Orange County DUI Lawyer Blog

An Orange, California police officer was awarded the Cavanaugh Award for the most arrests for DUI in 2010. The award is presented each year to the officer who makes the most DUI arrests each year. This is just one of many incentives offereed to Orange County police departments in an effort to crack down on Drunk Drivers or Driving Under the Influence in Orange County, California. The Orange Police Deparatment made a total of 1,091 for the year.

Driving Under the Influence or DUI is considered a serious offense in California and the Prosecution pursues the penalties and punishments seriously. Recent statistics have shown that there are approximately 13,000 DUI arrests in Orange County alone.


A conviction for DUI can carry long lasting effects on a person’s life and for that reason, it is important for anyone facing a DUI conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced and/or dismissed. A key factor in choosing an attorney is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

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.

An experienced DUI Defense Attorney will look closely at the police report and at the conduct of the investigating officers. Specifically, any misconduct or violation of rights must be taken into consideration. Further, if a field sobriety test was performed, and this is what the arrest was based on, it should be challenged due to the fact that field sobriety tests are subjective, basically the opinion of the officer performing the test. If a roadside Breathalyzer is used, this must also be looked at carefully as the results are unreliable and there are too many ways to skew the results. The law does require that anyone being arrested for suspicion of DUI must take a chemical test. Blood or breath, at the police station, are the two choices. However, there is no legal obligation for anyone to perform a field sobriety test. If a breath test was used at the police station, the maintenance logs of the breath machine need to be examined. If blood was taken, the attorney may want to employ the services of an expert to perform a “Blood Split”, which can help determine the blood alcohol level at the time of the stop rather than at the time the blood was taken. This can sometimes result in a lower blood alcohol level.

Anyone who has been arrested for DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

Continue reading " 309 Arrests For DUI In The City Of Orange in 2010 " »

According to the Office of Traffic and Safety, in 2009 Huntington Beach was number 1 out of 56 California Cities, with alcohol-related collisions. Other top ranking cities were Costa Mesa, City of Orange, Fullerton, Missin Viejo, Irvine and Garden Grove. In 2010, Huntington Beach was ranked at number 16 and Santa Ana was the top ranked Orange County City at number 8. Newport Beach and Fullerton were also mentioned in the ranking.

Orange County law enforcement agencies have been aggressively tackling the problem, pushing for more saturation and grants for DUI checkpoints. Officers on foot patrol have also been put in place in an effort to, according to officials, help intoxicated individuals get rides home.

Whether it is a DUI checkpoint or a roving patrol, there is no doubt that arresting officers make mistakes. Breathalyzers and field sobriety tests are unreliable in that the breathalyzers results are easily manipulated and the field sobriety tests are strictly subjective. Although the officers who conduct the roving saturation patrols are "trained to look for signs of impairment", they are not experts; they are human beings capable of making mistakes and misjudging.

Anyone who has been arrested for a DUI should contact an experienced DUI Defense Attorney. A good Orange County Criminal Defense Attorney, specializing in DUI's will examine the stop, the tests administered and the details surrounding the arrest to determine whether or not the arresting agency followed proper procedures.

Continue reading " Huntington Beach Has Most DUI Crashes In California " »

Most individuals arrested for DUI or Drunk Driving are employed and have families that depend on them. If convicted of Driving Under the Influence and sentenced to serve time in jail, this can be an enormous burden on one's family and can jeopardize the job that provides the income for the family. For this reason, alternative sentencing is something that should be considered.

If you have been convicted of a DUI in Orange County, there are options for alternative sentencing. Some of these include:

Community Service: An experienced DUI attorney in Orange County should attempt to work with the DA and the Judge to lower the charges in exchange for doing community service.

CalTrans Work Program: The CalTrans Work Program is another option, generally set as a condition of probation. The CalTrans Work Program involves cleaning up litter along the roadways, clearing brush and cleaning graffiti where needed.

Sober Living Programs: As an alternative to jail, a good DUI Attorney will suggest a sober living program rather than jail. These programs provide housing, alcohol and drug counseling, education and employment assistance.

House Arrest with Electronic Monitoring: House arrest or home confinement allows an individual to continue their regular activities, such as going to work, attending school and caring for children or other family members.

Private Jail or Work Furlough: There are a few private jails in Orange County that often allow work furlough privileges and are a nicer alternative to county jail. These facilities can be expensive but much less disruptive to one's life.

Continue reading " Orange County DUI Alternative Sentencing " »

If you have been convicted of Driving Under the Influence and have successfully completed your probation and/or other requirements, you may be eligible to have your case expunged. This means that if the Court grants your request for expungement, the case is then dismissed.

Most straight-forward DUI's are misdemeanors and therefore eligible for expungement. There are some requirements however. You must have successfully completed your probation, without any probation violations along the way; any terms and conditions, fines and/or penalties imposed must have been paid and complied with and, you cannot have any charges currently pending.

Some of the typical terms and conditions of a DUI conviction are paying fines, attending an alcohol education program, performing community work, attending Mothers Against Drunk Driving Victim Impact Panel, Hospital and Morgue Programs, driver license suspension or restriction of the defendant’s California driving privileges. If you successfully complete these requirements, you are eligible to have your guilty plea withdrawn and the case dismissed. Be aware that this does not prevent the DA from using that conviction as a prior in the event of a future arrest and prosecution

If your conviction of DUI results in a Felony, then a good DUI Defense Attorney will seek to have the Felony Conviction reduced to a misdemeanor and then expunged.

There are many benefits to having your conviction of DUI expunged. 1. You can tell prospective employers that you have not been convicted of a crime; 2. You become eligible for some professional licenses; 3. You can apply for a change in immigrant status more confidently; and 4. Stop being afraid or embarrassed when someone does a background check on you.

Getting your DUI expunged can be the best decision you ever make. Having a clean record and the feeling of freedom from worry is a worth the investment.

Continue reading " Expunging Your DUI Conviction in Orange County, California " »