Articles Posted in DUI

A conviction of DUI carries severe and long lasting effects on a person’s life. An experienced DUI defense attorney can help to minimize the consequences of being arrested and charged with driving under the influence.

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.

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In California, you may be charged with misdemeanor hit and run if you: 1) leave the scene of an accident; 2) without first identifying yourself to the other party or parties involved, and 3) another’s property was damaged in the accident. Hit and run becomes more serious when charged with DUI, significantly increasing the need for an experienced DUI defense attorney.

There are two types of hit & run offenses in California, misdemeanor and felony. The difference between a misdemeanor hit and run and a felony hit and run is that a misdemeanor deals with property damage whereas the felony charge deals with injury. You may be charged with a felony hit and run if someone other than yourself was injured. Hit and run under the influence cases involve multiple offenses including DUI, leaving the scene of an accident, property damage and/or injury to another, reckless driving and in some cases, death, civil liability, and the possibility of penalty enhancements. Penalty enhancements can occur when there is an excessive blood alcohol level, driving with a revoked of suspended license and prior offenses. A DUI causing injury alone is what is known as a “wobbler”, meaning that it can be filed as either a misdemeanor or a felony.

Looking at the charges independent of one another, in order to be convicted of misdemeanor hit and run, the prosecutor must prove that: 1) you were involved in an accident that resulted in another’s property being damaged; 2) that you knew an accident had occurred; and 3) that you were involved in the accident where either you knew property was damaged, or that the accident was of such a nature that it was probable that another’s property was damaged, and that you failed to perform the duties required when involved in an accident. It becomes a felony if injury or death to another resulted from the accident.

Some defenses to misdemeanor hit and run include: 1) That the only damage sustained was to your car; 2) that you lacked knowledge either about your involvement in the accident or about the damage; and/or 3) that it wasn’t you who was involved in the accident. An attorney experienced in defending hit and run cases knows that eyewitness accounts are rarely accurate when remembering the chain of events, which can lead to a person being wrongly accused. Visiting the scene of the accident and exploring the possibility of employing an accident reconstruction expert, are some of the things a good defense attorney should do.

Leaving the scene of an accident due to DUI in a state of panic is a natural survival mechanism. A sort of act of self-preservation that many people experience when involved in a hit and run DUI accident.

In challenging the dui charge, an aggressive California DUI defense attorney will look for possible errors made by the police officers involved. Some things to be considered are lack of probable cause, improper search & seizure, and breath, blood and field sobriety test, which may have been improperly performed.

Because there are so many offenses involved with hit and run DUI cases, it can be extremely overwhelming to face without the help of an attorney who has experience with both hit and run and DUI. The goal of a good attorney will be to have the case dismissed. But, at the very least, looking at the charges independently, getting any felony charges reduced to misdemeanors and getting one or more of the misdemeanor charges dropped, will ensure the best outcome.

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Anyone who has been convicted of a DUI can have the conviction expunged. The only requirements are that you were placed on probation and that you successfully completed your probation. At the end of the probation period, you can petition for the court to expunge your conviction. If you had an Orange County Criminal Defense attorney represent you on your DUI, then that attorney will most likely handle the expungement as well.

Basically how it works is that once you have completed your probation, your DUI defense attorney will file a petition requesting that the case be expunged. The Judge grants the order and your guilty plea is withdrawn and the case is dismissed.

One of the major benefits of expunging a conviction for driving under the influence in Orange County, California is that your employer or perspective employer can justify your continue employment or new employment, now that the case is dismissed. Further, once your case is expunged, you do not have to disclose on applications that you were ever convicted of a DUI.

Anyone who has a DUI conviction should seek out an experienced criminal defense attorney and have their case expunged and then dismissed.

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AB1601 signed into law effective 2012, gives judges discretion to revoke a person’s driving privilege for a 10 year period, following a 3rd conviction for DUI within 10 years. As an Orange County DUI Defense Attorney, it is important to understand that the new law affects not only third time offenders but, the effect it has on the current laws that regulate the different options available to multiple offenders. One question is how will the new AB 1601 law conflict with SB 598? SB 598, in effect now, allows a third-time DUI offender to get a restricted license, after a one-year suspension, if an ignition interlock device is installed in their vehicle.

Since this law was introduced in January of 2010, there have been many amended versions which were much more punitive. As we learn more about this new law and the effects it will have on the Department of Motor Vehicles and suspended licenses, it is important to understand that clearly the laws are becoming more severe when it comes to multiple offenders.

According to the California Department of Motor Vehicles, there were about 200,000 DUI convictions in California in the year 2008. Of the total convictions, 9,164 were third-time DUI offenders within 10 years and another 3,200 had four or more DUI offenses. While 9,164 and 3,200 multiple offenders is a high number, it is important to note that less than 5% of those arrested in 2008 were third and fourth offenders. The majority of people arrested for DUI are first time offenders that never repeat the offense again.

As an aggressive DUI defense attorney, my focus is on miimizing the effect a conviction for DUI can have on a person’s life and further, focusing on preventing the person from commiting the same offense by introducing alcohol programs in lieu of jail time.

Orange County DUI’s are a very common crime but need to be taken very seriously. Without the benefit of an experienced DUI Attorney, fines and penalties can be very harsh. If you or someone you know has been arrested for DUI, it is important to consult with an Orange County Criminal Defense Attorney, who specializes in Driving Under the Influence cases, as well as is familiar with all the the Courts in Orange county.

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Orange County, California, law enforcement agencies reported 211 driving under the influence arrests over the 4th of July weekend. According to the multiagency DUI task force, this is nearly twice as many DUI arreests as last year. In 2010 there were 108 arrests reported.

The enforcement campaign is known as “Avoid” and involves the CHP, Orange County Sheriff’s Department and police departments. The funding for the program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. 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.

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.

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.

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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.

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Costa Mesa Police Department screened 475 out of 1,000 vehicles traveling through a checkpoint at 17th and Raymond Street on Tuesday night. They were checking for impaired drivers under the influence of alcohol or drugs, which resulting in 3 arrests for suspicion of DUI. Whether you live in Costa Mesa, Newport Beach, Irvine or Tustin, you’ll need a qualified DUI attorney if you are charged with a DUI in Orange County.

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Rockfield Blvd. in Lake Forest must hold some kind of record for car collisions. In today’s example, a 66-year old man who was recovering from hip surgery, slammed his car into two others and was found to have a blood alcohol content of nearly twice the legal limit.

This driver may have mixed his pain pills with alcohol, which can significantly enhance the effects of drinking. That his BA was so high surely didn’t help. He’ll need a very good Orange County DUI attorney to help him through the court process.

Whether you live in Westminster, Villa Park or Santa Ana, if you have been charged with DUI, call an experienced DUI defense attorney right away to assist you.

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