PETER F. IOCONA - ATTORNEY AT LAW
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PETER F. IOCONA
ATTORNEY AT LAW

22982 LA CADENA DR #239
LAGUNA HILLS, CA. 92653




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23152 VERDUGO DR #201
LAGUNA HILLS, CA. 92653

 



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ALAN CASTILLO AND PETER F.  IOCONA BOTH SELECTED AS ONE OF ORANGE COUNTY'S TOP-RATED DEFENSE ATTORNEYS

Top-Rated OC DUI Attorney


PETER F. IOCONA: RATED BY "SUPER LAWYERS" 2015-2016


Super Lawyer Rated - Peter F. Iocona


PETER F. IOCONA SELECTED AS ONE OF THE "TOP 100 TRIAL LAWYERS" BY THE NATIONAL TRIAL LAWYERS ASSOCIATION


Top 100 Trial Lawyers - Peter F. Iocona



PETER F. IOCONA SELECTED AS ONE OF THE TOP CRIMINAL DEFENSE ATTORNEYS





PETER F. IOCONA SELECTED AS ONE OF THE NATION'S TOP ONE PERCENT ATTORNEYS BY N.A.D.C. 


Peter F. Iocona - Top One Percent Rated Attorney


PETER F. IOCONA SELECTED AS A MEMBER OF THE NATIONAL ADVOCACY OF DUI DEFENSE


Nationally Ranked Superior DUI Attorney


FEATURED IN THE "TOP 100" MAGAZINE AS ONE OF THE NATION'S TOP 100 LAW FIRMS



 "MEMBER" OF THE CALIFORNIA DUI LAWYERS ASSOCIATION


DUI Defense Lawyer - California DUI Lawyers Association


"MEMBER" OF THE NATIONAL COLLEGE FOR DUI DEFENSE


DUI Lawyer - National College for DUI Defense


"MEMBER" OF THE DUI DEFENSE LAWYERS ASSOCIATION (DUIDLA)


DUI Defense Lawyer - DUIDLA Member

  
ALAN CASTILLO SELECTED AS 
ONE OF THE "TOP 100 TRIAL LAWYERS" BY THE NATIONAL TRIAL LAWYERS ASSOCIATION



Top 100 Trial Lawyers - Alan Castillo


ALAN CASTILLO SELECTED AS 
ONE OF THE NATION'S TOP ONE PERCENT ATTORNEYS BY N.A.D.C. 


Alan Castillo - Top One Percent Rated Attorney



FORMER CONTRIBUTING EDITORS TO "CALIFORNIA DRUNK DRIVING LAW "
(2003-2016)


California Drunk Driving Law - Contributing Editors (2003-2016)



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Peter F. Iocona - Top-Rated Orange County DUI Lawyer

PETER F. IOCONA RATED "SUPERB" "10/10" BY AVVO



Peter F. Iocona - Best Orange County DUI Lawyer

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FROM AVVO RATING SERVICE


Peter F. Iocona - Top Orange County DUI Attorney

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ALAN CASTILLO RATED "SUPERB" BY AVVO





 
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ORANGE COUNTY DUI DEFENSES

RATED BY SUPER LAWYERS, ORANGE COUNTY'S TOP-RATED DUI DEFENSE ATTORNEYS

Peter F. Iocona - Top 100 Trial LawyersPeter F. Iocona - Super Lawyers Rated Orange County DUI Lawyer  Peter F. Iocona - Top-Rated DUI Criminal Defense Attorney
 Peter F. Iocona - Top-Rated Orange County DUI Defense Attorney

COMMON DUI DEFENSES IN ORANGE COUNTY


There are numerous defenses to a DUI charge; however, the defense must still be reasonable if you expect it to be considered reasonable doubt. These are a few of the most commonly used defenses in Orange County to defend those charged with DUI in Orange County and throughout Southern California.

ORANGE COUNTY DUI DEFENSE LAWYERS

The defenses set forth below and the accompanying links demonstrate the need for those charged with DUI in the County of Orange to obtain the very best DUI defense Lawyer. The Orange County DUI Defense Lawyers of The SoCal Law Network are Orange County's Leaders in DUI Defense. Contact one of the DUI Defense Lawyers from The SoCal Law Network to see whether any of the defenses listed below apply to your Orange County DUI case.


RISING BLOOD ALCOHOL LEVEL - YOU WERE UNDER 0.08% AND NOT IMPAIRED AT THE TIME OF DRIVING - THIS IS THE LAW


Probably the most common
Orange County DUI Defense is the "rising blood alcohol" defense.  It is based, correctly so, on the fact that a person's blood alcohol level starts at zero, rises and then reaches a peak.  It thereafter begins to decline.  Because the blood or breath alcohol level at the time of driving is at issue, if it can be shown that the person was actually below a 0.08% at the time of driving, the person is not guilty of the CVC § 23152(b) charge.  

If the person was not at or above a 0.08% at the time of driving, he/she may also not have been impaired, or under the influence.  If the person was not impaired at the time of driving either, then he/she is not guilty of the crime of driving under the influence (CVC § 23152(a)) either.
 
This defense requires an experienced Orange County DUI Attorney who has specialized knowledge in the science of driving under the influence.  The Orange County DUI Attorney must have experience in cross-examining the DA's expert witnesses: forensic scientists from the Orange County Crime Laboratory, who will almost always be of the opinion that the person charged was at or above a 0.08% or more at the time of driving and was thus impaired.  With the right approach, an experienced Orange County DUI Attorney can show the jury that the person was likely below a 0.08% at the time of driving, and thus, not impaired.  Accordingly, that person cannot be guilty of the DUI charge.

This defense is not just a way to avoid a conviction - there are just limitations on the types of evidence that can be acquired as part of a DUI investigation. Namely, there must be an investigation before the evidential chemical test. Thus there is, by virtue of the DUI Investigation, a time delay from the time of driving to the time of a post-arrest chemical test. A person could be below 0.08% and not impaired at the time of driving; and therefore "not guilty" as a matter law.


BREATH TEMPERATURE DEFENSE & BREATH TEST VARIABILITY


Breath testing is an "indirect measurement" of the person's true blood alcohol level.  Because it is just an estimate, it is subject to a certain amount of variability.  In some cases, the amount of variability can be quite substantial and result in an over-reporting of the true blood alcohol level.  Many experts have opined that a breath testing device can over-report a person's true blood alcohol level by as much as 40-to-100% depending on the circumstances.  Therefore, one breath test subject can have a breath test result of 0.11%, but his/her true blood alcohol level could actually be only a 0.06%-to-0.09% at the time of the breath test, which was taken 15-to-45 minutes after the time of driving.  Thus, the person's true blood alcohol level at the time of driving may have been even lower than that reported at the time of the breath test.
 
Orange County Law Enforcement agencies use a portable evidentiary breath testing (PEBT) device.  It looks just like a preliminary alcohol screening (PAS) test, but it's hooked up to a fancy computer that prints out the DUI suspect's breath test results immediately at the scene.  The device is, for all intents and purposes, no more accurate than the PAS test device, which have been known to be inherently unreliable; but because of some hard lobbying by the manufacturers of these breath test devices, they are now being used for evidentiary purposes.
 
These portable evidentiary breath testing devices are not equipped with mouth alcohol detectors and are not ethanol or alcohol specific; thus, the opportunity for false positive and/or falsely elevated readings is not uncommon.
 
An Orange County DUI Attorney can thoroughly examine the evidence relating to the device used to test your breath on the night of your DUI arrest to determine whether any legal and/or factual defenses exist that could result in a dismissal of the DUI charges.

Click here to learn more about Breath Testing Defenses in Orange County

DUI MEDICAL DEFENSES

There are numerous medical issues that could have an impact on your case. The defenses set forth below are not intended to be a complete or definitive list of medical defenses; but they do shed some light on some of the things we look at to determine whether there were any irregularities in your case that would lead to the conclusion that what the officer believed was impairment was actually a medical condition masquerading as impairment.

GASTRIC REFLUX DISEASE (G.E.R.D.)

 
Gastric Reflux Disease, or GERD, is another commonly used defense to a DUI charge.  The viability of this defense often hinges on one being able to show that they had GERD prior to the date of the offense.  GERD has a tendency to cause errors in breath testing based on the fact that GERD causes one to bring up alcohol from the stomach, which is then pushed through the breath test device causing an elevated breath test reading.
 
With the assistance of your treating physician, an Orange County DUI Attorney can determine whether your GERD may have had an impact on your breath test results.
 
PERIODONTAL DISEASE
 
Another commonly used defense is the presence of what is often-called "mouth alcohol" based on problems with one's gums (periodontal disease) or pockets in one's mouth, like those brought about by problems with one's dentures or faulty bridge work or some other periodontal issue. 

With the assistance of your treating physician, an Orange County DUI Defense Attorney can can determine if your periodontal disease may have had an impact on your breath test results.

DIABETES
 
Diabetes, and the issues that arise as a result of diabetes, are another common defense to a DUI charge.  The viability of the defense depends on a variety of factors.  A diabetic with low blood sugar may exhibit symptoms that mimic that a person under the influence and a diabetic with high blood sugar may cause a breath test to over-report that person's true blood alcohol level.  Diabetes is a complicated disease and the defenses associated with it are equally complicated.
 
With the assistance of your treating physician, an Orange County DUI Attorney can determine if your diabetes may have had an impact on your breath test results.
 
INNER EAR INFECTIONS & VERTIGO
 
Inner ear infections, and/or other medical issues that may have an affect on a person's equilibrium, are yet another example of commonly used DUI defenses.  When a person has an inner ear infection, or some other condition that may affect the person's ability to balance, such as vertigo, it may make a DUI suspect appear as though he/she is impaired when he/she may not be.
 
With the assistance of your treating physician, an Orange County DUI Lawyer can determine whether your inner ear infection or vertigo may have had an impact on your ability to perform the field sobriety tests.
 
BACK, LEG & HIP INJURIES
 
Problems with a DUI suspect's back, legs and/or hips, may cause the suspect to appear as though he/she is impaired when he/she may not be.  The National Highway Traffic Safety Administration has indicated in several of its official publications that such medical conditions may affect a DUI suspect's ability to properly perform the field sobriety tests and could lead to false arrests.
 
An Orange County DUI Defense Attorney can determine whether your injuries may have had an impact on your ability to perform the field sobriety tests.


DUI GENDER DEFENSES: DUI ISSUES FOR WOMEN

Another medical defense that often arises concerns women and the issues associated with menstrual periods.  During these times, or when a women is menopausal, women may have elevated temperatures, which may result in an over-reported breath test result.
 
Women also metabolize alcohol differently than men.  It is not uncommon for women to achieve higher blood alcohol levels as a result.  Not surprisingly, field sobriety tests and breath testing devices are predicated on male physiology.  These physiological differences between men and women may cause differences in a woman's ability to perform the field sobriety tests and may also cause breath alcohol test readings to over-report under certain conditions.

Click here to learn about DUI Issues & Women


ORANGE COUNTY DUI DEFENSE ATTORNEYS

There are other defenses that an Orange County DUI Attorney may pursue and can be of great assistance in determining whether to accept a plea or push the case for a pretrial motion, motions-in-limine, and/or a jury trial.

DIRECTIONS TO PETER F. IOCONA - ATTORNEY AT LAW IN LAGUNA HILLS
























Orange County DUI Lawyer
22982 La Cadena Drive #239 Laguna Hills, CA 92653 US
Phone: 949-305-0343 Website: http://www.oc-duilawyer.com/Orange-County-DUI-Defenses.html


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