Orange County DUI Lawyer Blog
DUI’S WITH PRIORS
If you have been arrested for driving under the influence in Orange County California, hiring an experienced DUI Defense Lawyer should be your first step toward getting the DUI arrest behind you. Although a conviction for first time DUI will result in penalties and fines, having an aggressive Orange County DUI defense attorney can help to mitigate the severity of the consequences.
It is true that a first-time DUI can cause extreme stress in someone’s life but, being arrested and charged with a second, third or fourth DUI is very serious and can have long lasting, and devastating effects on a person’s life for years to come. At the very least, consulting with an attorney who has experience in dealing with prior offense DUI’s, will give you an idea of what you may be facing and, whether or not the District Attorney has a slam-dunk case against you.
When dealing with a new DUI arrest with priors, it is absolutely crucial that your attorney look closely at every detail, beginning with the stop, and all the way to the blood or breath collection process. Did the police officer have probable cause to pull you over in the first place? What some people don’t realize is that a police officer can’t just pull someone over because they see them pulling out of a bar at 1:30 a.m. and assume that person has been drinking. The officer has to observe some sort of traffic violation or problem with the vehicle itself, in order to pull that person over.
The administration of the field sobriety tests, if any, must be looked at, as well as any roadside administration of a breath test. If no roadside tests were performed, the whole process of blood or breath collection at the station needs to be evaluated by your attorney to be sure it was legally done. The maintenance logs for the machines used also need to be evaluated to determine that they were functioning properly. These are all extremely important because, this is the basis for the prosecution’s case and it is your attorney’s job to look for holes and errors in their case.
The following is a brief review of the penalties and punishments for DUI convictions and, as can be seen, the severity of the punishment increases with each new conviction:
Conviction for First DUI
Typically, for a first time DUI conviction, you driving privilege will be suspended for up to four months. The Court fines and fees range from $390.00 to $1500.00 and you will be required to attend a 3-month or 6 month alcohol class. The length of the class will depend upon what your blood alcohol level was. The Court can impose a jail term up to 6 months but typically, a 3-year informal probation is imposed instead.
Conviction for Second DUI
If you are convicted of a second DUI, you can be sentenced to 90 days to 1 year in jail. Fines are typically $390.00 to $1,000.00. There is also the possibility of penalty assessment. Your license may be suspended for up to two years and there is a mandatory 18-month or, depending upon your blood alcohol level, 30-month alcohol treatment program.
Conviction for Third DUI
A conviction for a third DUI can carry a jail term for 120 days to 1 year. The fines are the same as the second DUI conviction, which is $390.00 to $1,000.00. However, your license suspension can be for up to three years and the alcohol treatment program is the same, 18 to 30 months.
Conviction for Fourth DUI
If you are convicted for a fourth DUI, you may be facing 180 days to 16 months in jail. With a fourth conviction, the prosecution will typically demand some sort of jail time however; there are alternatives to this which your attorney should fight for. The fines are the same as with a 2nd and 3rd DUI but the license suspension is increased to up to four years.
If you or someone you know has been arrested for driving under the influence, contacting an experienced DUI defense attorney should be the first priority in an effort to minimize the severity of the consequences of a conviction for driving under the influence.