Orange County DUI Lawyer Blog
A conviction for DUI can carry long lasting effects on a person’s life and for this 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.
The following are standard penalties associated with a conviction for driving under the influence or DUI, in Orange County, California:
DUI 1st Offense: Jail time (up to 6 months); fines (up to$1,000.00); community service; probation; DUI School; and driver’s license suspension.
DUI 2nd Offense: Jail time (up to a year); fines (up to $1,000.00); community service; probation; DUI School; driver’s license suspension; and vehicle impoundment.
DUI 3rd Offense: Jail time (up to a year); fines (up to $2,000.00); community service; probation; DUI School; driver’s license suspension; and vehicle impoundment.
In California we have what is called Sentence Enhancements. What this means is that if convicted of DUI, under certain circumstances the Court can impose a greater penalty. Those circumstances include: 1) Prior Convictions – If convicted of a DUI within the last ten years, jail time, DUI school and license suspension periods are increased. Two priors within ten years results in even further penalty increases and if you have three or more, you will be charged with felony DUI; 2) High Blood Alcohol Level: A BAC level of .15 or higher, results in an enhanced sentence; 3) Test Refusall: There are two consequences to refusing to take a chemical test. The amount of jail time is increased and the DMV will impose their administrative suspension of your driving privilege; 4) Speeding and/or Reckless Driving: At the time of arrest, a sentence enhancement will be imposed for 20 mph over the speed limit on a surface street and 30 mph over the limit on a freeway.
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 Breathalyzerr 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.
If you would like to know more about Driving Under the Influence, contact Orange County Criminal Defense Attorney William M. Weinberg at his Irvine, California office at 949-474-8008 or at www.williamweinberg.com.