Driving is always dangerous, even
when you’re sober and fully aware. That’s why driving under the influence (DUI)
laws exist. These laws prevent the driving or operating of a vehicle after
consuming alcohol or impairing drugs, which put other users of the road at
risk.
In Orange County, California, a person can be
charged with a DUI if they are found to:
•
Have a blood alcohol content (BAC)
of 0.08% or more.
•
Be under the influence of any
drug.
•
Any combination of the two.
Note that drugs include prescription
medication as well.
While these laws serve as a
necessary precaution for the general public, they are strict. In the State of
California, being arrested under DUI charges could mean jail time, fines and
the revoking of your driver’s license.
The penalties for each DUI offence can differ based on whether
children were in the car, having an overly high BAC, a collision being involved
or possible injuries and fatalities. Each subsequent DUI charge also means a
more severe punishment than the last.
While most general cases of DUI are classified as misdemeanors,
they still result in jail time and fines. If you’re convicted of a felony DUI,
the penalties are far more severe. The 5th repeated DUI offence will
automatically be considered a felony, as are DUI cases involving injury to
another person.
What if I’m Charged With a DUI?
If you’re arrested for driving
under the influence, you’ll be subject to the court system to determine whether
you’re guilty or innocent. You’ll undergo two hearings, the Department of Motor
Vehicles (DMV) hearing for your driver’s license and a court hearing for the
criminal charge.
Pleading guilty might seem tempting, especially if it’s your first
DUI offence, but having a criminal record is something you’d do well to avoid.
You not only lose your driver’s licence, but you also run the risk of losing
your job and livelihood. The court does allow you to represent yourself, but
the ins and outs of court procedures can be daunting to the non-legally-trained
public.
That’s where an experienced DUI lawyer comes in. DUI counsel are
familiar with the intricacies of the legal system, and can assist you
throughout your case. Even if you’re not sure about hiring a DUI attorney, most
firms provide free case evaluations, letting you know how hiring a DUI attorney
can help, whether by mitigating the penalties or by acting as a middleman
between you and the prosecution.
Having a DUI lawyer means that you have a fighting chance, and
you’ll always know what comes next. For example, most people might not realise
that the DMV hearing needs to be held within 10 days of receiving the Notice of
Suspension during the arrest. Having an attorney means you’ll always be
well-informed, and never caught off guard.
Even if your license gets suspended after the DMV case, a DUI
attorney will guide you through the process of applying for a restricted
license or getting an ignition interlock device (IID) installed as soon as
possible, ensuring you’ll still be able to drive with minimal limitations.
If you or your loved ones need professional legal DUI counsel,
contact us at Miller & Associates for a free case consultation. Experience
matters in the business, and we’re proud to say that our team has a long list
of successful case results to back us up. We’ll fight for your rights, and do
our best to get you the best possible results.
