Can I get a public defender for my DUI case?
Having a public defender is an available option for those that do not have the funds to hire private attorneys. Believe it or not, a question we get often is whether or not a public defender will mean that you will serve jail time. There are literally thousands of people that have had no jail time from a DUI with a public defender.
In most courts in California, a first time DUI does not carry any jail time. So, by pleading guilty or no contest, with or without an attorney or public defender, you’ll get no jail time. That includes Orange County DUIs and Orange County public defenders.
In Riverside County, and in a few other courts, they impose a mandatory 5-15 days jail, but convert that to community service, for any cases.
You might be looking at jail time if there are any sentencing enhancements, which make the case more serious:
1. A child in the car;
2. A high blood alcohol level (.16 or higher)
3. An accident
4. Injury to anyone
5. Any priors for DUI
6. Being on probation for any other crime.
If you have any of these factors and think you might be facing jail time, then my recommendation is to get preapproved for any program you like – community service approved by the court, house arrest, a “SCRAM” bracelet and monitor, weekends jail, or a private jail or rehab. The public defender doesn’t have the time to have people do evaluations for you, and see if you might qualify, and the question in the back of everyone’s mind, including the judge, is always going to be, “what if this person doesn’t qualify” for the alternative sentencing?
Getting a preapproval takes away that worry and makes the case much easier for the public defender to get you exactly what you want.
Can I do online courses for my Orange County DUI?
I see a common recommendation to Tom Wilson counseling, which is an online course for DUI, and that baffles me for California cases. The courts, and the DMV, always say that they don’t allow or approve any of the Tom Wilson online courses, so it’s a waste of time. Plus, that company is in Idaho, so using them for California cases might be inefficient for anyone facing a DUI. I wouldn’t recommend their courses to anyone. Using an in-person approved school that is close to you is much better for you.
If you’re in Southern California, you can find a list of all the court approved schools at:
Are there any defenses to an Orange County DUI if I took a blood test?
Blood alcohol tests assume the individual being tested is average in various ways. For example, on average the ratio of blood alcohol content to breath alcohol content (the partition ratio) is 2100 to 1. In other words, there are 2100 parts of alcohol in the blood for every part of the breath. However, the actual ratio in any given individual can vary from 1300:1 to 3100:1, or even more widely. This ratio varies not only from person to person but within one person from moment to moment. Thus a person with a true blood alcohol level of .08% but a partition ratio of 1700:1 at the time of testing would have a .10 reading on a Breathalyzer calibrated for the average 2100:1 ratio.
A similar assumption is made in urinalysis. When urine is analyzed for alcohol, the assumption is that there are 1.3 parts of alcohol in the urine for every 1 part in the blood, even though the actual ratio can vary greatly.
Breath alcohol testing further assumes that the test is post-absorptive—that is, that the absorption of alcohol in the subject’s body is complete. If the subject is still actively absorbing alcohol, their body has not reached a state of equilibrium where the concentration of alcohol is uniform throughout the body. Most forensic alcohol experts reject test results during this period as the amounts of alcohol in the breath will not accurately reflect a true concentration in the blood.
Note that only breath testing or blood testing is used in alcohol DUI cases in Orange County.
Why contact us for your Orange County DUI case
If you have been arrested for DUI, I know you have questions, and you’re probably trying to learn as much as you can before the decisions you have to make in your case. I can definitely help.
A DUI can haunt you for years after it is over. It can affect your career, any professional licenses you may have, and your job prospects, insurance rates, and driving record and license. Now is the time to get help, to do all you can to minimize the impact on you and avoid as much of that as possible, as it is nearly impossible after the case is over.
There is a way through this, and we can help protect your license by requesting a DMV hearing, preparing, attending, and fighting for your driver’s license. In court, we do our own investigation, a careful review of all of your factual and legal defenses, and then prepare any motions to dismiss, to exclude evidence, and negotiate for a reduction of charges, highlighting all the facts and law in your favor.
I have been through breath testing certification, and blood test certification, as well as field sobriety testing student and instructor certification. I am a long-standing member of the well known National College for DUI Defense organization, as well as the California DUI Lawyers Association.
I have over 23 years of experience as an Orange County DUI Attorney and have helped many clients in the same situation as you. My job is to protect you and help you get the results you want and avoid the embarrassment and pain from this process. As you can see from our website, we have many positive comments from people we have helped, and we can help you also. Please let me know if you have any questions and all the best to you.