DUI Charges
 DUI 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
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 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:
Many factors will be ignored unless you hire an experienced DUI attorney.
Call me now
for a free consultation.
YOU NEED a Lawyer in Orange County experienced
in DUI cases.
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