DUI Article

Orange County Criminal Defense Lawyer

In 2007, according to the California Department of Motor Vehicles (DMV), there were more than 200,000 total DUI arrests in California.  Of these arrests, 197,602 arrests were misdemeanor arrests and 6,264 were felony arrests.  Whether charged as misdemeanors or felonies, DUI arrests can lead to significant penalties.  California has strict laws against DUI offenses, and prosecutorial agencies mount aggressive cases against defendants.  If you have been charged with a DUI, you should immediately consult our experienced Orange County criminal defense lawyers.

DUI Laws

California has two principal DUI statutes--Vehicle Code Sections 23152 and 23153.  Vehicle Code Section 23152 makes it unlawful for anyone to operate a vehicle with a blood alcohol level of .08 or above.  Vehicle Code Section 23153, on the other hand, prohibits individuals who are under the influence of alcohol and/or drugs to drive a vehicle and engage in unlawful conduct that causes bodily injury to another person. 

DUI Penalties

Depending on the specific jurisdiction of where the DUI occurred, such as Los Angeles County or Orange County, California, the specific penalties, including length of jail time, probation, and the availability of community service, will vary.  In most circumstances, DUI convictions can lead to imprisonment, fines, DUI school (also known as alcohol education classes), mandatory Alcoholics Anonymous meetings, and restitution if a person was injured or property was damaged.  

Potential DUI penalties increase significantly if you have a prior DUI conviction or convictions.  These penalties can be extremely harsh, leading to longer jail time, increased fines, and more hours of school or community service.  Additionally, DUI convictions may lead to higher insurance rates, difficulty in finding employment, and even deportation if you are not a United States citizen. 

DMV Hearings & Driver's License Privileges

Few people are aware that even for a first-time DUI arrest, your driver's license privileges will be suspended for four months, unless you request a DMV hearing within ten calendar days of your arrest.   For these reasons, you should contact our Orange County criminal law firm immediately following the arrest. 

In addition, certain factors can lead to damaging consequences.  If you refuse to take a blood alcohol, or urine test as required by California law after your DUI arrest, your driving privileges can be suspended from one year to as many as three years, depending on the number of prior DUI convictions that are on record.  Furthermore, refusal to take a test also can be used against you in trial. 

DUI laws are complex, and individuals who are unfamiliar with how DUI offenses are prosecuted and the defenses available to them are at a considerable disadvantage.  Our criminal defense lawyers in Orange County have the expertise, experience, and skills to advise you of your rights, level the playing field, and mount a vigorous  defense on your behalf.

For experienced Orange County criminal defense lawyers at Cummins & White, LLP, email us or call us at (888) 339-4127 today for a free consultation.