Buena Park, Orange County - A man was arrested early Thursday for alleged DUI in Buena Park after he apparently lost control of his pickup truck and drove it into a swimming pool.
Police say the suspect dropped his iPhone, leaned over to grab it, bumped his knee with the steering wheel and lost control of the truck, which went through a brick wall and into a swimming pool.
The driver wasn't hurt and police conducted a DUI test.
Santa Ana criminal attorney Michael L. Guisti explains that since nobody else was hurt the suspect won't be charged with any other crime other than DUI.
Now had the pickup truck hit the house and injured somebody the suspect could have faced a more serious charge of DUI with injury, or if somebody was killed he could have faced vehicular manslaughter charges, according to Guisti.
There is always the question of whether or not the driver really was DUI at the time of the accident, says Guisti.
An experienced DUI defense attorney will cross-examine the police officer as to whether he first asked the driver if he had physical impairments that would make it difficult to perform the tests, especially after being in an accident, says Guisti. The defense attorney, Guisti goes on to say, needs to point out to the jury that many of them would have similar difficulties performing these same tests, even under the most optimal circumstances.
Being arrested for DUI doesn't automatically make you guilty of DUI and if you've been involved in an accident it may be difficult to properly perform a DUI test, which could easily result in a false DUI test result, says Guisti.
If you've been arrested for drunk driving you need to call the Orange County DUI attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.
