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
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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.

"In life you need a good mechanic, a good Doctor, and a Super Lawyer."
There’s no words to describe Mr. Collins, not just as an attorney but a Super and Great Human Being. He has been an “Angel” and “Life Saver” for one of my family members.
By Profession, I’m a Radio and TV Host, and I’ve interviewed and talked to quite a few in this Profession, and trust me when I say, that I’m so impressed with Mr. Collins and in today’s modern times it’s hard to find someone that works so hard, cares, and makes things happen!!!
In life you need a good mechanic, a good Doctor, and a Super Lawyer. Trust him, believe in him and you become one of the “Winners” by hitting “Jackpot” with your legal needs:)

Victor
"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
"Glad I had Randy to guide me through it."
I had the unfortunate experience of being too drunk one night in DTF which led to a Drunk in Public charge. I was able to hire Randy after looking online for a good lawyer. I ended up paying about $3,500 for his services and he got the case dismissed. It was an easy process. It was my first time getting in trouble with the law, and I am glad I had Randy and Chris there to guide me through.

Juan
"Handled my case in record time with the best possible outcome."
Randy is awesome! I called so many attorneys and in all honesty he is such an incredible person. All of his office staff is friendly, professional and knowledgeable. He really cares about the welfare of his clients and takes time to discuss your needs in person. I highly recommend him. He handled my case in record time with the best possible outcome.

Staci
"Giving Randy a shot was the best choice."
Oh man, I thank my lucky stars for attorney Randy and his team. I was able to get a great deal and the best advice!

Adri
"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
"An Attorney I Could Trust"
I called to inquire about a case I was facing, this was one of the many attorneys I was speaking with during a free consult about my next steps. The future was looking more and more alarming as the implications of what I was facing were becoming clear. Halfway through explaining my situation, he interrupted me and asked some basic information, put me on hold for one second and came back telling me he had called around and found out that my case was not proceeding. Four other attorneys I had spoken to did not do this, and in fact had used scare tactics and worst case scenarios to try and hard sell me into signing a retainer. (unfortunately, the evening before I HAD with another attorney signed a retainer but thats for another review) Although I did not need to retain the services of this office, I believe that single action speaks worlds about the integrity, helpfulness, intelligence and capabilities of this office. In a world that is so difficult for the uninitiated, such as the legal system, it seems people are taking advantage of you at every turn. It was a welcome and uplifting experience to see the opposite of that with this law office and I am so grateful I was able to find them and know I could call them if anything were to ever happen to me later in life and know I could trust this team.

Chris

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