Orange County is Tough on DUI cases for a variety of different reasons. In this article, we will examine the reasons why this is so.
The Orange County District Attorney has a “no tolerance” policy when it comes to DUI cases. For one, the prosecuting agency, the OC District Attorney’s office has a stated policy that they will not dismiss, or reduce, a driving under the influence (DUI) case unless there is a clear factual defense, or a clear legal defense, that makes it unlikely that they will win the case at trial.
Those factual defenses might include a problem with breath or blood testing. Breath testing has to strictly comply with California’s Title 17 alcohol testing laws, including having breath tests spaced two minutes apart, after a 15 minute observation period where there is no belching, burping, or vomiting, and must have two tests that agree with each other by a .02% maximum variance). In addition, any devices used must be properly maintained and calibrated, and the officer must be certified as trained on those devices.
Likewise, Blood Testing must also be done by a licensed phlebotomist, not have alcohol used as the swab for the arm, have a proven chain of custody, not be contaminated by bacteria or other contaminants, have two separate tests from two machines or batches used in testing, and have a machine used in testing that is properly maintained and calibrated.
Similar problems exist with DUI Drugs (DUID) cases, since those are also subject to proof via a blood test, and require similar steps to ensure a valid test.
Because of the policy of the prosecutor’s office, you cannot just walk in and request a dismissal or reduction of a DUI case. You, or your Orange County DUI Attorney, must do the due diligence and work and show that there are problems with the case, which the DA’s office might not even know about.