DUI - What is going to happen to me, what are the penalties?

The laws regarding DUI have changed to slowly become harsher, and easier to prove from prosecutors in court, year by year for decades.  Prosecutors focus on the punishments, to deter others from violating the rules, and to show that those that are accused are being dealt with harshly for a societal ill.

Sentencing and punishment are the threats that we have to face whenever a law is proven to have been broken. Some punishments cost money, for others its time, or work and effort to satisfy the court, and with a DUI, the DMV regarding driving privileges.

Committing the act of DUI has penalties that are meant to equal the offense society takes towards drunk drivers. The majority of the people who are arrested for DUI do not intend to break the law; they are just out to have a good time with their friends.

Orange County courts, and OC prosecutors, through the District Attorney’s office, takes drunk driving very seriously when it comes to enforcing DUI. Once you are convicted of DUI anywhere, it's there for years. A second offense within ten years can be charged as a DUI with a prior, and insurance companies can raise your premiums and rates for three years. 

While you may expunge a conviction at the end of probation, you cannot remove the conviction from your driving record. This can impact your life in multiple ways. Of course, the legal implications of a DUI charge can be a nightmare.

It is very important that you hire an efficient orange county criminal lawyer that can help untangle the legal web and minimize those consequences so that you can put the past behind you and look forward to a sober future behind the wheel.

Here are DUI penalties that most often than not, can result in a long-term negative effect on our lives.

License Suspension

The DMV gives you an opportunity to challenge the automatic license suspension, but only gives you a short ten day time period to request a hearing to avoid that suspension. The amount of any DMV license suspension varies depending on whether or not there was a refusal, or any priors.

For a first offense, with no other factors, if you get convicted of DUI in Orange County, you will have your license suspended for four months. If you are alleged to have refused a chemical test, and if the DMV can prove the refusal, then you can expect a license suspension of 1 year. The DMV will grant a restricted license, which allows driving for work purposes, if you take certain steps.

The Costs of a DUI: Fines and Fees

A drunk driving conviction is expensive, in a number of ways.  Paying large fines to the court (which allows you to pay in payments, or work off the amounts through community service), is only one part of the many penalties. Add in the costs of an alcohol school, the potential loss of employment, insurance increases and ignition interlock devices and other costs and you will find the monetary amounts rise rapidly.

Car Impoundment

Even if you do get to keep your job, how are you going to get there without a vehicle? Having your car impounded is rare, but if you had a suspended license at the time, it can be another inconvenience to you and your family. It will also mean having to spend even more money to get to work, unless you have a friend that can drive you back and forth every single day.

Community Service / CalTrans

This DUI penalty will give you the opportunity to impress friends and family. No, not really, your community service may involve you picking up trash on the highway. Not glamorous, not fun, but undoubtedly humbling and a great opportunity for a person to think about their DUI.

DUI School

You will also probably get another chance to go to school – Alcohol School. The length of the alcohol school usually depends on your alcohol level at the time of your testing or arrest.  The alcohol program for a first-time offender is three months, six months, or nine months for alcohol levels at or above .20% or refusal cases.

Ignition Interlock Device (IID) Installment

An ignition interlock is not normally required for Orange County DUI cases.  To earn this penalty, you either have multiple offenses, or are facing a Los Angeles County DUI. (Although note that starting in 2019, an IID will be required for all DUIs). An interlock device is placed on your car's ignition and will not allow you to start the car unless you are sober.

Probation

Being convicted of a DUI comes with mandatory probation of three years or more. You not have to meet a probation officer, but you are on special status – you cannot get another misdemeanor or felony, and you cannot drive with any alcohol in your system until you are off probation.

Jail Time

Nobody wants to end up in jail, but depending on the circumstances of your DUI, jail time could be a possibility. This is one of the worst DUI penalties in my opinion, and one that most want to avoid.  Jail time is only mandatory for a second time (or higher) DUI, but with accidents, a hit and run, multiple suspended license violations, jail could be a possibility.  There are alternative sentencing options that will keep you out of jail, however.

Other Issues with a DUI

Not only will you pay fines, lose your DUI license, go to DUI school, etc., but a DUI will impact your life in many other ways as well. You will carry around the DUI stigma. You may lose your job. Your car insurance will go up. Your credit may be hurt and depending on the circumstances of your case; you may lose the right to own a firearm.

Driving Under the Influence Orange County Attorneys

DUI, or driving under the influence, is often referred as drunk driving. It is a crime, and any person found guilty of DUI can be charged with various penalties ranging from monetary charges up to imprisonment depending upon the facts involved in the case, and if there are any priors. California law has a minimum and maximum for DUI cases, but among counties, the procedures and punishment varies.  Among the harshest for DUI punishment is Orange County. If you are facing a DUI in any Orange County court, having an attorney who can help in offering legal assistance and support can greatly help you to come out of your case with minimal punishment.

As a criminal offense, a DUI conviction could put you behind bars for a prolonged period of time, although that is rare for first time offenders. As a criminal act,even a first time DUI can cause you to face up to six months in jail maximum. DUI Attorneys who specialize in handling DUI cases in Orange County can help, and the experience handling similar cases can cause you to be way ahead of others in terms of punishment or even avoiding a conviction.

Lawyers and attorneys specializing in DUI cases do not encourage the act of driving while under the influence of liquor or other drugs, but are experienced in analyzing whether the prosecution can even prove the case. In Orange County, almost every day, numerous drivers are found guilty of driving under the influence. Most of the cases that are dismissed, or reduced, from a DUI conviction, did so with the assistance of an Orange County DUI attorney.

Police officers have no right to arrest you if you are driving without any violation of the law. The requirement of probable cause means that they must have a solid basis before they stop you and interrogate you. At first, if they notice that you are driving carelessly on a public road, or violate any traffic laws, they could investigate further. Once they have probable cause to arrest, they may test your breath or blood alcohol level to determine the amount of alcohol in your body.

Just to be clear, driving alone will not make you a violator of the law, unless if you havespecific traffic violations that lead to a suspicion of DUI. Most often, police officers are given a tip via phone call that you are driving under the influence, and the probable cause may be what the independent witness saw as far as driving.

Even with probable cause, a blood test, or breath test, is required for evidence showing DUI. Before any test, the arresting police officer will interrogate you and if he or she detects any signs of intoxication, such as an odor of alcohol, slurred speech, or red watery eyes, he or she will ask you to take a specific breath or blood test. Blood tests, and breath tests, are not always accurate, and are required to be strictly calibrated, and maintained, or the test cannot be used in court.

You know already that drunk driving or driving under the influence of alcohol or drugs can lead to severe consequences. As I mentioned earlier, this considered by Orange County courts and Orange County prosecutors as a serious crime, for which they have zero tolerance. That is why you need legal counsel who is able to defend you in the court, educate you, and guide you through what can be done, and how to get out of this with no punishment, reduced punishment, or minimal punishment. Participating in your defense requires you to have an understanding of some basics of this field of law, as it is likely that you have never faced a DUI before now.

Always remember that you have a right to defend yourself in the court.Being arrested without any probable cause, being forced to perform field sobriety tests without a clear indication that you had been drinking and having tests without a properly maintained or calibrated breath or blood measuring device is improper in all cases.

Today, a DUI is not considered something worth simply dismissing without legal reasons – it is a criminal offense punishable by possible jail time. Drivers can refuse to take any testing if they are pulled over for DUI, but, in most states, they lose their license for a year if they refuse to submit to an penitentiary test for alcohol. In Orange County, those who have been convicted of a DUI for the first time do not have to install a device in their car that they must blow into before starting the car. But they do have fairly strict probation terms for all DUI cases in Orange County.

Drivers who are under the influence and cause a fatal accident are charged with a felony, sometimes up to murder, and run the risk of being charged and carry a massive prison term. No longer does someone get away with "sleeping it off" and paying a small fine when they are found guilty of drinking and driving in Orange County. To avoid all these penalties and even more harsh long-term consequences, consult a DUI attorney in Orange County.

What You Need to Know About An Orange County DUI

Although virtually every state has strict laws to deal with people who drive under the influence, people still drink and drive every day. Different states have varying penalties for DUI offenses. With the dangers posed by driving under the influence, it is easy to understand why some states have very strict penalties even for first time offenders. In Orange County, California, a DUI charge can result in jail time, hefty fines, probation and license suspension.

A DUI is a serious charge, especially in cases where it may have led to an accident. So, if you are facing the charges, you might want to find a good lawyer because it’s not a good position to be in. Although there are government appointed lawyers, it is advisable that you hire a lawyer of your own. You want the best lawyer in your case with so much at stake. Generally, upon a sentencing to a DUI, you’ll most likely receive some category of criminal conviction such as a fine, community service or even a jail term. Also, your driver’s license will most likely be revoked or suspended for some period of time. This will be-determined by the facts of the offense. However, your lawyer can assist you obtain driving privileges with the provision of obtaining a restricted license to drive from and to work.

A First Time DUI in Orange County: What to expect

Though California classifies a first DUI crime as a misdemeanor, do not underrate the serious repercussions of a first DUI conviction or arrest. When charged with your first DUI, it is ideal that you make sure you understand the obligatory sentence and punishments associated with the nature of DUI charge as well as the long- term effects of a DUI sentence.

Effects of a First DUI Misdemeanor

Whenever people pick up the first time DUI, they usually believe they’ll get probation since it is a first DUI misdeed. In Orange County, first time DUI malefactors are placed on some kind of probation. However, the court can still order a person to serve jail time in any county jails as a prerequisite of your probation. Even for misdemeanor misdeeds, you can still be forced to serve jail time.

However, your history can determine whether you can apply for a hardship license or occupational driver’s license of not. Agreeing to probation for any DUI charge normally includes a substantial fine, probation fees, urinalysis fees and court costs. You will be required also to attend and finish alcohol and drug counseling as well as community service hours.

Punishment for a DUI

As we’ve seen, your first DUI charge will most likely be taken as a misdemeanor offense, and you’ll be punished with license suspension, community service, fines and possible probation.

However, there are some factors which can change the nature or level of your charges and result in enhanced penalties or sentences. For instance, if you’ve got an open container in your car, you may be charged still with a misdemeanor. However, your mandatory jail sentence or fine could be increased. In case a kid under age 14 was present in the car while you were driving, Orange County will raise your misdemeanor charge by filing child endangerment charges, or a sentencing enhancement, such that it becomes a more serious conviction, even if you’venever in your life had a previous drunk driving sentence.

In addition to the criminal element of DUI, every DUI has an administrative nature which can just be as hectic as the charge itself. For instance, because the DMV acts separately, before you’re convicted, the State of California can suspend your license automatically if you refuse a breath test or blood test, have a breath or blood level above an .08% alcohol level, or fail to request a hearing at all.

Long- Term Effects of Multiple DUI Convictions

Definitely the most essential aspect of your first DUI offense areavoiding as many of the long- term effects as possible. If you’re placed on probation but unfortunately you do notreceive a final sentence because your conviction was deferred or suspended, you should know that your conviction can still be used later against you, as it remains on your record.

If your record indicates that you have three or more prior DUI arrests, then a DUI offense can be raised to a felony level conviction. Don’t assume that just since your state will consider your charge a misdemeanor that any other state you’re visiting will also do the same.

Situations that May Make You Require a DUI Lawyer in Orange County, California

Impaired or drunk driving is an offense that is taken seriously by judges, due to the fact that it risks the lives of other motorists. This makes the stakes of any DUI case to be quite high. Most people convicted of a DUI offense in California often lose their license for a specific time period, in rare cases will serve a jail sentence, or pay hefty fees and fines to a number of different agencies. Even if the DUI attorney is not able to dismiss the case, he/ she can make it possible to minimize the sentence as much as possible.

Getting Assistance from a DUI Lawyer

Even a first time DUI arrest can still have a lingering effect on your employment opportunities, finances, driving privileges, and criminal history. Make sure that you do not ignore a DUI charge simply because it is your first time DUI offense. Act quickly to consult with any reliable DUI lawyer in your area, who can assist you tackle the numerous issues associated with your driving under the influence charge. Be assured that with a little research on your part, you will be able to secure the best Orange County DUI attorneys.

Advantages of Hiring a DUI Attorney

The first benefit to you that is associated with a reliable DUI attorney in Orange County is that he or she knows the important legal standards and/ or rules (and local court procedures and/or customs) in-depth for prosecution of a person driving while under the influence of alcohol, or drugs.

Despite the fact that a family attorney can easily draft pleadings, he/ she may not be well versed with latest necessities for breath tests, sobriety check points, blood draws, or field sobriety tests. There are defenses unique to DUI cases that even other attorneys are not aware of.

A reputable DUI attorney in Orange County will definitely present your case more persuasively and effectively than you can.

Conclusion – Why Hire the Best?

If you are in Orange County, California, and are facing a DUI, do not compromise your case with a person that is less qualified. You need a person who is not only an expert but also has a proven track record of successfully defending DUI cases.

Arrested for DUI? Here's What You Should Know

As a lawyer specializing in DUI cases in Orange County, California, I see people from all walks of life in what may be their darkest moments. DUI is a serious offense that thousands of people are arrested for every year.

Many DUIs stem from a lapse of judgment and one drink too many. While you may not have intended to cause any harm, the potential was there, and it's better for your sake that you were taken off the street for the night. The next day, however, once you've sobered up and come to the realization of what you’re up against, fear, panic, and uncertainty can quickly set in.

In this article, I’ll discuss a brief overview that I give all of my first-time clients when facing their first DUI arrest. I won’t sugarcoat anything, but I will provide you with the essential non-legalese information you need to know as you prepare to fight the case.

 (Note: Although many of these tips and facts are applicable across the U.S., some of my advice in this guide is specific to my area of operation, Orange County, California.)

First Step: Come to Grips with the Situation

Being arrested, thrown into a holding cell and awaiting trial can be a frightening experience for first-time offenders. The most important thing you can do is remain calm, and think strategically about your defense. Panicking and doing or saying anything erratic while awaiting your court date will only hurt, not help.

Next: Call the California DMV Immediately

While courts will hand down the final sentence regarding fines, jail terms, etc. the DMV is solely responsible for the validity of your driver's license. The California DMV gives ten days (including weekends) to request a Stay and a Hearing before it automatically suspends your license.

For those unfamiliar here are some quick definitions:

Stay: This allows you to continue driving after the temporary 30-day pink slip expires, meaning you can keep driving until the date of your hearing (typically 1-3 months after the arrest).

Hearing: This is your opportunity to present your case to try to prevent the DMV from suspending your driver’s license.

Seek Legal Council

In case you haven't already, you need to speak to a lawyer if you want any chance of beating the case. Around the country, especially in Orange County, prosecutors are notoriously harsh on DUI defendants and will stop at nothing to try and add another DUI conviction to their record. Defending against their tactics is extremely difficult without prior legal knowledge or a good lawyer in your corner.

A DUI attorney will be able to adequately collect necessary evidence that will help your case and will be able to develop winning arguments that shed light into your character, career, or other personal traits that make jurors see you as a person, not just another criminal that needs to be locked up.

First Offense vs. Repeat Offenders

As you can imagine, repeat DUI offenders can expect to face harsher penalties and prosecutors and juries are less likely to give the benefit of the doubt like they would for people with no criminal record.

Now that you’ve contacted the DMV and hired a lawyer, here’s what you’ll be up against:

Maximum Penalties

If convicted of DUI in Orange County, you could potentially face the following maximum consequences:

·         Up to six months in jail

·         Mandatory alcohol education

·         $5,000 in fines, fees, and legal costs

These penalties are not to be taken lightly which is why it is crucial that you take your case seriously and solicit legal representation if possible.

Additionally, you could face more severe consequences depending on the nature of the arrest. Expect to be up against even harsher sentences if any of the following are true of your case:

·         A blood alcohol content (BAC) of .15% or greater

·         The DUI involved an accident even if there were no injuries

·         There was a minor in the car at the time of arrest

·         You are accused of speeding while driving under the influence

·         You are on probation for another case or have a prior DUI charge within the last ten years.

Minimum Penalties

For first-time offenders without any previous convictions, there is some good news. Most of the time, you will be given the minimum penalties if you are convicted and show remorse for your mistake. These are the minimum penalties for DUI in California:

·         Three years of probation

·         Mandatory alcohol education

·         Fines and legal fees that total around $1900.

As you can see, the minimum penalties aren't as severe as the maximum, so it's important to keep that in mind as you move forward in your case. However, you will now have a criminal record so acquittal should be your priority.

Hopefully, this guide has cleared some things up for you and given you hope for your case. If you have been recently arrested for DUI in Orange County, feel free to visit my website for information on my services, qualifications, and how I can defend your case.