Monday, 30 April 2018

What You Need To Know About Your DUI Case in Orange County


You had a wonderful night out with friends. After meeting up for the first time in a long while you decided to go catch a movie together. Later, you went to your favorite local bar and took a few glasses of alcohol to wind down the night in style. Probably you should have ordered some food as well, but you were in rush to head back home because it was getting late. You decide
to drive even though you are a little tipsy and unfortunately you get pulled over by cops on your way home. So what happens next? You find yourself arrested and are charged for driving under influence – a DUI. 


So, what happens from there? Do you find and hire a DUI attorney Orange County to help you? Drivers in California are aware that DUI is a criminal offense but may not be aware it is considered to be a serious crime by the courts and prosecutors. Even if it is your first time being arrested for DUI, the consequences of your action can be severe when you end up being charged and jailed and are facing a criminal record. However, it is important to note that not all DUI cases are the same. Here is what you need to know about driving under influence in Orange County.


It can be confusing to understand DUI laws in California.  The zero tolerance attitude towards drunk driving in Orange County can seem especially harsh, if you don’t have the time to research the latest laws or know about DUI defenses.

Even if you have the time to read the DUI legislation on California Vehicle Code, it can be difficult to understand it unless you have been in law school before. Don’t worry because we are going to simplify DUI in California so that you understand the options you have. If it is your first time to be charged with driving under the influence in California, it is not mandatory you have an Ignition Interlock Device installed on your car. This is true unless you come from the following counties: Sacramento, Tulare, Los Angeles and Alameda.


As you all know, an Ignition Interlock Device is a breathalyzer that a driver is required to blow
into before starting the car. In case the analyzed breath alcohol concentration is higher than normal, the Ignition Interlock Device will prevent your car's engine from starting.


Remember when you are arrested because of driving under the influence, you are not required to say anything to the police officers. In case you are asked by the officers if you have been drinking, you are not obligated to answer their question. Just politely refuse to answer their question. If you say anything to the officers, it shall be used against you in a DUI court. When you are arrested for driving under influence you are required to submit a blood, urine or breath test. Failure to do so may result in your driver's license being automatically suspended. However, you can decline to take the optional PAS (preliminary alcohol screening) test that comes before arrest as long as you are 21 years and above and you are not on probation for driving under influence. But if you are arrested and you refuse the test, your license
will be automatically suspended.


In California law it is considered to be unlawful for anyone to drive under influence of drugs or alcohol. You are also not allowed to drive in Orange County if your blood alcohol content (BAC) is 0.08 percent or higher.The legal age that someone is allowed to drink in California is 21 years. If you are caught drinking and driving while you are underage, the DUI penalties will be different, and more severe, from older drivers.

For adults who are charged for driving under influence in California, penalties may include 4 days to 6 months county jail sentence, fine ranging between $390 and $1000, probation for 3 to 5 years, suspension of driver’s license for 1 to 10 months. However, if you are arrested and charged for driving under influence for the first time, it does not mean you will get a jail sentence. You can avoid a jail sentence as long as you did not cause an accident or carried a minor in your car during the time of the offense.Instead you will serve probation for driving under influence.


Orange County courts are tough on offenders who are charged for DUI, which can lead to more severe punishment than you may expect. If you are wondering what the worst penalty would be, you need to talk to a DUI specialist Orange County. The outcome of your DUI case will depend on how your criminal lawyer Orange County negotiates with the prosecutor. When you hire an experienced DUI attorney, he or she will be able to argue your circumstance, character and career as mitigation evidence.In addition, a DUI attorney will outline factual problems and legal defenses to the prosecution. We are confident that our DUI attorney Orange County, Robert Miller, will negotiate your situation with the judge and prosecutor so that your charges are reduced and penalties are minimized.

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