DUI There's No Alternative

DUI Attorney Newport Beach, Ca

Defense for Drunk Driving Charges Throughout Orange County

When a motorist is charged with a “DUI” or “DWI” in Newport Beach and wants to mount a defense, the victim might have to consider several options. There’re some affirmative defenses, albeit in rare instances, to be looked into even when there is enough evidence to support the charges. One way entails attacking the officer’s observations regarding the happenings before the arrest was made or challenging the validity of proof, such as the exactness of the breathalyzer test.

Schedule a free consultation today with our DUI lawyers in Newport Beach from the Law Offices of Randy Collins!

The Affirmative Defenses in Newport Beach

Necessity – you prove that you had to drive to prevent a greater problem and there was no other option. Additionally, you must show the severity of the avoided risk would have created more harm than that of the DUI.
Duress – if you were forced to drive while drunk so you could avoid serious injury or even death.
Entrapment – if the officer somehow encouraged you to become intoxicated before driving. At this point, the defendant will have to show that he or she wouldn’t have taken liquor before driving in the first place.
Mistake of Fact – when you are completely sure that you are not drunk. For instance, the impairing effect is as a result of medicinal drugs or prescription medication.
Involuntary Intoxication – when you prove you got drunk unknowingly. You might have taken a dish laced with liquor in a party.

Common Drunk Driving Defenses in Newport Beach, CA

Improper Stop – possibly the most common arguments amongst defense lawyers in DUI cases. Improper Stop entails the claim that the officer lacked a reason to order the initial stop.
Administration or Accuracy of Field Sobriety Test – when the results are inaccurate, maybe as a result of improperly administered Field Sobriety Test. One common point of contention between officers and the accused is the Horizontal Gaze Nystagmus (HGN) Test.
Administration or Accuracy of Portable Breathalyzer Test – when the attorney challenges the use of the breathalyzer test. These cases happen when the officer is found to have been improperly trained or if the motorist was sick and vomiting or suffering from indigestion. It is still valid when it’s discovered the device wasn’t properly calibrated and maintained.
Administration or Accuracy of Standard Breathalyzer Test – similar defense to Administration or Accuracy of Portable Breathalyzer Test, but with more focus on the breath test devices used after arrests, usually at the police station.
Administration or Chain of Custody of Blood Test – questions raised by the defense attorney regarding the direction of a blood test. Was it tampered with or mishandled while in custody?
Rising Blood Alcohol Concentration – it’s based on the argument that while the motorist was driving, BAC was still below the legal limit and only increased between the period of stopping and when the tests were being taken. This is perhaps because the recently consumed alcohol had not been absorbed into the blood, and thus, had no effect before taking the BAC test.

Less Common Defenses

The Accused was not the Driver – perhaps he was a passenger or may have switched places with the driver before encountering the officer.
Improper Police Actions – fabricated evidence and testimonies, violation of the defendant’s civil rights, false reports, etc.

Get the legal defense you need for your drunk driving charges today by calling our DUI attorney in Newport Beach, CA!

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Over 45 years of Collective Experience
Thousands of Cases Successfully Handled
Former Deputy District Attorney
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Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".

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CLient Reviews

At Law Offices of Randy Collins, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

"They are such a great team to work with."
I was new in the US and I didn’t know anything or what to do from Day 1 from presenting my case to Randy. He reassured me that he would help me and that I shouldn’t worry. He was very supportive, responsive to every question no matter how silly it was he was very patient and comforting. He knew exactly how to address the problem and had a plan of action and after a long 2 years, he won my case I appreciate every effort Randy & Chris have done. They are such a great team to work with and I would recommend him in a heartbeat

Dalia
"I am extremley grateful for their help!"
Randy, Chris, and his team are amazing. Having talked to other offices, this one was the most responsive, caring, and downright most helpful. They are all super knowledgeable in defense and I am extremely grateful for their help. I 100% recommend and suggest you try a consultation.

John
"Randy is one of the best attorney's you could ever have."
Randy is one of the best attorneys you could ever have. I’m eternally grateful to Randy and his team for his dedication and professionalism. Randy is very brilliant when it comes to felonies, probation violations, or other criminal cases... Randy is the best lawyer you can have. when other lawyers told me they couldn’t help me out... Randy always told me he can help me and there was never an impossible case to bring in his favor. He was always in touch and keeping me updated on my case, and he gave me the peace and comfort I needed during difficult times. This is the second time he has had to help me stay away from jail. I will never look into other lawyers. I’ll be a loyal client to Randy from now on. You are #1, Randy. Thank you

Adriana
"We are forever thankful to have found Randy."
I cannot express how grateful I am to Randy and his team for the amazing job representing my dad. He was detailed, dedicated, and truly caring for my family throughout the entire process. We are forever thankful to have found Randy. It is rare to find a legal team that feels like extended family. We truly felt so cared for by him and Chris. His knowledge and expertise helped guide us through a very difficult situation and we are so happy to have found this team. I would refer Randy to anyone looking for legal representation. Randy is the best lawyer to call!!

Julia
"Passionate and always available."
Randy worked tirelessly for over two years to have my case dismissed and I can’t thank him enough for everything that he did for me.

Ray
"He went above and beyond!"
Mr. Collins is highly recommended. He really takes the time to listen and answer all your questions. He went above and beyond on helping me out with an issue that was never my fault.

Erik
"Caring and Genuine Attorney"
I called the office and right off the bat, I was super impressed at how much help I was receiving without even meeting in person. Chris (the guy who answered my call) is extremely nice and he explains everything so well. He told me how he used to work at the courts for many years (that gave me relief that he knew what he was talking about). Randy (the attorney) is delightful as well and put my worries to rest with his expertise and knowledge. You can tell by his demeanor and how passionate he speaks, that he is genuine and he cares about his clients. This office handles everything from DUI cases to just about anything criminal related.

Former Client
"Man of his word - got the issue resolved."
I hired Randy after my previous attorney failed to give me proper information and caused me to violate my probation. Randy appeared in court for got the issue resolved without any head aches. He was a man of his word and I highly recommend him.

Reedham

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