Who Has the Burden of Proof in a Criminal DUI Case?

The state prosecutor has the legal burden of proof in any criminal case, including a DUI case. The individual facing the criminal DUI charge or the defendant does not need to prove anything in the case or even testify as a witness in court. Rather, the entire legal burden rests with the state prosecutor handling the case. Moreover, to obtain a conviction for DUI against the defendant, the state prosecutor must establish their legal burden beyond a reasonable doubt. This is the highest legal burden of proof to satisfy in a case, and if the prosecutor cannot satisfy it, the case may be subject to a complete dismissal. A skilled DUI defense attorney can help you raise appropriate legal defenses in response to your criminal DUI charge. Although you do not need to prove anything, your lawyer may raise one or more legal defenses at trial to negate various elements of the prosecution’s case. If a particular defense is successful, your DUI charge may be subject to a complete dismissal, and you will not sustain a conviction or incur any penalties.

How Police Officers Make Mistakes When Administering Field Sobriety Tests to Drivers?

In some cases, police officers make serious mistakes when administering a field sobriety test to a driver during a traffic stop. Sometimes, an officer might fail to account for a driver’s medical conditions or environmental factors. First, a police officer may simply administer the test incorrectly, leading to an inaccurate result. Alternatively, a police officer might fail to account for poor lighting or weather conditions in the area, preventing a driver from performing the requested task correctly. The officer might also fail to account for balance issues or other medical conditions that may prevent the driver from standing on one leg or walking in a straight line without losing their balance. If you believe that a police officer may have performed a field sobriety test improperly, you can raise that legal defense at trial and pursue a complete dismissal of your criminal DUI charge. A DUI defense attorney can determine if you may be eligible to raise one or more of these legal defenses at your court date and can assist you with raising the appropriate defense(s) on your behalf in court.

Criminal Defense Law Blog

How Can I Fight a DUI Felony in Orange County?

Most of us know the serious consequences of driving under the influence, both in terms of the injury it can cause and the consequences for drivers who find themselves facing serious charges associated with their actions. However, the justice system is often fraught with nuances, and each individual case will have its own complexities. As […]

Unlawful Police Stops in Orange County

Chudnovsky Law has spent years protecting the rights and interests of people in Orange County charged with criminal offenses. We are renowned for our in-depth knowledge of the law and our strategic, results-oriented approach to criminal defense. If you face DUI charges and believe that the initial traffic stop was unwarranted or without probable cause, […]

Can You Get a DUI for Marijuana in Orange County?

While cannabis is legal in California, both medicinally and recreationally, state laws make driving under the influence of any intoxicating substance a crime. Many know the dangers and penalties associated with alcohol-related DUIs, but don’t understand what happens when a driver gets a marijuana DUI. At Chudnovsky Law, our respected team of attorneys, including former […]

Navigating First-Time DUI Charges in Orange County

The state’s zero tolerance law makes driving under the influence (DUI) a severe traffic violation and a crime in California. The gravity of the situation may overwhelm first-time offenders. You may wonder what comes next and if you can do anything to remedy the situation. Chudnovsky Law is dedicated to providing legal assistance to those […]

Driving While Suspended for DUI in Orange County

DUI arrests occur every day in Orange County. Those convicted of drunk driving typically receive penalties, which may include the suspension or revocation of the driver’s license. Still, occasionally circumstances occur where those with suspended licenses find themselves behind the wheel and detained once again. You may wonder what happens when police catch someone driving […]

Orange County DUI Penalties

Driving under the influence, or DUI, can result in severe penalties upon conviction. A convicted DUI offender may receive monetary fines, probation, and even jail time, depending upon their circumstances and the sentencing judge handling their case. In addition, they may have to attend an alcohol or drug rehabilitation course, install an ignition interlock device […]

DUI Involving Drugs in Orange County

California, like many other states, has strict laws when it comes to driving under the influence (DUI). Although many people associate DUIs with alcohol, a person may also be guilty of DUI if they are under the illegal influence of a drug or other controlled substance. Essentially, an individual commits a DUI if alcohol or […]

DUI Involving an Accident in Orange County

Drivers have a duty to drive safely and carefully and abide by all traffic laws. However, they cannot do this if they are under the illegal influence of alcohol or drugs. Alcohol and other controlled substances may alter a driver’s mindset, preventing them from operating their vehicle safely. Alcohol, in particular, may slow down a […]

Breath & Blood Tests in Orange County

One of the ways that police officers and prosecutors obtain evidence for a criminal DUI case is by collecting breath and blood samples. In fact, if a state prosecutor uses this evidence to secure a conviction against you, you may be looking at serious legal penalties and collateral consequences that affect every aspect of your […]

Orange County Field Sobriety Tests

Those who incur criminal convictions for driving under the influence, or DUI, may face serious penalties and collateral consequences. Those potential penalties may include jail time, high monetary fines, and administrative penalties. Of course, the best way to avoid these penalties is to avoid a criminal DUI conviction in the first place. When arresting for […]