What should I do after a DUI arrest?
- Call a local and experienced DUI attorney.
- Do not speak with or give statements to the police or district attorney’s office without a lawyer present.
- Ask for a lawyer if you are still on the scene without being combative.
- Call the DMV within 10 days to request your administrative per se hearing or there will be a suspension of your license. We can assist you with setting up the Administrative Per Se hearing at DMV and representing you on that hearing.
- Get SR22 insurance.
DUI charges are usually a misdemeanor, but they can have devastating consequences for your employment, school, or immigration situations. Do not take a chance–hire an experienced DUI lawyer in Orange County to handle your matter.
California Misdemeanor DUI can be charged in different ways via Vehicle Code 23152:
VC 23152(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle
VC 23152(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle
23152(e) It is unlawful for a person who is under the influence of any drug to drive a vehicle
23152(f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle
In most instances, both VC 23152(a) and (b) will be charged. Even though there is only one act, the law states that a defendant charged with drunk driving can be convicted of both offenses — but can only be punished for one. The punishments are the same.
You should be cognizant of certain legal rights you have — rights that are commonly ignored by the police
- There must be legally sufficient facts to constitute “probable cause” to stop, detain and arrest you.
- You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
- Once arrested, you must be advised of your constitutional rights — the “Miranda” warning — before any further questioning takes place.
- You must be given a choice of breath or blood test; if you refuse, you must be advised of the legal consequences (the “implied consent” advisement).
- The breath or blood chemical test which you cannot refuse is after the arrest. This is not the Preliminary Alcohol Screening (PAS) test!
Can I refuse the PAS test or Field Sobriety Test? YES!
- PAS test is the Preliminary Alcohol Screening test offered on the field–this an OPTIONAL test and it is usually done before an arrest and before the reading of your Miranda rights (the right to remain silent and right to have an attorney present).
- The FST (Field Sobriety Test) is also an OPTIONAL test!
What makes a DUI charge become a felony?
Most DUI’s in Orange County, California are charged as misdemeanors. However, you can be charged with a Felony DUI under these circumstances
- Third DUI offense within 10 years.
- Your DUI had aggravated circumstances.
- You have a prior felony DUI conviction (regardless of the timeline).
- Your DUI caused an accident resulting in serious injuries.
- Your DUI caused someone’s death.
Such charges are serious and require lengthy jail or prison sentences. As a DUI attorney with offices in Garden Grove and Seal Beach, we can help to lessen the seriousness of the charge.
DUI and Immigrants
Will a DUI cause me to be deported?
While a misdemeanor DUI generally would not cause deportation or removal, being deemed a habitual drunkard can be a cause for such immigration actions. Multiple DUIs can establish one as a drunkard. As a DUI attorney in Orange County working from Garden Grove, we can provide a fast and free consultation.
Further, those with Deferred Action for Childhood Arrivals (DACA) status cannot ever have a DUI arrest or conviction. DACA is extremely strict. If you are a DACA recipient, it is imperative to get an attorney for your DUI charge.
What are the defenses for a DUI in California?
Legal defenses to California driving while intoxicated (“DUI”) charges fall into three categories
- You were not intoxicated.
- Your driving ability was not impaired.
- The officer who arrested you for DUI did not follow proper procedures (two of the biggest procedures are taking too long to conduct DUI testing and not using properly calibrated equipment for breath tests or using proper cleaning supplies for blood draws). A DUI attorney can assist in determining your best defense(s).
DUI Penalties in California
What is the penalty for a DUI?
1st Offense Misdemeanor DUI: Up to 6 months in jail, $390-1000+ in fines. Possible restitutions. 6 months of Ignition Lock Device (the IID is usually not mandatory for a first-time DUI, but with no IID the DMV would suspend the person’s license for 4 months; after 30 days, the defendant could get a restricted license allowing him/her to drive to and from work for 5 months). DUI School 3, 6, or 9 months, depending on Blood Alcohol Concentration (BAC) levels. Possible Mothers Against Drunk Driving (MADD) classes (Riverside County for sure).
For Second, Third, or Fourth DUIs or Felony DUI, please call our office at (714) 321-9999.
Hiring an experienced DUI attorney for DUI arrests in Orange County would make the most sense–I see the same judges and DA’s routinely. I know their style and temperament. A local DUI attorney would be a much better asset than someone not from the area. Do not let an initial mistake become worse. Call me for a DUI consultation today. You will be glad you did.
|Sentence:||Fines/Fees Amount||DUI Classes||IID
(Ignition Interlock Device)
|1st DUI – Misdemeanor||Up to 6 months of jail time at county||Up to $2000||3-9 months||6 months—not always made mandatory for first DUI. DMV forced 4-month restriction can be circumvented with installing IID. Otherwise, a restricted license can be obtained after 30 days.|
|2nd DUI – Misdemeanor||4 days-1year in jail||Up to $2000||18-30 months||1 year of IID. If not IID, two years of license suspension with restricted license only for the second year.|
|3rd DUI – Misdemeanor||5 days-1 year in jail||Up to $2000||30 months||2 years of IID. If not IID, license suspension with be 3 years.|
|1st DUI with Injury
|5 days-1 year in jail||Up to $5000||3, 18 or 30 months||6 months of IID. If not, 1 year of license suspension.|
|1st DUI with Injury
|16 months to 16 years||Up to $5000
|18-30 months||1 year IID|
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