Orange County DUI Lawyer

DUI Charges in Orange County
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DUI Charges

DUI charges and informationDUI arrests in California, specifically Orange County, will trigger two separate cases. The first is the DUI case in criminal court; the second is the DMV case, where the Orange County DMV is empowered to suspend the driving privileges of those accused of DUI.

Orange County DUI cases can be charged under one of two theories: either violation of the DUI "per se" law (which is based only on the alcohol level of .08 or greater and not driving impairment), or under a theory where the prosecution must prove that the driver is "under the influence" of alcohol and/or drugs. "Under the influence" for the purpose of DUI is where the motorist is impaired and cannot operate a motor vehicle as a reasonable driver in a like position. Orange County DUI arrests made under this theory do not require any blood alcohol measurement. The arrest may be based entirely on the opinion of the arresting officer.

DUI cases may be "aggravated" (with harsher punishment and penalties) where the BAC is .15 or more, where there is a traffic accident, speeding, a minor is a passenger, refusal to take the chemical test, or any other attempt to evade police or flee the scene of a DUI accident.

Drunk driving defense is a specialized area. Many facets of the investigation must be explored by a qualified DUI attorney giving you the best possible defense. Issues may include the legality of the stop, the science behind the breath or blood testing, individual health issues that may affect the testing, the administration of the field sobriety tests (FSTs), and the legality of the arrest. You need an experienced Orange County DUI attorney to analyze your individual set of facts.

DUI punishment in Orange County will depend upon whether the drunk driving arrest is for a misdemeanor or a felony. A misdemeanor DUI case is one that may be punished by up to one year in jail while a felony drunk driving conviction may result in years spent in prison. (http://articles.latimes.com/2010/dec/23/local/la-me-1223-adenhartsentencing- 20101223)

First, second and third DUI arrests, without injury accidents are considered misdemeanors. However, while a first conviction has a maximum of six-months in jail, the subsequent convictions have one-year jail maximums along with other increased penalties such as fines, classes and driver's license suspensions. If there is an injury accident, the DUI will be charged as a felony and if convicted a state prison sentence may be imposed. If a fourth DUI arrest is made within 10 years from the first DUI arrest, a felony will also be charged.

Medical Perspective Regarding Alchohol

Students for Students Website About Driving Under the Influence

The Dangers of Drinking and Driving

DUI arrests can result in a variety of punishments. The sentence given for a drunk driving conviction in Orange County will depend upon the particular DUI charge, and the aggravating or mitigating factors.

DUI Brochure:
Volume 2 - The DUI 411 - Multiple DUIs
Volume 1 - The DUI 411 - Criminal and DMV Consequences


DUI and Criminal Defense Blog:

Checkpoints on St. Patricks Day and Throughout the Year


2nd DUI Arrest Information:

2nd DUI in Orange County California


3rd DUI Arrest Information:

3rd DUI in Orange County California


Felony DUI Arrest Information:

Felony DUI in Orange County California


Other Useful DUI Links:

2nd DUI?

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DUI and Criminal Defense Lawyer in Orange County California
19800 MacArthur Blvd. Ste. 300
Irvine
CA
92612
USA
J Phone: 949-275-6377