Veteran Mission Viejo DUI attorney EJ Stopyro has been successfully defending DUI cases in the Orange County courts for over 15 years with incredible results. (See Case Results) Mr. Stopyro works everyday with the same judges and prosecutors who will be handling your DUI case. Whether you were arrested by the Orange County Sheriff’s Department or the California Highway Patrol, Mr. Stopyro can help you.
Mission Viejo DUI Attorney Training
After completing his undergraduate studies at UCI, Mr. Stopyro graduated second in his class from Western State University Law School. He achieved the highest academic honors bestowed upon any student; summa cum laude. He was awarded four academic scholarships, named class salutatorian, and won an unprecedented nine American Jurisprudence awards for academic excellence.
After an internship with the Public Defender’s office, EJ was selected for a prestigious externship with the California Court of Appeal. Mission Viejo DUI attorney Stopyro then opened his own law firm dedicated to DUI defense in Orange County. He has used his skill and knowledge to successfully defended hundreds of felony and misdemeanor clients.
Why You Must Consult With A Mission Viejo DUI Attorney
Any Mission Viejo DUI attorney knows that even a first-offense DUI can be punished by up to six months in the Orange County jail. You will also face court fines and fees between $2,300.00 and $10,000.00. Moreover, you face between three and five years of formal or informal probation, a mandatory alcohol program, and a driver’s license suspension up to one year. If you have a prior DUI conviction within the past ten years, then you face mandatory jail time if you are convicted of a second-offense DUI. In Orange County, a typical second-offense DUI draws 60 to 90 days of jail time. This sentence greatly increases if there are aggravating circumstances, such as an accident, excessive speed, a child in the car, a hit and run, or if you resisted, obstructed or delayed the police.
If there was an accident and someone other than the defendant was injured as a result, then the DA can file felony DUI charges. In this case, you face up to three years in the California State prison. In any case, the drastic consequences of a DUI make it is essential to consult with an experienced Mission Viejo DUI attorney.
Successful Defenses Used By Mission Viejo DUI Attorneys
Do not trust any untrained person’s assessment of your DUI case, not even your own. Often, an arrested person gives up hope because they believe the case against them is solid. But often a skilled Mission Viejo DUI attorney can find a defense not visible to the untrained eye. Here are just a few successful defenses used by DUI attorney EJ Stopyro:
Often, the blood or breath test results are close to, and just slightly over, the legal limit. However, the blood or breath test is often given hours after the actual driving. But to convict someone of DUI, the DA must prove what the driver’s blood alcohol content (BAC) was at the time of driving. Any Mission Viejo DUI attorney knows that BAC changes over time. For example, while a driver’s BAC may be well below the legal limit while driving but may rise over time. Thus, it may be over the limit at the police station while it was under the limit just an hour or two ago while they were driving. This rising defense can be very effective with a BAC close to the legal limit. Mission Viejo DUI attorney Stopyro has used this defense many times, often leveraging a wet reckless deal with no jail time and no DUI conviction.
No Reasonable Suspicion
A police officer must have sufficient legal grounds to detain you in the first place. Often, what appears to be a legitimate stop is not. For example, most police officers believe that any anonymous tip regarding a “drunk driver” gives them legal cause to stop someone. But this is not true. Specific criteria must be met in order for an anonymous tip to rise to the level of reasonable suspicion. A skilled Mission Viejo DUI attorney can spot a potential illegal stop and file a suppression motion. In order to avoid litigating this motion, the DA will often agree to reduce the charge to a wet or dry reckless, which avoids any jail time or any DUI conviction on your record. Moreover, if your lawyer wins such a suppression motion, your case will likely be dismissed.
Improper Breath Test
In order for breath test results to be used against a defendant, the breath test must be administered in accordance with Title 17 of the California Code of Regulations. This requires that the officer closely monitor the defendant for fifteen minutes before the breath test to make sure the driver doesn’t burp. You see, a single burp can transport alcohol from the stomach to the mouth and completely invalidate the breath test. Moreover, the officer is required to take two breath tests at least two minutes apart. When the officer doesn’t strictly comply with these requirements, an experienced Mission Viejo DUI attorney can successfully challenge this evidence and substantially weaken the DA’s case.
Free Telephonic Consultation With A Mission Viejo DUI Attorney
At The Law Office of EJ Stopyro we offer a free and confidential consultation with Mission Viejo’s top DUI defense attorney. EJ will be happy to evaluate your case and help you explore your options. Call us today at (949) 559-5500. Our office is located at 27281 Las Ramblas, Mission Viejo, CA 92691.