Helping Clients Fight for Their Right to Freedom
A DUI conviction can be devastating. While the state treats drinking and driving as a misdemeanor, Orange County courts are tough on offenders. Penalties may include enormous fines and court costs, loss of driving privileges, and jail time. Aside from the immediate negative impact on your life, a conviction could haunt you for many years.
If you were arrested for driving under the influence, you need an experienced Orange County DUI lawyer to help you build a strong defense. Your DUI attorney will gather evidence in your favor, negotiate with prosecutors, and protect your rights every step of the way. Whether this is your first criminal offense DUI or you already have a criminal record, hiring a DUI defense lawyer is of the utmost importance for your future and your freedom.
At The Law Offices of Scott Henry, we understand the stress of dealing with the charges against you. We will fight to protect your rights, inform you of your legal options, and may be able to have your charges reduced or dismissed. Call our office today for a free consultation at (714) 294-0599.
What Are the Penalties for DUI in Orange County?
Penalties for a DUI conviction are very serious, impacting your time, your criminal record, and your wallet. Under state law, there are separate penalties for each offense. Depending on the number of DUI charges on your record, a local attorney could help you mitigate the potential consequences.
The penalties for a DUI in Orange County include the following:
First Offense
Assuming no one was injured or killed due to the alleged DUI, the penalties for a first-time conviction could include:
- Up to six months in jail;
- Suspension of your driver’s license for a year or more;
- Mandatory alcohol abuse counseling;
- Installation of an ignition interlock system in your car; and
- Thousands of dollars in fines and fees.
Second Offense
Punishments only get worse for second, third, and more DUI convictions. A second conviction could result in:
- Up to one year in jail;
- Driver’s license suspension for two years, after which you can only drive with a restricted driver’s license for two years;
- Mandatory alcohol abuse program participation for up to 30 months;
- Installation of an ignition interlock system in your car; and
- Thousands of dollars in fees and fines.
Multiple Offenses
Third and additional DUI convictions could burden you with:
- A felony conviction;
- More than one year in jail or state prison;
- Revocation of your driver’s license for up to four years;
- Mandatory participation in a 30-month alcohol treatment program;
- Tens of thousands of dollars in fines and fees;
- Loss of your car; and
- A probationary period where you will be subject to strict rules that, if violated, could send you to jail.
Penalties are harsher the more intoxicated you were when arrested (if your blood-alcohol content (BAC) was 0.15% or higher). They are even more severe if anyone suffers serious injury or death. A DUI conviction also affects you in the long term. It remains on your criminal record for ten years, which could diminish your credit, increase your car insurance premium, and lower your chances of obtaining stable employment.
Your age can also impact your DUI conviction penalties. California has a zero-tolerance policy for underage drinking and driving, meaning that any drivers under 21 who are caught with a BAC of 0.01% or higher can face consequences. In most cases, underage DUI offenders do not serve a jail sentence for a first-offense DUI. However, underage offenders could face hefty fines, probation, and mandatory community service. An underage DUI can also impact your ability to apply for educational institutions and government benefits.
What Can You Expect When Facing DUI Charges?
If your arrest was your first foray into the California criminal justice system, you may be wondering what comes next. After you are pulled over and arrested, you will typically be taken to the police station. There, they will book you and require you to undergo a chemical blood-alcohol test. Law enforcement will also confiscate your driver’s license and replace it with a temporary 30-day one.
Before you make statements to the police, your first step should be to call a lawyer. An attorney in Orange County could prevent you from saying anything that will be harmful to your drinking and driving case. While a public defender could be made available to you, you’ll be better off hiring an experienced Orange County DUI lawyer who can devote more time to your defense.
An attorney can guide you through the entire adjudication process, which typically includes several stages. Firstly, you must request an administrative hearing within ten days of arrest to fight the DMV’s revocation of your driver’s license. You will need a lawyer to make a timely request for the hearing and help you through it. At your first criminal hearing, you and your lawyer will face the prosecutor and judge. Here, you will make your plea of guilty or not guilty to the judge. Your lawyer and the prosecution will go back and forth and negotiate a deal for your drinking and driving case. Your case could be resolved during pre-trial if you agree to a plea bargain that reduces penalties. If you do not agree to a plea bargain, your lawyer could help you with your trial by convincing the judge or jury that there is insufficient evidence to convict you.
Agreeing to a plea bargain or receiving a DUI conviction will require you to attend a sentencing hearing. Your attorney could try to reduce your sentence as much as possible. If your DUI arrest is based on a field sobriety test, the validity of the test results can be challenged. These tests are notoriously unreliable and are often deemed inadmissible as evidence in court. An experienced attorney will also know how to challenge the administration of the tests, the credibility of the arresting officer, or the circumstances that led to your arrest.
What is a DMV Hearing?
When you are arrested for driving under the influence, you will likely have your driver’s license suspended for a certain number of days. You can request a DMV hearing within ten days of your arrest to fight this license suspension.
At the DMV hearing, a DUI lawyer on our team will present evidence in your defense to show that your arrest or detainment was unlawful. By doing this, we will attempt to convince the DMV that your license should not be suspended and that you deserve full driving privileges. You may or may not be required to attend this hearing in person.
Our Orange County DUI lawyers can subpoena the breathalyzer’s maintenance and calibration schedule to determine if it has a history of malfunctions or inaccurate readings. We can also request testimony from the arresting officer to determine if any mistakes were made during your arrest or detainment. Using this evidence, we will tell the DMV why you should not have your license suspension maintained.
The DMV hearing officer will mail their decision to you within 30 days of your hearing. If you win your DMV hearing, your license will not be suspended. If the DMV does not rule in your favor, your license suspension will remain intact. The DMV hearing has no bearing on your criminal conviction, and you can still win a criminal defense case even if your DMV hearing case was unsuccessful.
If you are arrested for a DUI of drugs, also called a DUID charge, there is no DMV hearing available to you. DMV hearings only happen when an individual is arrested for having a blood alcohol content over the legal limit. If you are convicted of a drug DUI charge in court, that conviction will automatically trigger a license suspension.
What Are DUI Court Proceedings?
When you are charged with a DUI, you will then go through the DUI court proceedings. Not all offenders go through every stage of the proceedings, as it is possible to reach a plea deal before the case goes to trial. However, it is important to understand the process ahead of time to prepare your DUI defense.
The DUI process is as follows:
Pretrial Process
The pretrial process can span several months. In most cases, a DUI attorney on our team can attend all pretrial meetings without you present. Our team will work to collect evidence, run motions, and negotiate with the prosecution to seek a dismissal or reduction of charges.
Plea Bargain
Our DUI defense lawyers will always work to negotiate a plea bargain if your case cannot be dismissed. In some cases, the prosecution will allow you to plead to a lesser charge or plead guilty for lesser penalties. You may be required to come to court and plead before the judge, or you can sign notarized comments outside of court.
Jury Trial
If a plea bargain is not in your best interest, our DUI defense team will take your case to trial. Scheduling a trial often leads to judges or prosecutors offering a plea deal, as winning a trial can be difficult. Our team will build you a solid legal defense strategy to present before a judge in court.
What Are the Most Common Defense Strategies for a DUI?
DUIs are unfortunately common in Orange County. Our DUI lawyers will work with you to learn more about your case and determine the best strategy to reduce or remove the penalties you are facing. We don’t believe in a one-size-fits-all approach – instead, we will give you a unique defense strategy that fits your specific circumstances.
The most common DUI defense strategies include:
Lack of Probable Cause
If you are pulled over for a suspected DUI, the law enforcement officers must have reasonable suspicion that you were driving under the influence. Officers look for signs like swerving, speeding, and excessive braking. If you were not exhibiting any signs of intoxication before you were pulled over, our team could argue that your traffic stop was unlawful.
Faulty Equipment
Equipment like breathalyzers that are used to measure BAC must be maintained regularly. If the machine you were tested on had not been appropriately maintained or was administered incorrectly, your arrest and detainment may be deemed unlawful.
Incorrect Police Procedure
Police officers must follow lawful procedures when arresting or detaining someone for a DUI. Our DUI attorneys will subpoena the arresting officer and ask for their version of events, plus any body cam footage they took. If your rights were violated in any way, DUI defense law stipulates that your arrest is unlawful.
Chemical Test Contamination
When you are arrested for a DUI, you will be asked to submit to a blood and urine test at the police station. These tests are typically administered by licensed technicians on-site. However, there have been cases where a chemical test has been contaminated, leading to incorrect results. Our team will test your chemical samples at an independent lab to check the police’s results.
Incorrect Field Sobriety Tests
Police officers sometimes use field sobriety tests to determine your level of intoxication. These tests are not often regulated, and many of them have extreme variables that can lead to sober individuals “failing.” If you took a field sobriety test and the officer did not administer it correctly, our team could argue that your DUI case is not lawful.
Insufficient Evidence
In DUI cases, the burden of proof is on the prosecution. If the prosecution cannot gather enough evidence to prove that you were the driver of the vehicle and that you were under the influence of drugs or alcohol, our team can request that your case be dismissed.
Other Potential Consequences After Receiving Drinking and Driving Charges
Even if you don’t receive a conviction, a DUI arrest can lead to the loss of your driver’s license for a period of time. And if you don’t request a DMV hearing within 10 days, your license will be revoked. Fortunately, one of our defense lawyers can help you file an administrative appeal.
Having a DUI conviction on your record can cause permanent damage to your future. Many hiring managers refuse to interview those with a criminal record, making it difficult for offenders to secure a job. Similarly, landlords and property managers sometimes discriminate unfairly against DUI offenders, leaving those with DUI records unable to find housing.
A DUI conviction can also make it impossible to apply to certain educational institutions. Even if you don’t serve a jail sentence, underage offenders may find it difficult to apply for college or scholarships. Certain government benefits may also be off-limits to you, depending on the offenses you are charged with.
While it is possible to clear your criminal record of a DUI conviction, expungement is a difficult process without a guaranteed outcome. Your Orange County lawyer can examine your case and help you determine your eligibility for expunging your record following a drinking and driving conviction. Additionally, an SR-22 certificate is a form certifying your financial responsibility provided by your insurer, which will make your rates increase. A skilled attorney may be able to help you avoid this requirement. For more information about your DUI case, contact our law firm today.
What Should You Do if You Are Stopped for a DUI?
Being pulled over by a police officer can be a frightening experience. Understanding what to do if you’re stopped for a potential DUI can help you build your defense case later.
If you are stopped for a DUI, take the following steps:
Keep Calm
It’s okay to be nervous when an officer pulls you over. However, the best thing you can do is remain calm and collected. Turn off your car and keep your hands on the wheel, then greet the officer when they walk up to your vehicle. Be polite at all times, and never question or berate the officer.
Remain Quiet
The police officer will likely ask you questions about where you’re going, where you’ve been, and how much alcohol you’ve consumed. The best way to handle yourself at this moment is to say as little as possible. You are required to identify yourself to the officer, but you are not required to answer any other questions. Keep quiet and do not admit to drinking, even if you think it will lead to your release.
Refuse a Field Sobriety Test
If an officer asks you to take any field sobriety tests, it is in your best interest to refuse. Field sobriety tests are subjective and are not regulated well. Plus, an officer can use your behavior during a field sobriety test to testify about your intoxication levels later. In most cases, it is not advisable to take a field sobriety test.
Refuse a PAS Test
If you are pulled over for a suspected DUI but are not yet arrested, officers will likely ask you to take a preliminary alcohol screening (PAS) test. This initial test is entirely voluntary and is not required by law. You can politely refuse to take the test if you are over 21 and not on probation for a previous DUI.
Submit to Chemical Tests if Arrested
While refusing a PAS test is advisable before your arrest, it is unlawful to do so after your arrest. All drivers are subject to California’s implied consent laws, meaning you must take a breathalyzer test if you are arrested for a DUI. Similarly, it is advisable to submit blood and urine tests at the police station, as not doing so will result in an automatic driver’s license suspension.
Contact an Experienced DUI Defense Attorney
DUI convictions carry severe criminal penalties that can impact you for the rest of your life. If you are arrested for a DUI, contact an attorney on our team immediately to begin building your defense case. The sooner you reach out to our team, the faster we can begin defending your rights.
What Does a DUI Defense Attorney Do?
Some individuals, especially first-time offenders, are hesitant to hire a DUI attorney for their DUI cases. However, hiring an experienced DUI defense attorney dramatically increases your chances of having your charges reduced or dismissed. While representing yourself or using a public defender are technically options, many people find themselves saddled with severe penalties unnecessarily.
As your DUI defense team, our lawyers will take the following steps:
Gather Evidence in Your Defense
Arrest records, chemical test results, body cam footage, and other details can be used to dismantle the case against you. Before building your defense strategy, our attorneys will gather all evidence about your case to use it in your defense.
Spot Weaknesses in the Case Against You
Many DUI cases have subjective evidence at best. It is up to the prosecutor to use this evidence to prove beyond a reasonable doubt that you are guilty. Our DUI lawyers will examine the case against you to determine any weak points. Once we find them, we will build our legal strategy to reduce or remove your penalties.
Negotiate with the Prosecution
Many criminal cases are settled outside of court. In some instances, accepting a plea deal may be the best way to reduce the penalties you are facing. Our team will meet with the prosecution before your trial to determine if a plea bargain is in your best interest.
Get Your License Back
Before your criminal trial, our team will request a DMV hearing on your behalf and present evidence in your defense to remove your license suspension. Even if your license remains suspended, our team can help you apply for a provisional license with limited driving privileges so you can continue to drive to and from work and school.
Adjust Your Legal Defense Strategy
As your legal representation, our firm will constantly adjust your strategy as needed. Whether you’d like us to make a change or decide to adjust based on new evidence, our experienced attorneys can use their extensive backgrounds and knowledge to get you the best possible outcome.
Save You Time and Money
DUI cases take time, which can cost you money. Our team will work to wrap your case up as quickly as possible so you can avoid paying hefty fees and fines. Avoiding a criminal trial is the best way to save money in a DUI case, and our team will make every effort to settle your case outside of court.
Get your Records Expunged
Even if you are not convicted of a DUI, your DUI arrest will still show up on your background check. Our team can work with you after your case is dismissed to expunge your records and give you the clean slate you deserve.
Contact an Experienced Orange County DUI Attorney Today
If you’re facing DUI charges, don’t lose hope. At The Law Office of Scott Henry, we know how to fight the charges against you and can inform you of your options and possible defenses. We understand just how difficult it can be to navigate a criminal case while still paying your bills and taking care of your responsibilities. We will do everything in our power to get you the outcome you deserve as quickly as possible with few disruptions to your life. Contact us today for a free confidential consultation.
The Law Office of Scott Henry is located minutes away from the Irvine Driver’s Safety Branch and the Harbor Justice Center. Our team of leading attorneys has handled thousands of cases throughout Southern California and knows the intricacies of the local Court system. Hiring a competent Orange County DUI lawyer to handle your case may be the most important decision that you make. Do not hire someone who is unfamiliar with the Orange County Court System or the Irvine Driver’s Safety Office. Your case could suffer from a lawyer’s unfamiliarity with local rules or procedures. Contact us today for a free initial case consultation at (714) 294-0599. The Law Office of Scott Henry is available 24 hours a day, 7 days a week.