Barry T Simons

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Barry Simons leads a team of dedicated professionals who have litigated thousands of DUI cases in Courtrooms throughout Southern California and before the DMV. They have taught and written extensively on the law and science of DUI and collectively represent the most respected and recognized leaders in DUI Defense. The team is made up of (4) lawyers, specially trained Paralegals and Investigators and includes in-house forensic scientist, Ronald Moore, the former Orange County Crime Lab Supervisor, who is factory certified on the Alco-Sensor IV-XL, the breath test device used in Orange County.

Barry is a nationally known expert in DUI Defense who has spent over 35 years fighting for drivers' rights in Orange County's Courts. He is a Founding Member, Fellow and the former Dean of the National College for DUI Defense. He is one of only 5 attorneys in the State of California to hold Board Certification in DUI Defense under standards certified by the American Bar Association. He has served as Vice-Chair of the DUI Advocacy Comm. of the National Assn. of Criminal Defense Attorneys. He is currently on the Bd. Of Directors of the California Association of DUI Lawyers and has qualified as a Specialist Member. He is rated "Preeminent" by Martindale-Hubbell and has been selected to "Who's Who In American Law".
Barry has been awarded the coveted peer review rating of AV ("very high to preeminent" in legal ability and ethics) by the Martindale-Hubbell International Law Directory. A lawyer must be admitted to the bar for 10 years or more to receive an AV® rating. In 2010 he was selected a Superlawyer in DUI Defense for Southern California and was listed as a top rated DUI Lawyer by OC Metro Magazine. Barry also is rated 10.0/10.0 in DUI Defense (The Highest Rating) from AVVO Lawyer rating service.

Barry has also been a leader in challenging the DMV with Writs and Appeals. In 1998 he established relaxed standards required at DMV Hearings to challenge alcohol-testing procedures in DUI Cases. (Robertson v Zolin) In 1999 he forced the D.M.V. to announce that they would cancel 4,700 drunk driving suspensions after exposing the OC Crime Lab's use of unapproved breath testing machines (Trautman v DMV). In 2002 he exposed the O.C. Crime Lab's use of unapproved Blood Testing methods between 1996 - 2002 (Bite v Gourley) invalidating blood test suspensions for all of his clients during that entire period.
He followed in 2003 with Baker v Gourley which established the rule that DMV can't rely on police opinions of intoxication to suspend drivers' licenses. His class action suit against the entire Irvine Police Department for failing to give DUI arrestees a choice between blood/breath and urine tests resulted in the decision in Nelson v. City of Irvine in the Federal Ninth Circuit Court of Appeals, which was upheld by the U.S. Supreme Court. In that case he established for the first time that an arrestee has a constitutional right to choose a breath test and that the police cannot compel a blood test from a driver who wants a breath test, except under unusual circumstances. He has co-authored Amicus Curiae Briefs for the United States Supreme Court in the cases of Illinois v. Lidster challenging police use of "Roadblocks" and Stogner v. California which successfully challenged extending time barred criminal prosecutions.
Barry has presented his cases and lectured at seminars for DUI attorneys throughout the US on subjects including scientific evidence, legal motions, DMV practice and procedure and the interstate implications of DUI license suspensions. His drunk driving cases include successful challenges in both trial and appellate courts to DUI Roadblocks, Preliminary Alcohol Screening Devices, DMV procedures and practices and refusals to take chemical tests. He is a "Co-Author" to California Drunk Driving Law, the "Bible" of DUI Defense.

Author of California Drunk Driving Law, which is recognized by thousands of California attorneys and judges as "The Bible of Drunk Driving Defense"™

Halloween Roving DUI Saturation Patrols Scheduled for Costa Mesa, Cypress, Garden Grove, Irvine, La Palma & South Orange County Cities
Press Release: New IID-Restricted License Eligibility Law Includes DUI Offenders with Violation Dates Prior to July 1, 2010
Roving DUI Patrols Scheduled for Lake Forest, Mission Viejo & Rancho Santa Margarita This Weekend

Hire Experienced Orange County DUI Lawyers
If you have been charged with Driving Under the Influence in Orange County and are in need of excellent representation, we can offer the DUI defense you deserve. Our firm of dedicated attorneys offers decades of experience in successfully defending DUI cases throughout the County of Orange. We not only know the law, but write the book "California Drunk Driving Law"

The Law Offices of Barry T. Simons is a well respected, full service, highly qualified and professional Orange County, California DUI Defense Team. We are dedicated to the aggressive representation and defense of those accused of driving under the influence of alcohol and/or drugs. Our mission is to provide highly competent and professional DUI defense. We will aggressively analyze, review and address all of the legal, factual, and scientific issues and defenses that may arise in your case.
Our sole mission is to provide highly competent and professional DUI defense. Our firm consists of five specially trained DUI defense attorneys who work together to provide you with full and competent representation. All of the defense attorneys on our team are members of, or have graduated from, the National College for DUI Defense.
Four of the DUI defense attorneys in our firm have been teachers and lecturers at seminars and conferences that educate other attorneys on the unique aspects of DUI defense.Our DUI defense team is anchored by Attorney Ronald Moore, who has served as the Supervising Forensic Scientist of the Orange County Sheriff's Department Crime Laboratory Mr. Moore is the only DUI Defense Attorney in California who was Board Certified by the American Board of Criminalistics. Mr. Moore brings his unique scientific knowledge and insight to the analysis of the legal and forensic issues that are presented in the cases handled by our firm. His knowledge of the science in DUI cases and the inner workings of the crime lab create opportunities for creative defenses in DUI cases in Orange County.
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Your Orange County DUI Attorney can Provide Winning Medical Defense
The government's experts and machines assume that all persons are the same; but if you suffer from any one of hundreds of medical conditions you may not be a proper candidate for the field sobriety tests that the officer administered to you or the breath or blood tests that you were compelled to take. Our firm has a library of over 2000 scientific and medical articles relating to defenses in DUI cases which we use to determine whether conditions ranging from gum disease to attention deficit disorder may provide an effective defense to DUI. It is therefore important that you find out from a DUI Specialist whether your medical condition can count in your favor in your DUI case. Some simple conditions such as the flu and/or being tested during your menstrual cycle may cause breath testing devices used in Orange County to give false readings. Some conditions such as diabetes or low sodium levels can cause a person to appear intoxicated in the total absence of either alcohol or drugs. The Law Office of Barry Simons can provide you with a detailed medical questionnaire to fill out which will help to determine if you have any medical conditions which can assist you in successfully defending your DUI case.

Orange County's Recognized Leader in DUI Drug Cases
While DUI cases involving alcohol and legal prescription drugs often go well when using skilled attorneys, DUI cases involving illegal substances can be trickier to defend and it is thus imperative that your attorney is experienced in this area if you have been charged with driving under the influence of drugs. We offer specialization in this area and your defense attorney may be able to challenge the legality of the way in which you were tested with success.

Find an Orange County DUI Attorney for Prior Conviction Cases
If you are charged with a first offense DUI, you stand a good chance of being handed a more lenient judgment. If, however, you have been previously convicted of DUI, it is probable that the prosecution will take a tougher stance and you will be subjected to much more severe consequences, including long term multi-year drivers' license suspensions and mandatory jail time. We have experience in finding alternatives to actual incarceration in the jails of Orange County. We handle the full spectrum of possible DUI cases, from first-time charges to prior conviction cases, as well as cases involving manslaughter or murder charges. The graver the charges, the more important it is to use an attorney who is well-versed in DUI law.

An Orange County DUI Lawyer and Women's Issues Defenses
If you are a woman, there are various biological defenses which can be used in your defense. Women tend to have blood alcohol levels that can read higher than those of men who have consumed exactly the same quantity of alcohol due to differences in the rate at which the body metabolizes alcohol and the manner in which hormonal changes effect the way in which the body processes alcohol.

Your Orange County DUI Defense Attorney can Challenge Field Sobriety Tests
If you were subjected to a Field Sobriety Test upon being stopped by an officer there are a number of ways in which this can be challenged by your Orange County DUI Defense Attorney. Because Field Sobriety Tests do not produce any kind of scientific data, and are often conducted erroneously by officers who have not been sufficiently trained in conducting these tests, this can be a strong component of your defense. Those who are physically disabled may also be unable to perform these tests for reasons other than sobriety. Our Firm's DUI Lawyers have been specially trained on how to conduct field sobriety tests and examinations and have lectured and taught other lawyers on how to challenge these non-scientific field coordination tests.

An Experienced OC DUI Lawyer can assist with Out-of-State Licensing Issues
If you are an out of state resident and are charged with DUI in the state of California, there are a number of details of which you need to be informed. One is that if your privilege to drive is suspended in the State of California, you will not necessarily be able to keep your driver's license privileges in your home state. With the careful intervention of a skilled DUI lawyer, you may be able to keep your driver's license in your home state. A lawyer who is knowledgeable about issues concerning out-of-state residents can provide you with specialized representation in this regard.

Your Orange County DUI Attorney can create Defenses That Work
There are certain defenses which have been known to work in a large percentage of cases. For example, if your attorney can establish that the officer in question did not comply with the California Code of Regulations when you were pulled over, this can help you to avoid a driver's license suspension or even a conviction. Other winning defenses include those in which your OC DUI attorney is able to convince the court that you were denied your statutory right to a chemical test of your choice.

A Skilled OC DUI Defense Attorney can Question Breath Testing
There are various ways in which breath testing can be called into question in your trial. There may be an assumption on the part of test conductor that the equipment was working properly and had been properly calibrated. Breath tests generally assume that the person being tested has a specific breath temperature and a person who has a higher body temperature due to fever or being seated in a heated car can produce a false elevated reading. Your OC DUI defense attorney can consider all of the common defenses to see if any of them fit your DUI case. Having the former Supervising Forensic Scientist of the Orange County Sheriff's Crime Lab's Forensic Alcohol Program as your DUI Lawyer in Orange County can increase your chances of successfully challenging the results of the breath test and avoiding the driver's license suspension or a conviction for driving under the influence.

Call Your Prospective Orange County DUI Attorney for a Free Consultation
If you have been arrested for DUI and are in need of legal advice, you can call us for a free consultation at: 949-497-1729, or you can complete the confidential contact form provided in this website to schedule your free consultation. Please remember, however, that you cannot delay as the Temporary License that you got at the time of your release from jail in place of your real Driver's License has a HIDDEN TIME BOMB. You must contact the DMV within 10-days of the date of your arrest to request a hearing to contest the suspension of your driver's license. If you make a timely request, the suspension of your license will be stayed until the final determination of your case by the DMV.