What You Need To Know About Your DUI Case In Orange County
You had a wonderful night out with friends. After meeting up for the first time in a long while you decided to go catch a movie together. Later, you went to your favorite local bar and had a few glasses of alcohol to wind down the night in style. Probably you should have ordered some food as well but you were in rush to head back home because it was getting late. You decide to drive even though you are a little tipsy and unfortunately you get pulled over by cops on your way home.
What happens next? You are arrested and being charged with driving under influence. This page describes what you need to know about your DUI case in Orange County, and how an Irvine Criminal Defense Attorney can help you.
So, what happens after your DUI arrest? Do you get a DUI attorney in Orange County? Drivers in California are aware that DUI is a criminal offense but may not be aware it is considered to be a serious crime. Even if it is your first time being arrested for DUI, the consequences of your action can be severe when you end up being charged and jailed. However, it is important to note that not all DUI cases are the same. Here is what you need to know about driving under influence cases in Orange County.
It can be confusing to understand DUI laws that apply to Orange County cases, especially if you don’t have the time to research on the latest laws. Even if you have the time to read the DUI legislation contained in the California Vehicle Code, it can be difficult to understand and interpret the laws unless you have been in law school before. Don’t worry, because we are going to simplify DUI in California so that you understand the options you have. If it is your first time to be charged with driving under influence in California, it is not mandatory you have an Ignition Interlock Device installed on your car. This is true unless your DUI arrest was in one of the following counties: Sacramento, Tulare, Los Angeles and Alameda.
As you may know, an Ignition Interlock Device (IID) is a breathalyzer that a driver is required to blow into before starting the car. In case the analyzed breath alcohol concentration is higher than normal, the Ignition Interlock Device will prevent your car’s engine from starting.
Remember when you are arrested in a driving under the influence case, you are not required to say anything to the police officers. In case you are asked by the officers if you have been drinking, remember that you are not obligated to answer their question. Just politely refuse to answer their question. If you say anything to the officers, it can, and likely will be used against you in your DUI court proceeding. When you are arrested for driving under influence you are required to submit a blood or breath test. Failure to do so may result in your driver’s license being automatically suspended. However, you can decline to take the optional PAS (preliminary alcohol screening) test that comes before arrest as long as you are 21 years and above and you are not on probation for driving under influence. But if you are arrested and you refuse the test, your license will be automatically suspended.
Under California law, it is considered unlawful for anyone to drive under influence of drugs or alcohol. You are also not allowed to drive in Orange County (or anywhere in California), if your blood alcohol content (BAC) is 0.08 percent or higher.
The legal age that someone is allowed to drink in California is 21 years. If you are caught drinking and driving while you are underage, or under 21, the DUI penalties will be different from older drivers. For adults who are charged for driving under the influence in California, penalties may include from 1 day to 6 months county jail sentence, fine ranging between $390 and $1000, probation for 3 to 5 years, and suspension of driver’s license for 1 to 10 months.
However, if you are arrested and charged with driving under influence for the first time, it does not mean you will get a jail sentence. You can generally avoid a jail sentence as long as you did not cause an accident or have a minor in your car during the time of the offense. Instead, you will serve probation for driving under influence.
Orange County courts are tough on offenders who are charged with DUI. That can lead to more severe punishment than you may expect. If you are wondering what the worst penalty would be, you need to talk to a DUI lawyer Orange County. The outcome of your DUI case will depend on how your DUI attorney Orange County negotiates with the prosecutor. When you hire an experienced DUI attorney, he will be able to argue your circumstance, character, and career as mitigation evidence.
In addition, a DUI attorney will outline factual problems and legal defenses to the prosecution. We are confident that our DUI attorney Orange County will negotiate your situation with the judge and prosecutor so that your charges are reduced and penalties are minimized.
Contact us regarding your Orange County DUI case
Our law firm practices DUI defense in Orange County, and we have handled thousands of cases in over 23 years of practice. Consult with us regarding the facts of your case, and let us see what we can do to help your case. Contact us today.