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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