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Drunk Driving
DUI Attorney in Orange County, CA
Being charged with Driving Under the Influence (DUI) in California is a serious matter. It requires immediate attention from a skilled criminal defense attorney. The state’s DUI laws are some of the strictest in the nation, and a conviction can result in severe criminal and civil consequences. This includes jail time, fines, probation, mandatory programs, and a suspended license.
If you’re facing DUI charges, it’s critical to consult with an experienced DUI attorney in Orange County, CA and beyond who understands the complexities of California’s DUI laws and can help protect your rights and future.
DUI Charges
California has two primary laws related to DUI charges, each with distinct implications:
- Section 23152(a) – It is a misdemeanor to drive under the influence of alcohol and/or drugs. This applies if your ability to drive is impaired by alcohol, prescription medication, or illegal drugs.
- Section 23152(b) – It is a misdemeanor to drive with a blood alcohol concentration (BAC) of 0.08% or more. This applies specifically to drivers who exceed the legal BAC limit.
When you are arrested for DUI, you face both criminal penalties and civil penalties. These can have a lasting impact on your life, affecting your freedom, your finances, and your ability to drive. However, you have legal options. An experienced criminal defense attorney can help you understand the system and challenge the charges against you.
California DUI Penalties
A DUI conviction in California can lead to significant criminal penalties, including:
- Jail or Prison Time: A first offense may result in up to 6 months in jail. Then, subsequent offenses can lead to more serious sentences, including longer terms of imprisonment.
- Fines: DUI convictions come with substantial fines, up to $1,000 or more, plus additional costs related to court and DUI programs.
- Probation: Many DUI convictions result in probation. These may come with requirements such as attending a DUI education program, abstaining from alcohol, performing community service, and submitting to regular drug and alcohol testing.
- DUI Education Programs: A conviction may require you to attend mandatory DUI programs. These can range from 3 months to 30 months, depending on the circumstances of your case. DUI programs can be costly and time-consuming.
In addition to criminal penalties, a DUI arrest in California automatically triggers civil penalties. When you are arrested for DUI, your driver’s license may be immediately suspended by the Department of Motor Vehicles (DMV). This suspension can be automatic if your BAC is over the legal limit or if you refused to submit to a chemical test. However, you have the right to contest the suspension at a DMV hearing. This is a critical step where a skilled DUI attorney can represent you, argue on your behalf, and potentially keep your license from being suspended.
DUI Defense
California’s DUI laws are complex, and there are several legal avenues that an experienced DUI defense attorney can use to fight DUI charges. Some common defenses include:
- Improper Traffic Stop: If the police officer did not have a valid reason to stop your vehicle, any evidence obtained after the stop may be inadmissible in court.
- Inaccurate Breathalyzer Test: Breath tests are not foolproof. They can be inaccurate for a variety of reasons, such as improper calibration, user error, or medical conditions like acid reflux or diabetes. An experienced attorney can challenge the reliability of the test results.
- Faulty Field Sobriety Tests: These tests are subjective and can be influenced by factors such as your physical condition or the environment in which they were conducted, such as uneven ground or poor weather conditions.
- Refusal to Take a Test: If you refused to take a chemical test, California’s Implied Consent Law mandates an automatic suspension of your driver’s license. However, depending on the circumstances, there may still be a legal strategy to challenge the refusal and potentially reduce penalties.
- Medical Conditions or Medications: Certain medical conditions or medications may mimic the symptoms of intoxication, leading to a wrongful DUI arrest. A knowledgeable attorney can investigate these issues and use them in your defense.
DUI Attorney Orange County: What to Do After a DUI Arrest
If you’ve been arrested for DUI, our DUI attorney in Orange County advises that you should act quickly:
- Contact a DUI Defense Attorney: The sooner you have an attorney involved, the sooner they can begin reviewing the evidence, advising you on your legal options, and representing you at any hearings.
- Request a DMV Hearing: You have often only 10 days from your arrest to request a hearing to contest your driver’s license suspension. An attorney can handle this for you, ensuring that all the necessary paperwork is filed within the required timeframe.
- Stay Calm and Compliant: Cooperate with authorities during the arrest process, but remember that you have the right to remain silent and to have an attorney present during questioning.
Let Our DUI Lawyer Defend You Against DUI Charges
If you are facing DUI charges in California, having an experienced criminal defense attorney on your side is essential. At the Law Office of Ronald G. Brower, we specialize in defending individuals accused of DUI offenses. We understand the complexities of DUI law, and our DUI lawyer has a proven track record of successfully challenging these charges. With our knowledge, experience, and aggressive defense strategy, we’ll work to achieve the best possible outcome for your case.