Orange County DUI Lawyer Blog

A Newport Beach cyclist was killed after being struck by a 22 year old woman, suspected of driving under the influence. The 41 year old cyclist was pronounced dead at the scene. Shortly after, police arrested the woman on suspicion of gross vehicular manslaughter while intoxicated.

Vehicular Manslaughter, while intoxicated, is a felony punishable up to 10 years in State Prison. However, in certain circumstance, the punishment can be more severe. In California, we have what is known as DUI Sentence Enhancements. This means that a sentence can be increased, depending upon the enhancement(s). Sentence enhancements in DUI cases include, prior convictions, a blood alcohol level of .15 or higher, test refusal and speeding and/or reckless driving.

Fortunately, there are defenses to Felony DUI, or Vehicular Manslaughter While Intoxicated. In this situation, a good Orange County DUI Attorney should look at the possible defenses to vehicular manslaughter. Challenging the validity of the breath or blood test results, as well as challenging police procedures and/or misconduct must always be looked at. Some other defenses to Vehicular Manslaughter while Intoxicated include: Rather than gross negligence, that the defendant acted with regular negligence; That the negligence what not what caused the death. That the acts of another person or forces beyond your control such as road conditions or weather were the cause of the accident and/or death. Accident Reconstruction Experts are often used when this type of defense is being offered.

Continue reading " Newport Coast Woman Arrested For Gross Vehicular Manslaughter " »

Costa Mesa Police Department recently conducted a sobriety checkpoint on Newport Boulevard and Flower Street. Four drivers were arrested on suspicion of driving under the influence of alcohol or drugs. The State of California, Office of Traffic Safety funds these checkpoints, by way of a grant, which are being conducted on a regular basis all over Orange County, California.

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.
A good Orange County California DUI Defense Attorney will be familiar with the variety of defenses available to someone who is being charged with DUI or Felony DUI. Some of the obvious legal defenses to felony DUI are challenging the underlying DUI. The appearance of being under the influence can be the same as fatigue and/or certain types of illnesses. Challenging the validity of the breath or blood test results and challenging police procedures and/or police misconduct. Other defenses might be that your negligence was not the actual cause of the injuries, but that there was something other than your intoxication or negligence that caused the accident and/or injuries.

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.

Continue reading " Costa Mesa DUI Checkpoint Yields 4 Arrests " »

The Orange County Sheriff's Department conducted what they referred to as the "Winter Holiday Avoid Campaign" from December 17, 2010 through January 2, 2011. The campaign consisted of Sobriety Checkpoints, Special Saturation Patrols and routine patrols. The campaign resulted in 743 arrests for driving under the influence of alcohol or drugs. More of these "Avoid" anti-DUI campaigns are expected to be conducted periodically.

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 criminal 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 alcohol 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.

If you are arrested for DUI in Orange County, it is imperative that you seek the advice of an experienced Orange County DUI Defense Attorney. Every County has a way of handling cases that differ from other counties. An attorney experienced in criminal defense work in Orange County will be familiar with the Courtroom process, the individual District Attorneys and the Judges in the individual courtrooms. An experienced Orange County, CA DUI defense lawyer should aggressively pursue and develop a strategy to defend your felony (or misdemeanor) DUI case and work to minimize all the negative consequences.

Continue reading " Orange County DUI Checkpoints Yield 743 Arrests " »