As Newport Beach intoxicated driving criminal defense attorneys, we were interested to read about the DUI charges against an active Orange County Sheriff's Department deputy. Mark Wayne Hewlett of Orange, 30, faces misdemeanor DUI charges as well as one count of unauthorized possession of a controlled substance. According to a March 23 article in the Orange County Register, Hewlett was arrested in mid-December, after he crashed his car into a planter at a private home in Villa Park. That home happens to belong to Orange County Supervisor Bill Campbell, who said the crash caused about $2,000 in damage. Hewlett is currently on full duty status with his department, but an investigation is pending, a spokesperson said.
The Orange County District Attorney's office said Hewlett had just left a friend's home when the crash happened at around 1:45 in the morning of December 13. He had several alcoholic beverages at the home and was intoxicated when he got into the car, the report said. Outside Campbell's home, Hewlett lost control of the vehicle, jumped the curb and drove over the grass into the planter. Sheriff's deputies responding at the scene said Hewlett showed signs of intoxication, including a smell of alcohol, glassy eyes and poor balance. His blood-alcohol concentration was taken at 3:30 a.m. -- an hour and 45 minutes after the crash -- and showed a BAC of 0.13, over the legal limit of 0.08. Police also found him in possession of the antianxiety drug Xanax, for which he did not have a prescription.
We're especially interested in the time delay between the arrest and the test of Hewlett's blood-alcohol concentration. It is not illegal in California to have a BAC over 0.08 while sitting in a police station; it is illegal to have that BAC while driving. As Cypress DUI criminal defense lawyers, we know that it takes some time for alcohol to hit the bloodstream -- exactly how much depends a lot on factors like the person's weight and how much he or she has eaten. That means it's possible for delayed BAC tests to be false positives, showing more intoxication than the driver actually felt while driving. This could be the case with Hewlett, if he had his last drink just before leaving his friend's house. It's also worth noting that Xanax, if it was in his system, increases the effects of alcohol, making the patient more intoxicated than he or she would be with alcohol alone.
Howard Law, P.C. defends people throughout California who are accused of driving under the influence of alcohol or drugs. In our experience as Bellflower drunk driving criminal defense attorneys, many people charged with a DUI assume that they have no good defense if they have a BAC reading over 0.08, and believe they should just plead guilty. This may be the best option in some cases, but we strongly urge drivers to discuss their cases with us at a free consultation before giving up. BAC readings aren't always reliable, and police officers can make mistakes. If we discover problems like an illegal search, a traffic stop without probable cause or mishandling of your BAC test results, we may be able to get the results of the test thrown out, severely undercutting the case against you.
If you're charged with DUI or a related crime in California, don't wait to call Howard Law, P.C. for legal help. To set up a free case evaluation, contact us through our site or call toll-free at 1-800-872-5925 today.
