Orange County DUI Lawyer Blog

A 20 year old Lake Forest woman has been charged with 1 Count of Felony driving under the influence of alcohol with injury, 1 Count of driving under the influence with blood alcohol .08% or more causing injury and 1 Count of Minor driving with blood alcohol of 0.5% or more.

According to Lake Forest Deputies, the Orange County, CA woman hit a 16 year old girl after she lost control of her car and went up over a curb. The 16 year old girl suffered critical injuries, including broken bones and was in a coma for a period of time. The girl is expected to survive. If convicted, the accused faces up to 3 years in state prison.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI's can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a "wobbler" charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced drunk driving defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor.

A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

In Orange County California, being under 21 and driving with a blood alcool of 0.01% or greater subjects you to the penalties under California's "Zero Tolerance Law". This means that even if you have only one drink, you may be found guilty of the offense. You do not need to be found to be "under the influence", only that you consumed some measure of alcohol. Penalties for a minor being convicted of DUI vary according to the circumstances. Violating California Vehicle Code 23140 is an infraction and therefore not filed as a misdemeanor or felony. However, certain circumstances can cause the punishment to be more severe. Possible sentences include three to five years of informal probation; $390.00 to $1,000.00 in fines; up to one year in county jail; mandatory court-appointed alcohol class; and a six month driver's license suspension.

The Department of Motor Vehicles has it's own punishments/consequences for minor's drinking and driving. If a minor violates the Zero Tolerance Law he or she will lose their driver's license for one year, be required to attend and complete a minimum three month alcohol program; and possibly be ordered to participate in a "Youthful Drunk Driving Violation Program". Participation in this program includes a visit to an E.R., the coroner's office or a chemical dependency recovery center.

Anyone charged with misdemeanor DUI or Felony DUI, should seek to hire an experienced DUI Defense Attorney, specializing in Drunk Driving Defense. An experienced Orange County, CA DUI defense lawyer should aggressively pursue and develope a strategy to defend your felony (or misdemeanor) DUI case and work to minimize all the negative consequences.

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A 21 year old Fullerton, California man plead guilty last month to manslaughter for the 2009 deaths of his two friends when he lost control of his truck and hit a tree in Santa Ana, California. His friends were passengers in his vehicle and were ejected upon impact. The young man had a blood-alcohol level above 0.10 percent at the time of the crash.

This young man's sentencing exposure depends upon whether he plead guilty to a misdemeanor vehicular manslaughter or felony vehicular manslaughter. There is also Gross Vehicular Manslaughter While Intoxicated. The sentence exposure is anywhere from 1 year in jail to 15 years to life in prison. Some of the determining factors are that the person was driving under the influence or DUI, that while they were DUI they committed an additional wrongful act and reckless driving such as speeding. Another determining factor is whether it was a first, second or third or more offense.

Fortunately there are legal defenses to DUI. An experienced Orange County California DUI Defense Attorney will be familiar with these defenses and the best way to utilize them to get the best result possible. A good DUI defense attorney would look at the validity of the intoxication evidence rather than some other reason for the impairment, as well as the blood or breath test results. Police procedures should always be looked at for possible misconduct. Other defenses might be that your negligence was not the actual cause of the death or in this Santa Ana case, deaths. And, lastly, the accident itself. Was there something other than your intoxication or negligence that caused the accident.

If you have been arrested and/or charged with Driving Under the Influence in Orange County California, whether involved in an accident or not, you will need a good Orange County California DUI attorney.

Continue reading " Fullerton Man Pleads Guilty to Manslaughter While Intoxicated " »