your license for several years. After a conviction, the court decides how long the revocation will last.

Reinstating a Revoked License

To get your license back, you may need to:

This process is challenging and time-consuming. A lawyer can help you show that you’re ready to drive again.

Fighting a DUI License Suspension

You don’t have to accept a suspended or revoked license. You can challenge the action and ask for a hearing.

Requesting a DMV Hearing

After a DUI arrest, you only have a few days to ask for a DMV hearing. If you miss this deadline, your license is suspended automatically. The hearing looks at your blood alcohol concentration, your chemical test, and whether the officer followed the law.

Grounds to Fight Suspension

You may win your hearing if:

A skilled attorney can present these arguments and fight to save your license.

How a DUI Lawyer Can Help Protect Your License

How a DUI Lawyer Can Help Protect Your License

A DUI attorney knows how to handle both the DMV and the court. While the DMV tries to suspend your license fast, we fight to stop it. In court, we work to reduce or drop your criminal charge. We may challenge the breath test, dispute faulty blood test results, or question the legality of the stop.

We also assist with applying for a restricted license if necessary. You don’t have to face the system alone. The legal team at Frances Prizzia Criminal Defense Lawyers is here to protect your driving privileges.

License Suspension vs. Criminal Penalties

Losing your license isn’t the only penalty. But it can happen even if you don’t get convicted.

Administrative vs. Criminal Processes

The DMV handles the administrative license suspension. It starts right after the arrest. The criminal case happens in court and decides your guilt. These are two separate processes. You can win one and lose the other.

You Can Lose Your License Even If Not Convicted

Even if your case gets dismissed, your license may still be suspended if the DMV says your blood alcohol was too high. That’s why it’s important to fight both the DMV and the court case with help from a defense attorney.

FAQs

Yes. In many DUI cases, your license is automatically suspended right after the arrest. This happens even if your court conviction hasn’t happened yet. If you want to keep your ability to drive legally, it’s important to act fast and request a hearing to challenge the suspension.

A court conviction is when a judge finds you guilty of DUI charges, which can lead to more penalties. An automatic suspension happens through the DMV and is separate from the court process. Both can affect your driving privileges and lead to your license being suspended.

If your license is suspended, you might still qualify for a restricted license. This allows you to legally drive to essential places, such as work, school, or medical appointments. However, you must follow strict rules and apply immediately after the hearing decision.

Yes. In California, reckless driving is a serious offense involving motor vehicles, and it can result in the suspension of your license. If it's tied to alcohol or drugs, you may also face DUI charges along with other consequences.

If the hearing decision leads to a suspension, you still have legal options. A lawyer can review your case to see if there are any mistakes. You may be able to appeal the decision or prepare a better defense for your court conviction to protect your right to drive legally.

Contact Our California DUI Lawyer For a Free Consultation

Contact Our California DUI Lawyer For a Free Consultation

If you're facing a DUI and worried about losing your license, now is the time to act. Frances Prizzia Criminal Defense Lawyers understands how stressful it is to deal with a license suspension, court dates, and pressure from the DMV. We help you protect your rights, challenge the charges, and push to keep your driving privileges.

We have helped many drivers reduce their penalties, keep their restricted licenses, and even avoid license suspension. Our team fights hard to protect your freedom to drive and to make sure one mistake doesn’t ruin your life. Whether you refused a breath test, failed a blood test, or have multiple offenses, we are ready to stand by your side.

Contact us today for a free consultation. Let’s discuss your case and how we can help you move forward.

How Breathalyzer Tests Work

How Breathalyzer Tests Work

If you are stopped for suspected drunk driving, one of the first things police may ask you to do is take a breath test. This test helps them measure how much alcohol is in your body at the time of the stop. Many people have heard of breathalyzers, but few know how they actually work or what the results mean.

Frances Prizzia Criminal Defense Lawyers helps people understand their rights when it comes to alcohol breath tests. We also know that breath test results are not always perfect. There are many things that can affect the outcome. That’s why we fight for clients who may have been wrongly accused or tested unfairly.

What Is a Breathalyzer Test?

A breathalyzer test is a tool used by police to find out how much alcohol is in your breath. When you blow into the device, it measures the alcohol concentration in your breath and gives an estimate of your blood alcohol content (BAC).

This estimate is not a direct measure of your blood. Instead, it uses a formula to guess how much blood alcohol is in your system based on the air from your lungs. Police use this result to decide if you are over the legal limit for driving.

A breath test is quick, but it can have problems. The results depend on the machine, how it’s used, and what’s going on in your body. Even things like breath fresheners, health problems, or how recently you were consuming alcohol can affect the test.

Still, law enforcement officers often treat the number as fact. That’s why you must understand how these tests work and what they really mean.

Purpose of the Test

When Police Use It

Police use breath alcohol tests during DUI traffic stops when they think a driver may be drunk or under the influence of alcohol. They may notice signs like swerving, slurred speech, or the smell of drinking alcohol. If they suspect alcohol impairment, they may ask for a breath sample.

In California, drivers are often first given a preliminary alcohol screening (PAS) test. This is a handheld device used during the stop. If the driver is arrested, a second test may follow at the station using a larger, more accurate machine.

The breath alcohol test gives the officer a fast way to check your blood alcohol level. If the result shows a BAC at or above 0.08%, which is the legal limit for most drivers, it can lead to an arrest and DUI charge.

However, these tests are not perfect. False readings can happen, and outside factors can affect the results. That’s why legal help is essential.

How Alcohol Enters the Breath

How Alcohol Enters the Breath

When you drink, alcohol doesn’t stay in your stomach. It travels through your body and ends up in your breath. This is why alcohol in your breath can be measured with a breath sample.

Alcohol Absorption Into the Bloodstream

When you start drinking alcohol, it passes through your mouth, throat, and into your stomach. From there, alcohol moves quickly into your small intestine, where it is absorbed into your blood. This process begins just minutes after consuming alcohol and can continue for about 30 to 90 minutes, depending on how much you drink and whether you’ve eaten food.

Once the alcohol is in your blood, it travels all over your body. This includes your brain, which is why alcohol impairment happens — your brain and thinking are affected. It also travels to your lungs, and that’s where blood alcohol concentration starts to show up in your breath.

This is why a breath sample can be used to estimate your blood alcohol content. The more you drink, the higher the alcohol concentration in your breath.

Exhalation of Alcohol Through the Lungs

As alcohol present in the blood reaches the lungs, some of it moves into the air sacs deep in the lungs. These sacs are where your blood and breath meet. When you breathe out, a small part of the alcohol concentration from your blood passes into your breath.

The alcohol leaves your body as part of the air you exhale. This is called alveolar air, which comes from deep inside your lungs. That’s why law enforcement officers want a deep, strong breath when you give a breath sample. They are looking for this deep lung air, not just the air from your mouth.

The more alcohol you've consumed, the more alcohol your lungs will release into your breath. That’s how the breath alcohol test can estimate your blood alcohol content without needing a blood sample.

Breath-to-Blood Ratio Used in Readings

To estimate your blood alcohol level from a breath sample, machines use a set formula. In California, the most common rule is that 2,100 milliliters of breath is equal to 1 milliliter of blood in terms of alcohol concentration. This is called the breath-to-blood ratio.

The number comes from research, but not everyone’s body follows it exactly. Some people absorb or release alcohol at different rates. This means your actual blood alcohol content (BAC) might be higher or lower than the number shown on the machine.

Still, the law treats the result as strong proof. If your breath shows a BAC of 0.08% or more, that’s over the legal limit for most drivers in California. But this ratio is only an estimate. That’s why Frances Prizzia Criminal Defense Lawyers looks closely at the test method and machine accuracy in every case.

Types of Breathalyzer Devices

There are two main types of machines used for alcohol breath tests. Here are the types of breathalyzer test devices:

Preliminary Breath Test (PBT) Devices

The first type is called a Preliminary Breath Test or PBT. Police often carry these small, handheld machines in their patrol cars. When they stop someone and suspect alcohol impairment, they ask for a breath sample using one of these portable devices.

PBTs are helpful for quick checks, but they are not always very accurate. Things like mouth alcohol contamination from recent alcohol consumption, breath fresheners, or even a burp can affect the reading. These devices are also more likely to give false results if not calibrated or used properly.

Because of this, the results from a PBT can be used in court only in limited ways. In many cases, the main reason police use this tool is to decide whether to arrest someone or continue with other tests. Remember that taking a PBT is usually part of a field sobriety test, and drivers often have the right to refuse it before arrest.

Evidential Breath Testing (EBT) Machines

The second type of machine is used after someone has been arrested. It’s called an Evidential Breath Testing device, or EBT. These are larger, more advanced machines kept at police stations or testing centers. Unlike PBTs, EBTs are used to give an official reading of your blood alcohol concentration.

These machines are usually more accurate than portable devices. They are carefully checked and maintained to follow state rules. Some use fuel cell technology to find alcohol in your breath sample, while others use infrared light to measure how much alcohol is in your breath.

Because EBT results are considered more reliable, they are often used as main evidence in DUI cases. If your blood alcohol content (BAC) shows 0.08% or higher on this test, it could lead to charges—unless the machine was not working right, or something else affected the result.

That’s why Frances Prizzia Criminal Defense Lawyers always reviews how the test was given and whether the device was used properly in every case we take.

How Breathalyzers Measure BAC

How Breathalyzers Measure BAC

Breathalyzers do not look directly at your blood. Instead, they use special tools to measure the alcohol concentration in your breath. That number is used to guess your blood alcohol content (BAC) based on a set formula.

Chemical Reaction or Infrared Technology

Breathalyzer machines use either a chemical reaction or infrared light to detect alcohol in your breath sample. These two methods work differently, but they both try to find out how much alcohol concentration is in the air you breathe out.

Some machines have a chamber with special chemicals that change color when alcohol is present. This change is used to calculate the blood alcohol content. Other machines use infrared light, which shines through your breath. The more light absorbed by the alcohol, the higher the reading on the screen.

Machines that use fuel cell technology are also common. These create electricity when they come into contact with breath alcohol, and that electric signal is used to measure your blood alcohol level. Police use all three methods depending on the device they carry or the one used at the station.

Digital Display of Estimated BAC

After you blow into the device, the machine quickly reads your breath sample and gives an estimated blood alcohol content (BAC) on a digital screen. This number is shown as a percentage -- for example, 0.08%.

This BAC number helps the police officer decide what to do next. If it shows that you are over the legal limit, you could be arrested and charged with DUI. For most drivers in California, the legal limit is 0.08%. For commercial drivers, it’s lower, and for drivers under 21, any alcohol present at all can be a problem.

Even though this number is just an estimate, many people are charged based on this one result. But things like mouth alcohol, medical conditions, and how the test was given can all affect the reading. That’s why your lawyer should always check how the test was done.

Legal BAC Limits in California

Factors That Can Affect Breathalyzer Accuracy

Breathalyzer machines are not always 100% correct. Many things can affect the results of a breath alcohol test. That’s why it’s best to understand what can go wrong during or before giving a breath sample.

Calibration and Maintenance Issues

Breathalyzer machines need to be checked often to make sure they are working correctly. This is called calibration, and it involves testing the device with a known alcohol concentration to see if it gives the right reading. If the machine is not calibrated the right way or at the right time, it may show the wrong blood alcohol level.

Also, like any other tool, these machines must be cleaned and cared for. If they are dirty, broken, or outdated, they can make mistakes. When a machine is not maintained properly, the numbers it gives can’t always be trusted. That’s why Frances Prizzia Criminal Defense Lawyers always check the service records of any breath test machine used in a case.

User Error by the Officer

Sometimes, it’s not the machine that causes the mistake; it is the person using it. If the police officer giving the alcohol breath test doesn’t follow the correct steps, the result may not be valid. Officers must be trained to use the machine the right way. They also have to wait a certain amount of time after someone has been consuming alcohol before giving the test.

If the officer doesn’t follow those rules, like rushing the test, skipping a waiting period, or failing to watch the driver during the test, the breath sample result may be wrong. These kinds of mistakes are more common than people think. An experienced attorney will know how to spot them and use that information to help your defense.

Presence of Mouth Alcohol (e.g., mouthwash, belching)

Sometimes, there is extra alcohol in your mouth, not just in your lungs. This is called residual mouth alcohol, and it can come from many things. If you recently used mouthwash, drank alcohol just moments before the test, or burped before blowing, the machine might read that extra alcohol instead of the alcohol concentration in your deep lungs.

The problem is that the machine can’t always tell the difference between mouth alcohol contamination and real blood alcohol from your lungs. That’s why police are supposed to wait at least 15 minutes and make sure you haven’t eaten, burped, or used anything like breath fresheners before giving the test.

If they don’t wait, or if you still have alcohol present in your mouth, the reading could be too high. That’s another reason these tests can be challenged in court.

Medical Conditions (e.g., GERD, diabetes)

Some health problems can cause high breath alcohol readings, even when the person hasn’t had that much to drink. One example is GERD, a stomach condition where acid and gases come back up the throat. This can push alcohol concentration from the stomach into the mouth and lungs, which may confuse the machine and show a high blood alcohol content.

Diabetes can also be a problem. People with diabetes sometimes make chemicals in their body that can look like alcohol in a breath analyzer test. These false signals can trick the device and cause a reading that doesn’t match the person’s actual blood alcohol level.

That’s why injured victims or people with health issues should always tell their lawyer about any condition they have. It could help show that the test result was not accurate or should not be trusted.

Time Since Last Drink – Rising BAC Defense

Your blood alcohol content is always changing after you drink. Right after consuming alcohol, your BAC keeps rising for some time before it reaches its highest point. If a test is done too early, you might blow a result that looks legal. But if the test happens later, your BAC could be much higher, even if you weren’t over the legal limit while driving.

This is called the "rising BAC" defense. It means that even though your BAC was high during the test, it was still under the limit when you were behind the wheel. This matters in DUI cases because the law cares about your blood alcohol concentration at the time of driving, not at the time of testing.

An expert car accident attorney can use timing, receipts, witness statements, and expert reports to help prove that your BAC was still rising after you were pulled over.

Legal Rights and Breathalyzer Tests

Legal Rights and Breathalyzer Tests

If you are stopped for drunk driving in California, you still have rights. Police may ask you to take an alcohol breath test, but you don’t always have to say yes right away. Knowing your rights can help you protect yourself and avoid unfair treatment.

Implied Consent Law in California

California has something called the Implied Consent Law. This means that if you drive in the state, you are agreeing to take a breath alcohol test, blood test, or urine test after being arrested for DUI. You don’t sign anything, but the law treats it like you already said “yes” just by driving on public roads.

If you refuse to give a breath sample after arrest, the DMV can suspend your license for one year or more, even if you weren’t drunk. Police may also use your refusal against you in court.

But this law only applies after you’re arrested, not before. That’s why the rules for preliminary alcohol screening are different, and you may have the right to say no before an arrest happens. It’s important to speak with a lawyer as soon as possible to understand what applies to your situation.

Difference Between Preliminary and Post-Arrest Tests

Type of Test

When It Happens

Can You Refuse It?

Used in Court?

Preliminary Alcohol Screening (PAS)

Before Arrest (Roadside)

Usually Yes (for adults not on DUI probation)

Sometimes (for probable cause only)

Post-Arrest Breath Test

After Arrest (At the station)

No (under Implied Consent Law)

Yes (used as DUI evidence)

Knowing which test you're being asked to take is vital. It can affect your rights and what happens next in your case. A seasoned attorney can explain your options and defend you if your rights were violated during testing.

Right to Speak With an Attorney After Arrest

After you're arrested for DUI, you have the right to ask for a lawyer before answering any questions. Police may still ask you to give a breath sample, but they cannot stop you from talking to a lawyer after that test is done.

Even if you have already taken an alcohol breath test, your personal injury claim or DUI defense can still be helped by getting legal advice. An attorney can check whether the test was done the right way, whether your rights were respected, and whether the machine or officer made any mistakes that can be challenged in court.

FAQs

Yes. Breathalyzer machines can give incorrect results if they are not calibrated, used wrong, or affected by things like mouth alcohol, health problems, or even timing after alcohol consumption.

Alcohol intoxication means a person has too much alcohol in their body, which affects how they think, move, and make decisions. In driving cases, police use tests to check if someone is legally intoxicated.

You can refuse the preliminary alcohol screening (PAS) before you're arrested, unless you are under 21 or on DUI probation. But after you're arrested, refusing a breath sample can lead to serious penalties under the Implied Consent Law.

A blood test often gives a more exact result than a breath alcohol test, but it also takes longer and must be handled carefully. Errors can still happen if the blood is not collected or stored correctly.

Yes. If police believe you showed signs of alcohol intoxication, like slurred speech or unsafe driving, they can arrest you even if your BAC is under the legal limit. That’s why having a lawyer is important.

Call Our Orange County Lawyer for a Free Consultation

Call Our Orange County Lawyer for a Free Consultation

If you’ve been arrested for DUI or asked to take a breath alcohol test, don’t wait to get legal help. Mistakes can happen with breath tests, and false readings can lead to unfair charges. You should not face the legal system alone, especially if you believe something about your breath sample or arrest was not right.

Frances Prizzia Criminal Defense Lawyers knows how to challenge test results, question the way tests were given, and protect your rights in court. We look at every detail, from the type of machine used to possible signs of alcohol intoxication that were recorded during the stop.

Call us today for a free consultation. We’ll listen to your story, answer your questions, and help you understand your options. There’s no cost to talk, and we’re ready to fight for you.

How Best DUI Attorneys in Orange County Can Help

How best DUI attorneys in Orange County can help

Facing a DUI arrest can be overwhelming. The penalties can include fines, jail time, and a license suspension. If this is your situation, having the right DUI defense lawyer on your side is critical. A skilled lawyer can review your case, protect your rights, and work to reduce the consequences.

Frances Prizzia Criminal Defense Lawyers are experienced in handling complex DUI cases in Orange County. We understand California's strict DUI laws and use our knowledge to help you. Whether challenging the evidence, representing you in court, or fighting for a reduced sentence, our team works hard to secure your best outcome. We will explain a DUI, the penalties, and how Orange County DUI lawyers can help with your case.

What Is a DUI in Orange County?

A DUI, or driving under the influence, happens when an individual operates a vehicle while impaired by drugs or alcohol. In Orange County, this includes driving with a blood alcohol concentration (BAC) of 0.08% or higher or while under the influence of drugs.

Some of the legal definitions, penalties, and factors that can increase punishments include:

Legal Definition of DUI Under California Law

Under California DUI law, a DUI means driving while alcohol, drugs, or both impair your ability. For alcohol, the legal limit for a BAC is 0.08% for most drivers. The BAC limit is 0.01% for drivers under 21.

Drugs include illegal substances, prescription medications, and even over-the-counter drugs that impair your ability to drive safely. Law enforcement uses tests, like breathalyzers and blood tests, to measure BAC and detect drugs. If the results show impairment, charges may follow.

Frances Prizzia Criminal Defense Lawyers fight to ensure you get fair treatment under the law. A skilled DUI defense attorney can challenge the evidence and protect your rights.

Fines and Jail Time for DUI Convictions

A DUI conviction in Orange County carries serious penalties. For a first offense, fines range from $390 to $1,000, plus additional fees. Jail time for a first offense can be up to six months, and your driver’s license may be suspended for six months or more. You may also need to complete a DUI education program.

The penalties increase for repeat offenses. Fines are higher, and jail time can extend to several years. Additional penalties include mandatory ignition interlock devices and longer license suspensions.

Aggravating Factors That Can Increase Penalties

Certain factors can make DUI penalties worse. These are called aggravating factors. Common examples under California Code, VEH § 23578 include having a BAC of 0.15% or higher, causing an accident, or having a child in the car during the DUI. Speeding or reckless driving at the time of the incident can also lead to harsher punishments.

The penalties are even more significant for repeat offenders. Law enforcement and courts treat these cases as high risk and may impose mandatory jail time or longer license suspensions.

Frances Prizzia Criminal Defense Lawyers carefully review your case to identify ways to challenge these aggravating factors. This can help reduce penalties and improve the outcome of your case.

Services Offered by Top DUI Attorneys

Services offered by top DUI attorneys

A skilled DUI defense lawyer offers many services to help you fight your case. These include reviewing the arrest, challenging evidence, and negotiating with prosecutors. The goal is to protect your rights and achieve the best possible outcome.

A few top Orange County DUI lawyers who assist their clients include:

Analyzing the Arrest and Evidence for Procedural Errors

One of the first steps a DUI lawyer takes is reviewing the details of your arrest. This includes examining whether the police officers had a valid reason to stop you and whether they followed proper procedures. For example, officers must have probable cause for the traffic stop and conduct field sobriety tests fairly.

Your lawyer can argue that evidence must be excluded if any errors occurred during the arrest. This weakens the prosecution’s case and increases your chances of dismissal or reduced charges. Frances Prizzia Criminal Defense Lawyers focus on finding mistakes in the process to strengthen your defense.

Challenging the Accuracy of Breathalyzer or Blood Tests

Breathalyzer and blood tests are often key evidence in DUI cases, but they are not always reliable. Breathalyzers can give inaccurate readings due to improper calibration, user error, or interference from substances like mouthwash. Blood tests can be mishandled or contaminated, leading to false results.

Negotiating Plea Deals or Reduced Charges

Sometimes, negotiating a plea deal is the best option. A plea deal allows you to accept a lesser charge, such as reckless driving, to avoid harsher penalties. This can mean reduced fines, no jail time, or avoiding a license suspension.

Frances Prizzia Criminal Defense Lawyers use our experience to negotiate with prosecutors. We aim to secure terms that minimize the impact on your life. A skilled DUI lawyer knows how to present mitigating factors to achieve a favorable outcome.

Defending You at Trial

Having an experienced DUI defense attorney is essential if your case goes to trial. Your lawyer will challenge the prosecution’s evidence at trial, question witnesses, and present alternative explanations for your behavior. For example, they might argue that medical conditions or environmental factors affected your performance on sobriety tests.

An expert and experienced DUI attorney prepares strong defenses to protect you in court. We aim to raise reasonable doubt and achieve the best possible result for your case.

Representing You at Sentencing

If you are convicted, sentencing is the final stage of your case. A skilled lawyer can advocate for lighter penalties, such as reduced fines or shorter jail time. They may present mitigating circumstances, like your clean record or willingness to complete a DUI program.

Frances Prizzia Criminal Defense Lawyers stand by you during sentencing to fight for fair treatment. Our team works to ensure that the punishment fits the circumstances and protects your future.

Strategies Used by the Best DUI Attorneys

The best DUI defense attorneys use proven strategies to challenge the prosecution’s case. They focus on procedural errors, unreliable evidence, and presenting factors that could reduce penalties.

Some of the key strategies used by criminal defense attorneys are:

Proving Lack of Probable Cause for the Traffic Stop

A traffic stop should be based on probable cause. This means the officer must have a valid reason to pull you over, such as speeding or swerving. If the stop was made without cause, any evidence collected afterward could be thrown out.

An experienced DUI defense lawyer will carefully review the officer’s actions. If the stop was unjustified, the entire case may be dismissed. Frances Prizzia Criminal Defense Lawyers fight to expose improper stops and protect your rights.

Questioning the Calibration and Reliability of Testing Equipment

Breathalyzers and blood tests are commonly used in DUI cases, but their accuracy depends on proper maintenance and operation. If the breathalyzer is not calibrated according to state guidelines or is operated incorrectly, the results can be unreliable. For example, environmental factors like temperature or nearby electronic devices can interfere with readings, leading to falsely high blood alcohol concentration (BAC) results.

In addition, blood tests require strict protocols for handling and storage. Any contamination or improper labeling can lead to inaccurate results. A DUI lawyer will request maintenance logs for breathalyzers and investigate the chain of custody for blood samples. They may also examine whether the officer administering the tests was properly trained.

Challenging unreliable test results can weaken the prosecution's case. Courts often require precise evidence, and if the testing process is flawed, the charges may be reduced or dismissed entirely.

Presenting Mitigating Circumstances to Reduce Sentencing

Even if the evidence against you is strong, presenting mitigating circumstances can reduce penalties. These circumstances include things like no prior offenses, showing remorse, or completing a DUI education program before sentencing.

By highlighting these factors, an experienced criminal defense lawyer can argue for lighter consequences, such as reduced fines or avoiding jail time. Frances Prizzia Criminal Defense Lawyers use these strategies to advocate for fair treatment and minimize the impact on your life.

Benefits of Hiring an Experienced DUI Attorney

Benefits of hiring an experienced DUI attorney

Contact Our Orange County DUI Attorney for a Free Consultation

Contact our Orange County DUI attorney for a free consultation

Facing DUI charges can be overwhelming, but you don’t have to handle it alone. Wondering how the best DUI attorneys in Orange County can help? At Frances Prizzia Criminal Defense Lawyers, our skilled team works to protect your rights and fight for the best outcome. From reviewing your case to representing you in court, we guide you every step of the way.

Our law firm also assists with related issues, such as representing you at your DMV hearing to help protect your driving privileges. We analyze every detail of your arrest, challenge unreliable evidence, and negotiate for reduced penalties or dismissal whenever possible.

With extensive years of experience defending clients against DUI charges, we know how to get through these complex cases. Contact us today for a free consultation. Let us help you understand your options and build a strong defense to protect your future.

WHAT TO DO AFTER A DUI ARREST

ORANGE COUNTY DUI ATTORNEY

Have you recently been arrested for driving under the influence? Many people are first-time offenders and are completely unaware of what they are up against. If you have just been taken into custody under suspicion of drunk driving, then you have come to the right place.

DUI charge can have serious implications as it is a criminal offense and not your average traffic violation. If you do not act fact you could lose your license and your chances of beating the charges will severely dwindle. Now is the time to make informed decisions and to obtain aggressive representation to defend you in court.

Consult with an Orange County criminal defense attorney from our firm today so we can protect your rights against the prosecution.

WHAT SHOULD I DO AFTER BEING ARRESTED FOR DUI?

Being arrested for DUI is a scary and unpredictable experience but we can help you take steps to protect yourself and the outcome of your trial. In order to improve your chances of success, there are several best practices to implement after being arrested for DUI.

GENERALLY SPEAKING, YOU SHOULD FOLLOW THESE HELPFUL TIPS:

EXERCISE YOUR CONSTITUTION RIGHTS

If you have been arrested for a crime, then it is critical that you know and understand that you have certain rights that you should take advantage. These constitutional rights are place there for your own protection and in this particular scenario they can keep the situation from escalating any further.

The most important thing to remember is that you have the right to remain silent and you are not obligated to answer any police questions while you are in custody. By refraining from talking you can also avoid making any incriminating statements that could be used against you later on. You also have the right to an attorney and you should be given the opportunity to contact them so they can be present during questioning.

CHECK TO SEE IF THE POLICE VIOLATED PROTOCOL

When pulling someone over and putting them under arrest, law enforcement officials have a strict protocol to abide by. If the officials violated your constitutional rights at any time during this process, then that could result in case dismissal or at least a reduced sentence. It is very important that you share every detail about your arrest with your attorney and you tell them what sobriety or chemical tests you were subjected to.

You will also want to share back story with your lawyer by telling them what you ate, drank and did before you were arrested. If you have a certain physical condition or if you were sleep deprived, the officials could have mistaken that for signs of intoxication. For repeat offenders you will want to inform your attorney of your previous DUI conviction so they can possibly come up with a more strategic defense - otherwise you could face harsher criminal penalties.

SCHEDULE A DMV HEARING

If you have been arrested for DUI in the state of California, then you (or your attorney) are required to contact the DMV within ten days of your arrest to schedule your DMV hearing, otherwise your license will be automatically suspended. This is your only chance to protect your driving privileges before they are taken away for a period of time. Take this opportunity to convince the panel that your license should not be taken away and that you are indeed a safe and responsible driver.

DON'T REFUSE THE CHEMICAL TEST

If you are asked to participate in a chemical test once you are in custody, you should not refuse. Under California state law, your license can automatically be suspended for a year if you refuse- you could also be required to pay a fine of $125. The law requires that you take either a breath or blood test and by having a California driver's license you have already given your implied consent. An experienced DUI attorney however, will know how to challenge the validity of the test results. A strong defense starts now; obtain an assertive legal advocate immediately after your arrest to better your chances of dismissing or reducing your charges.

DUI LAWYER SERVING IRVINE, FOUNTAIN VALLEY, HUNTINGTON BEACH AND SANTA ANA

California courts have been cracking down on drunk driving and they have harsh penalties in store for convicted offenders. If you have been charged with DUI and you are unsure of what to do or who to turn to, we are here to help. At the Law Office of Frances Prizzia we have had great success in our efforts to have DUI charges reduced or discharged completely. Our firm has been serving the residents of Southern California for a over a decade and we have a notable history of case victories. Attorney Prizzia is a true believer and a zealous advocate of client rights and she will fight tirelessly to protect your rights and to preserve your best interests.

Our criminal defense firm comes highly recommended by past clients and fellow counsel alike and we are known for operating with integrity and professionalism. We have also been recognized as Clients' Choice by Avvo in the field of criminal defense. Attorney Prizzia takes a "hands on" approach with every case and she will stop at nothing to obtain the best possible outcome. We want to help you save your license!

Contact an Orange County DUI lawyer from our firm today to schedule your free consultation and learn how we can help you.

ORANGE COUNTY VEHICULAR MANSLAUGHTER LAWYER

DUI LAWYER IN NEWPORT BEACH

Need a lawyer for a vehicular manslaughter case in Orange County? A driver who has been in an accident and has alcohol on his or her breath is likely going to face charges related to DUI. If a person was injured in the accident the charges may become more serious. When there is a death in a drinking and driving accident, the driver may face manslaughter charges. An officer at the scene of a fatal accident can opt for the easy answer concerning the cause of the accident and write it up as a DUI manslaughter.

Prosecutors rely on police reports when determining what charges to file. In such a case, a lot of evidence may be overlooked at to what actually occurred. If you are facing a vehicular manslaughter charge make sure you are represented by an Orange County DUI Lawyer who has the experience needed to fight for you.

Have you been charged with vehicle manslaughter in Orange County? Avoid a lengthy prison sentence and obtain trusted legal counsel. Call us for a free consultation now!

VEHICULAR MANSLAUGHTER LAWYER IN ORANGE COUNTY

Vehicular manslaughter means causing the death of another through reckless or negligent driving. In the case of gross negligence the charge can be escalated to gross vehicular manslaughter. These offenses are punishable by 4 to 10 years in prison. With a prior DUI conviction the sentence may be longer.

PROVING FAULT IN VEHICULAR MANSLAUGHTER CASES

To gain a conviction, the prosecutor must prove several things, including:

  • The driver was driving under the influence
  • The driver committed a negligent or wrongful act
  • This act caused the fatality

In mounting a defense against a serious charge a vehicular manslaughter lawyer at our firm conducts a thorough investigation to gather evidence and witnesses vital to our client's case and build a compelling defense.

GET A LAWYER FOR VEHICLE MANSLAUGHTER CASE IN ORANGE COUNTY

Our firm will provide unequaled legal representation in fighting a vehicular manslaughter charge. With your freedom at state, it is vital to have a skilled criminal defense lawyer fighting for you. Call the Law Office of Frances Prizzia to discuss your options. We are ready to help you fight the charges. We believe in you and will fight for you every step of the way.

Have you been arrested for and charged with vehicular manslaughter? If so, then contact an Orange County DUI Lawyer at the firm right away to discuss your defense!

ORANGE COUNTY UNDERAGE DUI ATTORNEY

UNDERAGE DUI DEFENSE IN ORANGE COUNTY

Drinking and driving is a dangerous activity regardless of the age of the individual partaking in the activity. The state of California has a zero tolerance for underage drinking and driving. Even a small blood alcohol content of .01% can have you facing a DUI charge. If your DUI charge was given to you because you were operating a vehicle with a .05% or higher blood alcohol content, you will be charged with an underage DUI and a regular DUI.

It is very important that if you have been arrested that you retain trusted legal representation from the Law Office of Frances Prizzia as soon as possible. At our firm, we stand ready to provide our clients with outstanding legal representation and may be able to assist you in obtaining the best possible resolution for your case.

FACING UNDERAGE DUI CHARGES IN ORANGE COUNTY?

Are you feeling frustrated about your situation? You need to act now! After an arrest, you will have to face the California justice system rather quickly. Within ten days you will have the opportunity to speak with the Department of Motor Vehicles and defend your driving privileges at an administrative hearing.

Because these arrests are so serious, and you have so much on the line, it is vitally important that you retain the representation that you deserve and contact the Law Office of Frances Prizzia right away. Our Orange County DUI attorney at the firm can defend you against a serious the serious penalties that you could be facing and we stand ready to aggressively defend your rights and protect your future and freedoms.

Arrested for underage drinking and driving in Orange County? In the event that you are convicted of an underage DUI, you will be facing the following penalties:

  • At least a one year suspension of your driver's license
  • Forced to attend an alcohol awareness program
  • Fines
  • Probation

PENALTIES FOR UNDERAGE DUI

Although this offense is a serious one, it is not actually a criminal offense, but rather a civil offense, you may not necessarily see a permanent mark on your criminal record; however, it is important to remember that there is a risk that you could be charged with a felony offense separate from your civilian offenses. For example, if you were arrested for drunk driving and you were involved in an accident that resulted in a serious injury or the death of another person, you may be additionally charged with vehicular manslaughter or DUI with injury.

WORK WITH A SEASONED NEWPORT BEACH ATTORNEY

At the Law Office of Frances Prizzia, we understand that this time in your life can be frustrating, but with the retention of a dedicated DUI defense attorney you may be able to receive a favorable outcome for your case. We are not afraid to aggressively challenge the evidence that is brought forth by the prosecution and will ensure that all breath and blood sample tests were executed in a manner that did not violate your rights.

As an under 21 driver that has been charged with a DUI, you have a lot on the line – which is why it is absolutely vital that your future is trusted to an experienced and dedicated Orange County DUI lawyer.

If you have questions or concerns regarding your situation and are interested in seeing how working with the Law Office of Frances Prizzia may benefit your case, contact our Orange County DUI lawyer Frances Prizzia today and schedule a case evaluation as soon as possible.

MULTIPLE DUI CHARGE: 2ND, 3RD OR SUBSEQUENT OFFENSE

ORANGE COUNTY MULTIPLE DUI ATTORNEY

Looking for a lawyer for a multiple DUI case in Orange County? If you have been stopped by an officer and subjected to a DUI investigation and have a DUI conviction on your record, you are in danger of serious penalties. If you have been arrested for DUI for a second time or third time within 10 years you are facing far more severe consequences if you plead or are found guilty.

Repeat offenses are treated very harshly by prosecutors and the courts. Prosecutors typically seek the harshest sentencing possible. By law, with each subsequent offense the penalties escalate. There is however much that could be done in your defense. It is important that you understand your rights, the most important of which is the right to a skilled and effective defense by an Orange County DUI Lawyer who is staunchly on your side.

DUI LAWYER IN IRVINE FIGHTING FOR YOU

Possible penalties include:

  • Incarceration for up to 3 years in prison
  • Fines and penalties
  • Ignition interlock device installation when you are released and if you
    get your license reinstated
  • Community service
  • Probation
  • Mandatory substance abuse education or treatment
  • License suspension for up to 4 years

The fourth offense will be charged as a felony which involves a prison sentence. Someone who is considered a multiple DUI offender in California may have difficulty finding employment as very often prospective employers will do a background check on applicants. These are consequences you will want to avoid. You need a DUI defense lawyer who is a seasoned litigator and well experienced in defending 2nd, 3rd, and subsequent DUI offenses.

Need an Orange County DUI lawyer? Our legal team is very proficient in DUI defense and is wholly willing to go toe to toe with a prosecutor before a jury when necessary. We understand what is at stake and are ready to fight aggressively to gain a successful outcome. Discuss your defense with a skilled criminal defense lawyer by calling the Law Office of Frances Prizzia.

Are you facing a Multiple DUI charge? Contact an Orange County DUI attorney who is ready to help you.

CALIFORNIA FIELD SOBRIETY TESTS

ORANGE COUNTY DUI ATTORNEY

DUI charges are extremely serious in the state of California, and if you have been arrested for drinking and driving, then you need to retain skilled legal assistance for your case as soon as possible. The sooner that you retain the services of the Law Office of Frances Prizzia, the more time we will have to build a strong defense of your case. One of the primary means by which an officer gathers evidence to warrant an arrest for DUI, is through the use of field sobriety tests. The evidence gathered here is also usually used in court to substantiate a conviction.

If you are arrested for drinking and driving, then you need the skilled representation of an Orange County DUI attorney from our firm as soon as possible. With experience as a former public defender, and a long history of successful representation, you can look to Attorney Prizzia for the representation that you need on your side.

As some possible defenses, she can call into question the validity of:
  • The police stop, and/or
  • The evidence that substantiated an arrest
  • Your acknowledgement of license suspension upon BAC test refusal

Field sobriety tests are serious matters, and it is important for you to understand your rights regarding them.

Were you found to be intoxicated according to field sobriety tests? We can help you challenge the test results. Contact us online or call (714) 362-0157 to request your free consultation today to find out how we can help!

ASKED TO PERFORM A FIELD SOBRIETY TEST IN IRVINE?

This first thing you need to know about field sobriety tests in California, is that there is no legal penalty to refusing the test. A police officer cannot penalize you for politely declining to perform one of these tests. There are many different ways for these tests to be performed and there is one goal for each – gather evidence to warrant an arrest. Because of this, from the start of the tests, police officers will be looking for evidence to allow them to make an arrest based on substantiated suspicion that you are drinking and driving, or driving while impaired.

The tests may consist of the one leg stand, the walk and turn test, or the HGN (horizontal gaze nystagmus, among others:
  • The one leg stand requires you to stand with one foot raised at least six inches off of the ground and count to thirty. The officer will be looking for a lack of balance, lack of concentration, and inability to count correctly.
  • The walk and turn test involves taking nine heel-toe steps on a line, turning, and walking back. The officer will look for stepping off the line, the wrong number of steps, loss of balance, and other evidence.
  • The HGN test involves you looking at an object in front of your eyes, and following it. The officer will look for twitching of the eyeballs after a certain degree as an indication of intoxication.

NEED AN ATTORNEY FOR A DRUNK DRIVING CASE IN ORANGE COUNTY?

If you have been arrested and charged with the crime of DUI, then you need skilled representation on your side to help you effectively pursue the results that you need for your future.

Contact our firm online today or call (714) 362-0157 to discuss your charges and to begin pursuing the future that you desire.