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* Home
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ORANGE COUNTY’S RECOGNIZED LEADER IN DUI & CRIMINAL DEFENSE FOR OVER40 YEARS
TRUSTED – RESPECTED – KNOWLEDGEABLE – EFFECTIVE CONTACT US NOW FOR FREE CONSULTATION The Law Office Of Barry T. Simons * Former Dean of the National College for DUI Defense * Board Certified in DUI Defense (Only 1 of 6 In Cal.) * Author of “CALIFORNIA DRUNK DRIVING LAW”. The Bible of DUIDefense
* Top Rated Martindale Hubbell A/V * Listed in Bar Register of Preeminent Lawyers * So. Cal. DUI SuperLawyer 2007-2020 * Who’s Who In American Law * Life Time Achievement Award – California DUI Lawyers Assn< BARRY T.SIMONS
Why Hire Us!
TOP RATED. WELL RESPECTED BUT DON’T JUST TAKE OUR WORD FOR IT. Life Time Achievement Award For DUI DefenseRegent Of NCDD
California State Bar Board Certification DUI Defense Dean’s Award National College for DUI Defense Founding Members Award (NCDD) WHAT YOU MUST KNOW NOW WHAT WILL HAPPEN IN COURTLearn More
DUI DRUGS
Learn More
DUI DEFENSES THAT WORKLearn More
HOW TO CHOOSE A DUI LAWYERLearn More
LEARN HOW TO SAVE YOUR DRIVER’S LICENSELearn More
DUI CHARGES
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DUI PENALTIES
Learn More
CONSEQUENCES FOR PROFESSIONALSLearn More
DUI WITH GREAT BODILY INJURY & HIT AND RUN | Probation & 42 days ofHome Confinement.
READ MORE VICTORIES
DUI MJ – 3RD OFFENSE DUI | Case Dismissed. Sentenced as minimum1st Offender.
READ MORE VICTORIES
DUI MURDER | reduced to ManslaughterREAD MORE VICTORIES
DUI WITH GREAT BODILY INJURY & HIT AND RUN | Probation & 42 days ofHome Confinement.
READ MORE VICTORIES
DUI MJ – 3RD OFFENSE DUI | Case Dismissed. Sentenced as minimum1st Offender.
READ MORE VICTORIES
VIDEO ABOUT US
WHAT WE DO
DUI DEFENSE:
* DUI Alcohol
* DUI Drugs & Prescription Medication* DUI Marijuana
* DUI With Prior Convictions * DUI With Accidents & Injuries * DUI Manslaughter Or Murder * DUI Zero Tolerance – Juveniles * DMV License Suspensions* Refusals
* Probation ViolationsFOCUS OF DEFENSE:
* Innovative Scientific And Medical Defenses * Challenging Arrests and Detentions * Challenging Sobriety Roadblocks * Challenging Field Sobriety Tests * Challenging Breath Tests * Challenging Blood Analysis * Challenging Refusals * Challenging Prior Convictions * Interstate License Suspension Issues * Alternative SentencingWHO WE HELP
* Persons With Low Alcohol Levels (.10% Or Less) * Persons Who May Have Immigration Issues * Persons Facing Enhanced Penalties With Alcohol Levels Over .15%And .20%
* Persons Arrested For DUI Drugs; Marijuana Or PrescribedMedications
* Persons Who Have Prior DUI Convictions Facing Significant JailSentences
* Persons Who Have Been In Accidents * Persons With Fears About Effects Of DUI On Present Or FutureEmployment
* Professionals Facing Administrative Licensing Discipline * Business Executives With Unique Needs * Out of State ResidentsFAQ
What Do I Need To Do Right Away? You must contact the DMV to request an Administrative Hearing to challenge your suspension and to request a stay on the suspension of your driver’s license. You only have 10 CALENDAR DAYS to request that hearing. If you are considering hiring a lawyer to help you through your DUI charge you should contact a reputable DUI expert lawyer as soon as possible. “LEARN HOW TO SAVE YOUR DRIVER’SLICENSE”
Read more
What’s The Difference Between DUI Charges? VC 23152(A) requires proof that you drove a vehicle impaired byalcohol.
VC 23152(B) requires proof that you drove with an alcohol level abovea .08%.
VC 23152(F) requires proof that you drove while impaired to an appreciable degree by a drug. VC 23152(G) requires proof that you drove while under the combined influence of alcohol and a drug. VC23153(A)-(G) apply to DUI charges where another person is injured and may be charged as a misdemeanor, a felony or a violent felony with great bodily injury. (Read More) CLICK HERE TO LEARN MORE ABOUT YOUR DUI CHARGERead more
Can DMV Hearings Be Won? There are many issues which can lead to a suspension being set aside by the DMV. Attorneys who specialize in DUI defense can also guide you through the process in ways that will reduce any suspension imposed by 50-75%. (READ MORE ABOUT HOW TO SAVE YOUR LICENSE)Read more
Do I Have To Go To Court? If you are charged with a felony, you will be required to appear at all court appearances unless your attorney files a waiver with the court excusing you from attending specified hearings. If you were charged with a misdemeanor, and you have retained a lawyer, your lawyer can make the court appearances for you in most cases. If your case goes to trial you would normally be required to be in court. (Read More About WHAT WILL HAPPEN IN COURTAnd WHY
YOU MIGHT WANT A LAWYER)
Read more
What Are The Penalties For DUI? The penalties for a DUI conviction vary greatly depending upon whether this is your first offense; whether you have prior convictions; whether you hurt or killed someone; and what your blood alcohol levelwas.
Every degree of DUI provides for jail time, fines and various levels of alcohol schools ranging from three months to 18 months. Different courts and different judges have very different views on sentencing and it is critical that you have an attorney who specializes in DUI defense and is familiar with the court that yourcase will be in.
In addition, there are very real penalties that affect Immigration status, your employment and future employability especially if you are a licensed professional. (Read More About DUI PENALTIESand CONSEQUENCES
FOR PROFESSIONALS)
Read more
How Long Will I Lose My License ? DMV license suspensions range from four months to three years depending upon your age, the amount of separate convictions or administrative actions you have and whether you refused a chemicaltest.
The court will also suspend your license upon being convicted of a DUI. Court suspensions range from six months to four years. IF YOU WERE OVER 21, AND DID NOT REFUSE A CHEMICAL TEST AND WERE ARRESTED AFTER 1/1/2019, AN ATTORNEY WHO SPECIALIZES IN DUI DEFENSE CAN GUIDE YOU THROUGH THE PROCESS IN WAYS THAT CAN TOTALLY AVOID ANY ACTUAL DRIVERS LICENSE SUSPENSIONS. Read More about how to SAVE YOUR DRIVER’S LICENSERead more
What If I Refuse To Take A Test? The consequences for willfully refusing to take a chemical test are serious. If the refusal is upheld by the DMV, you will receive a suspension of (1) to (3 )years without restriction eligibility. There are many ways to challenge a refusal. Were you lawfully detained and arrested? Did the police officer give you a proper admonition? Were you given a choice of tests? Did your words or conduct amount to a refusal? Did the officer in any way create confusion about your rights or responsibilities? Did the officer obtain a valid warrant? Was your blood taken in a medically approved manner? (Read more about REFUSALS and CHALLENGING BLOOD TESTS)Read more
Are Police Alcohol Tests Accurate and Reliable? Breath testing for DUI enforcement has been around for a long time. In order for the test to be accurate, precise and reliable they must be performed properly on equipment that is calibrated and the sample must be obtained and analyzed according to excepted scientific procedures. Forensic alcohol testing assumes that the subject is a normal healthy individual. There are innumerable medical conditions which would make an individual an inappropriate subject for the chosen test. (Read More About Challenges To AlcoholTests)
Read more
What Happens If I'm Under 21? If you’re under 21, the Zero Tolerance 0.01% Standard applies and you will face a one year driver’s license suspension from the DMV. YOU WILL NOT BE ENTITLED TO AN EARLY IID RESTRICTION. You can petition for a “critical need to drive” restriction from the DMV but these are rarely granted without the help of an attorney. On the Court side, you could be charged with VC 23136 (0.01% or more); VC 23140 (0.05% or more) or VC 23152 (0.08% or more). If you were under 18, your case will be heard in the juvenile court. Judges also have the power to grant a “critical need to drive”. (Read More About Zero Tolerance)Read more
What Happens If I Live Out of State? Being an out-of-state resident and being charged with a DUI in California presents many logistical problems and consequences not only in California but in your home state. It is critical to have an attorney who can analyze the consequences of a conviction in California on your license in your home state and coordinate any potential consequences to minimize the impact of your DUI. This is especially true if you have any DUI convictions from out of state with in the last 10 years. (Learn More) OUT OF STATE RESIDENTS ANDLICENSING ISSUES
Read more
Do Licensed Professionals Have To Report Convictions? There are over 51 regulatory Boards in the State of California that have oversight over professionals who are licensed in the State of California. Each of these agencies has their own regulations and reporting requirements. Many of the regulatory Boards require professionals to give their fingerprints through the live scan procedure. If you have done so, you can be assured that your board will receive a notice of an arrest for DUI. Most boards do not require you to notify them of an arrest for DUI. Most boards do require notification of the filing of a felony complaint or indictment or the conviction of any crime including misdemeanors. If you are a licensed professional charged with DUI, it is critical for you to seek out an attorney who is specialized in DUI defense and is familiar with professional administrative licensing practices. (Learn More About Consequences For Professionals With A DUI)Read more
What Will Happen If I Have Prior Convictions? If you have a separate conviction or administrative suspension for DUI related offenses including an alcohol related (wet) reckless driving you will be facing longer jail time, longer license suspensions and increased bail. In orange county for example district attorneys will be asking for 60–90 days in jail for a 2nd offense;180 to to 364 days in jail for a 3rd offense and prison for a 4th or greater offense. With so much at stake, you need an experienced DUI lawyer to navigate you through this critical time in your life. (Find Out More about MULTIPLE PRIORS AND SENTENCING)
Read more
Is Having A Prescription A Defense To DUI Drugs? Driving on prescribe medications in California is very dangerous because the state has no set per se levels to determine impairment. This is because that cannot be scientifically done. Each individual has their own unique tolerance to prescribe medication and drugs act differently than alcohol. Many people think that if they have a prescription from a doctor for their medication they have a defense to a charge of driving while under the influence of that medication. Unfortunately they do not! A prescription is a defense to a possession charge or H&S 11550 (Being under the influence of a controlled substance) which carries a mandatory minimum 90 day jail sentence. (Find Out More About DUI Drugs)Read more
How Do I Hire An Experienced DUI Lawyer? With so much at stake, finding the right DUI lawyer is critical. Be sure that the attorney you choose is “Board Certified in DUI Defense” under the Rules of The American Bar Assn. Is the Attorney a “Specialist Member” of the California DUI Lawyers Assn. Is the attorney an Author of a DUI Defense treatise like “California Drunk Driving Law”? Has the attorney served as an Officer or Director of a DUI Organization like the National College for DUI Defense? Has the attorney been selected as a “Superlawyer” for DUI Defense. (Learn More About Selecting YouDUI Lawyer)
Read more
How Can I Arrange A Free Confidential Consultation? The Law Office of Barry T Simons offers a free, no cost, DUI consultation and DUI case evaluation. Please call 949–497–1729 or complete a confidential DUI contact form to schedule an appointment with the DUI lawyers of the Office of Barry TSimons CONTACT US
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WHAT OUR CLIENTS SAY ABOUT USCLIENT COMMITMENT
”Your client commitment became crystal clear to me when you hand delivered important documents that truly led to the incredible positive outcome in my case. When I envision the potential alternative outcomes is when I can sincerely say from the bottom of my heart.Thank You!”
HONEST AND KNOWLEDGEABLE APPROACH “Your honest and knowledgeable approach towards handling this case gave myself, and family the peace of mind that all of us desperately needed during that extremely trying time. I need you to know that my relationships with family, friends and in the professional world have remained in tact and positive.” CRITICAL RELATIONSHIPS WITHIN THE LEGAL WORLD “YOUR ABILITY TO ENVISION AND ADDRESS ISSUES BEFORE THEY ARISE ARE OBVIOUSLY DUE TO YOUR EXCEPTIONAL CAPABILITIES, GAINED FROM A LONG STANDING CAREER AND YOUR CRITICAL RELATIONSHIPS WITHIN THE LEGALWORLD.”
TRULY CARE ABOUT THE WELFARE OF THEIR CLIENT’S “BARRY, I HAD TO WRITE YOU AND TELL YOU HOW THANKFUL AND GRATEFUL TO THE SERVICES I RECEIVED FROM YOU AND YOUR STAFF DURING MY LAST LEGAL ENTANGLEMENT. YOU AND YOUR COLLEAGUES HAVE RENEWED MY FAITH IN THAT COMPETENT ATTORNEY’S THAT TRULY CARE ABOUT THE WELFARE OF THEIR CLIENT’S AND FAMILIES DO EXIST.” AN ATTORNEY YOU CAN TRUST “ADDITIONALLY, YOUR AMAZING STAFF AND THE SIZE OF YOUR PRACTICE HAVE SQUARELY PLACED YOUR REPUTATION IN THE ORANGE COUNTY AREA AS THE RELATIONSHIP TO HAVE WHEN YOU ARE IN DESPERATE NEED OF AN ATTORNEY YOU CAN TRUST YOUR IMMEDIATE ENTIRE FUTURE WITH. UNFORTUNATELY, THIS IS A RARE COMMODITY IN TODAY’S LEGAL MAZE.”CLIENT COMMITMENT
”Your client commitment became crystal clear to me when you hand delivered important documents that truly led to the incredible positive outcome in my case. When I envision the potential alternative outcomes is when I can sincerely say from the bottom of my heart.Thank You!”
HONEST AND KNOWLEDGEABLE APPROACH “Your honest and knowledgeable approach towards handling this case gave myself, and family the peace of mind that all of us desperately needed during that extremely trying time. I need you to know that my relationships with family, friends and in the professional world have remained in tact and positive.” CRITICAL RELATIONSHIPS WITHIN THE LEGAL WORLD “YOUR ABILITY TO ENVISION AND ADDRESS ISSUES BEFORE THEY ARISE ARE OBVIOUSLY DUE TO YOUR EXCEPTIONAL CAPABILITIES, GAINED FROM A LONG STANDING CAREER AND YOUR CRITICAL RELATIONSHIPS WITHIN THE LEGALWORLD.”
TRULY CARE ABOUT THE WELFARE OF THEIR CLIENT’S “BARRY, I HAD TO WRITE YOU AND TELL YOU HOW THANKFUL AND GRATEFUL TO THE SERVICES I RECEIVED FROM YOU AND YOUR STAFF DURING MY LAST LEGAL ENTANGLEMENT. YOU AND YOUR COLLEAGUES HAVE RENEWED MY FAITH IN THAT COMPETENT ATTORNEY’S THAT TRULY CARE ABOUT THE WELFARE OF THEIR CLIENT’S AND FAMILIES DO EXIST.” Read More Testimonials DEDICATED OC DUI DEFENSE FOR OUR CLIENTS “JUSTICE THROUGH KNOWLEDGE” is the motto of the National College For DUI Defense. That motto is the driving force of our Firm. DUI Defense is one of the most challenging areas of the criminal law. Knowledge of The Law: New cases are decided by the courts every day and new laws are constantly being changed by the Legislature. We keep track of the law on a daily basis because the Lawyers in this Firm literally write the book on DUI Defense and we understand that the best lawyer knows the law better than the opposition. We also fight for our client’s rights and important legal issues by taking appeals to both California Appeals Courts and The United States Supreme Court. Learn More About Our Appellate Cases KNOWLEDGE OF SCIENCE: In order to be an effective DUI Defense Lawyer you must understand the science of alcohol absorption, distribution and elimination. In order to do that, you must become an expert in physiology; anatomy; biology; physics and chemistry. You must understand the complex mechanics and theory behind gas chromatography, fuel cells and all the devices used by government scientist to test for drug and alcohol content in human beings. Our office has a library of over 3,000 scientific articles on all aspects of science as applied to DUI Defense and we attend and teach at continuing educationseminars.
VIEW INDEX OF OUR SCIENTIFIC ARTICLES KNOWLEDGE OF POLICE PROCEDURES: A great DUI lawyer must be trained in challenging standardized field sobriety testing and also be up to date on police procedures and protocols to effectively challenge police officer opinions of sobriety. VIEW OUR LIBRARY OF POLICE MANUALS KNOWLEDGE OF THE SYSTEM: There is no substitute for experience. There is no substitute for being a respected professional. There is no substitute for having a good reputation with Judges and Prosecutors and having forty years of experience dealing with Judges andProsecutors.
KNOWLEDGE OF HUMAN NATURE: Experience matters when it comes to helping people. We have represented over 8,000 citizens charged with DUI related offenses. We are a client centric firm! All of our clients are unique individuals with unique problems and circumstances. We pride ourselves in taking a holistic view of our client’s problems and are always there to help them navigate through whatever challenges that they may have as a consequence of the charges that they face. Clients who are charged with having prior convictions have special problems and unique needs. We have a comprehensive network of professionals and services to assist our clients who are in need intervention and treatment and utilize these resources for our client personal andlegal betterment.
READ OUR REVIEWS
Why hire a Dui Lawyer who reads this book when you can hire the OC DUI Lawyers who write the book on California Drunk Driving Law CALCULATE YOU BLOOD ALCOHOL LEVELBLOG
COST OF DUI LAWYERS
COST OF A DUI LAWYER COSTS OF A DUI LAWYER One of the most commonly…Read More >
DUI CHECKPOINTS IN LAGUNA BEACH The Laguna Beach Police Department conducts DUI/Driver's License Checkpoint on Pacific Coast Highway and on…Read More >
ORANGE COUNTY CRIME LAB NOW TESTS ALL DUI BLOOD SAMPLES FOR DRUGS Motorists who are stopped for suspicion of DUI and are arrestedare given…
Read More >
DRIVING ON PRESCRIBED MEDICATION AND THE RISK OF DUI ARREST DRIVING ON PRESCRIBED MEDICATION Since there are no per se levels for driving under the…Read More >
ROADSIDE MARIJUANA SCREENING TESTS Legalization of Marijuana Creates New Challenges The passage of Proposition 64 by the voters of…Read More >
WAS YOUR BLOOD OR BREATH TEST AN ILLEGAL SEARCH? BLOOD TESTS AND THE CONSTITUTION The Fourth Amendment to the United States Constitution protects us…Read More >
YOU DON’T HAVE TO LOOSE YOUR DRIVERS LICENSE BECAUSE OF A DUI If you are over 21 and didn't refuse to take a breath or blood test…Read More >
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ORANGE COUNTY (OC), CA The Law Offices of Barry T. Simons provides serious DUI Defense for clients arrested throughout Orange County for alcohol and drug related DUI charges. Every Police Agency has to be dealt with differently! To learn more about how we defend these cases please click on the City you were arrested in or click on CHP.CITY LOCATIONS
* CHP
* Aliso Viejo
* Anaheim
* Balboa Island
* Brea
* Buena Park
* Corona Del Mar
* Costa Mesa
* Coto de Caza
* Cypress
* Dana Point
* Dove Canyon
* Foothill Ranch
* Fountain Valley
* Fullerton
* Garden Grove
* Huntington Beach
* Irvine
* La Habra
* La Palma
* Ladera Ranch
* Laguna Beach
* Laguna Hills
* Laguna Niguel
* Laguna Woods
* Lake Forest
* Los Alamitos
* Los Angeles
* Mission Viejo
* Monarch Beach
* Newport Beach
* Orange
* Placentia
* Portola Hills
* Rancho Santa Margarita* San Clemente
* San Juan Capistrano* Santa Ana
* Seal Beach
* Stanton
* Tustin
* Villa Park
* Westminster
* Yorba Linda
BY BARRY T. SIMONS: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”. BY BARRY T. SIMONS: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”. BY BARRY T. SIMONS: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”. BY BARRY T. SIMONS: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.CONTACT INFORMATION
260 St. Anns Drive, Laguna Beach, CA 92651 Phone: (949) 497-1729Fax: 949-497-3971
Email: info@simonslaw.comMAIN MENU
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* How To Choose a DUI LawyerCONTACT FORM
Сredit Сards Accepted:LEGAL DISCLAIMER
This website and blog are intended for use by those seeking general information relating to California drunk driving law. The reader should be aware of the fact that California DUI laws and legal procedures such as those presented in this website are constantly changing. Consequently, any statute, law, or procedure discussed herein may have been changed as a result of drunk driving laws, judicial court decisions, or California Department of Motor Vehicles (DMV) license suspension rules, regulations, policies or procedures enacted since similar information was posted on this website. Moreover, the information provided here is not intended to be legal advice and should not be relied upon as such because there is no substitute for consulting with a qualified DUI Specialist. Accordingly, the reader is strongly advised to consult with a DUI Specialist and anyone with a legal problem should immediately obtain legal representation and advice from an attorney with extensive experience handling California DUI Defense cases. The Law Office of Barry T. Simons assumes no liability whatsoever for any use of this website or blog as it is provided for informational purposes only and is not intended to be legal advice from this office or from any attorney working for this firm. Rather, the information contained in this website and blog are intended to initiate further, subsequent discussions between the reader having a specific legal problem and a qualified DUI attorney. All readers are informed that no attorney-client relationship is intended nor formed by any use of this website or blog and all readers are advised, in line with the Rules of the State Bar of California, that the only way to form an attorney-client relationship with The Law Office of Barry T. Simons is to execute a binding retainer agreement. OUR COMMITMENT TO PRIVACY Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices. We use the information you provide to contact you regarding a criminal or DUI charge for purposes of a consultation. We do not share the information with outside parties (unless required by law), as the information is protected by the attorney-client privilege. OUR COMMITMENT TO DATA SECURITY To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.HOW TO CONTACT US
Should you have any questions and/or concerns regarding our Privacy Policy and/or Our Commitment to Data Security, please contact us via telephone at: 949-497-1729 or send us an email at: info@simonslaw.com Copyright © 2019 Barry T. Simons - All Rights Reserved - SitemapDetails
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