Driving Under the Influence in Orange County 
 

Introduction

Thank you for visiting the Orange County DUI Law Offices of “insert attorney name”. 

Our practice has an emphasis on DUI criminal defenses.  Please take a moment and visit our “Why hire us” page to see what separates us from the other DUI attorneys in and around Orange County.  We will give you the personal attention you need at this stressful time in your life. 

Overview

  • California law prohibits you from driving under the influence of alcohol or drugs to the extent of impairing your mental and motor skills.
  • If your blood alcohol level is 0.08% or higher, you will be arrested for DUI.
  • A DUI can be charged as a misdemeanor offense or a felony crime – depending on the circumstances.
  • If you are arrested in Orange County, you can be released on your own recognizance.
 

Types of DUI

  • Misdemeanor
  • A first-time offense
  • Up to one year in county jail
 
  • Wobblers
  • Most often charged as a felony but can be charged either way
  • An injury involved
 
  • Felony
  • Prior convictions – especially within 10 years
  • Accident that involves an injury
  • A death is caused
  •  
    • Second-degree murder
    • If you acted with implied malice
    • Hard to prove implied malice
  •  
    •  
      • Prior convictions shows that you know the dangers of drunk driving
      • If you plead guilty or no contest, you must admit this knowledge to the court of through a signed admission
      • This is known as a Watson Warning – can be used against you
  •  
    • Vehicular homicide
    • Resulted from ordinary negligence
    • Also known as a wobbler and can be charged is a misdemeanor
    • Manslaughter
    • Resulted due to criminal negligence
 

The Arrest and Next Steps

  • A police officer will pull you over if he has probable cause that you are intoxicated.
  • Erratic driving – weaving, lane changes, driving too slow, a sobriety checkpoint
  • Your appearance – your eyes are bloodshot, your speech is slurred
  • You will be asked to submit to field sobriety tests:
  • A breathalyzer
  • Stand on one leg for about 30 seconds
  • The walk and turn
  • The horizontal gaze Nystagmus – exaggerated eye movement when intoxicated
  • If you do not pass the tests, you will be arrested for DUI and taken to a police station.
  • To do be rude to the officer – be polite.
  • You will be placed in custody for a few hours and then released on your own recognizance - when you are sober.
  • You will be arraigned 48-72 hours after being arrested.
  • You will be required to post bail if you refuse to submit to a chemical test or if an accident with an injury is involved.
  • Next - At the arraignment, you will be advised of the pending charges and you will be read your rights:
  • A right to an attorney
  • A right against self incrimination
  • A right to a jury trial
  • A right to have witnesses
  • A right to receive evidence that is being used against you
  • At this time, you will plead guilty, not guilt or no contest.
  • After the arraignment your attorney can submit pretrial motions:
  • Suppress evidence
  • Any motions involved, including discovery
  • You will be allowed to plead guilty to a lesser charge – our attorneys will advise you on this.
  • A trial date will be scheduled.
 
 

 

DUI Arrest Next Steps

  • A DUI arrest means you have violated California’s
  • Driving under the influence of alcohol and/or drugs law
  • Per Se Laws – your blood alcohol level was .08% or more
  • An arrest in Orange County generates two separate cases:
  •  
    1. A criminal case – in the courtroom
    1. Department of Motor Vehicles case – at a DMV office
 
  • The Criminal Case
  • Prosecutors use the following evidence to build their case:
  •  
    • Field sobriety test results
    • Chemical test results
    • Your driving pattern
  • The prosecutor must prove is case beyond a reasonable doubt
  • The prosecutor must show the jury that you were driving under the influence of alcohol or drugs.
  • The prosecutor must prove that your BAC was .08% or more.
 
  • Orange County Courthouse:
  •  
    • Ronald Reagan Federal Courthouse
  •  

      411 Civic Center Plaza

  •  

      Santa Ana, CA 92701

  •  

      Telephone:  714-338-5300 

  • The DMV Administrative Per Se Hearing
  • You have 10 days to schedule a DMV hearing after your arrest.
  • If you do not, you will risk suspension of your driver’s license.
 
  • The hearing is held in a DMV Driver’s Safety Office, not a local DMV office.
  •  
    • The Orange County Driver Safety Office
  •  

      16735 Von Karman Avenue, Suite 110

  •  

      Orange County, CA 92606

  •  

      Monday, Tuesday, Thursday, and Friday:  8:00a.m. - 5:00p.m.

  •  

      Wednesday:  9:00a.m. – 5:00p.m.

  •  

      Telephone:  949-440-4416 

  • The hearing will consist of reviewing any and all tests that you have taken (sobriety, chemical).
  • If you refused to take any tests, it will be discussed.
  • If you took a chemical test, the following will be reviewed:
  •  
    •  
      • Did the officer have probable cause to stop you?
      • Was the arrest lawful?
      • Did your chemical test show you had a BAC of .08% or more?
 

Possible Defenses

  • Was there probable cause when the police officer stopped you?
  • Were the machines used calibrated correctly?
  • Was the BAC inaccurate because of defective equipment?
  • Did the officer read you your Miranda Rights?
 

Penalties for a DUI

  • DUI is prohibited in California.
  • The penalties are severe - especially if you have prior DUI convictions.
 
  • First Arrest:
  • Jail: 48 hours to 6 months
  • Fines: $1,400 to $1,800
  • License suspension: up to 6 months
  • Probation: 1 to 5 years
 
  • Second Arrest:
  • Jail: 90 days to 1 year
  • Fines: $390 to $1,000
  • License suspension:  up to 24 months
  • Alcohol Program: 18 to 30 months
 
  • Four or More Arrests:
  • Jail:  180 days to 16 months
  • Fines: $390 to $1,000
  • License suspension: up to 48 months
  • This arrest can be charged as a Felony
 
  • If an accident, injury or death is involved:
  • If you cause an accident, injury or death, the penalties will be enhanced.
  • You will be charged with a felony conviction.
  • If death occurs due to your negligence, you can be charged with vehicular manslaughter on top of a DUI.
  • Could face 4 years in a California state prison.