Know Your Rights — DUI in Orange County

DUI in Orange County
Posted on: March 12th, 2014 by Daniel Grupenhagen 1 Comment

Defending a DUI in Orange County

Enduring a DUI arrest begins a series of events that you should familiarize yourself with when you prepare to hire a lawyer and defend yourself for a DUI in Orange County.

 

10 Day Rule:   The first thing to know after being arrested for DUI, is that you have ten (10) days to contact the DMV Driver’s Safety Office to request a hearing to stop them from taking you driver’s license, or your privilege to drive in CA.  As part of my representation of you, it is my desire to handle that request for you to obtain the best day and time, and make the proper request for you to keep driving while the hearing decision is pending.  In most cases, this allows you about 30 days to prepare.  Part of preparing the defense of your license at this Administrative Per Se (APS) Hearing, is obtaining the police reports, and consulting with an expert to help our team fight for you.

 

DUI in Orange County

Breathalyzer

Obtain the Police Reports:  A DUI case is initiated by and reliant upon the Police who are doing the investigation.  Their report is the basis for all the future action against you.  The reports are forwarded to the DMV for the APS Hearing, and also to the District Attorney for processing at court.  It is not your job or a good idea for you to attempt to obtain the reports yourself.  You don’t want to risk making further statements to the Police or the Prosecutor, and in my experience, you would only be given the run around when searching for them.  Let an experienced DUI Attorney handle the details.  I will make sure you have them as soon as I receive them, typically 10 days prior to the DMV hearing.

 

Select an Expert:  It is important to talk with your lawyer about having your own expert on board to prepare for the defense of your DUI.  The State will have an expert on their side ready to testify or prepare a report in your case in addition to the Police Officer who can arguably be qualified as an expert if your case is presented to a jury.  You should have one too!

 

The Court and a DUI in Orange County

Once you’re settled back home after the ordeal of a city jail or the County jail, a DUI in Orange County will include a court case.  I can’t stress enough the importance of getting your lawyer retained, and ready for court as soon as possible.  Even in the worst case scenario, the timing of the court dates and the action against your license are crucial for an experienced DUI Lawyer to manage properly to get you the best possible results.

The Court is a fast-paced, complicated process to the untrained.  Someone once said, “You wouldn’t do surgery on yourself.”  In the same way, a knowledgeable, local DUI Attorney can present your defense in a professional manner that relieves you of the dangers and mystery of a courtroom while providing zealous advocacy on your behalf.

 

Penalties Associated with a DUI in Orange County

The charge of driving under the influence, or DUI, sometimes called DWI, usually consists of two charges: VC 23152(a), and VC 23152(b).   The difference between them is that one applies when driving is impaired by alcohol and/or drugs, and the other applies when driving occurs when your blood alcohol content is over .08.   The similarity among them is that they both carry a maximum of $1,000 fine and/or 6 months in jail for a first offense.   Discuss the potential consequences with your DUI Attorney for a more complete statement of DUI penalties, especially as it relates specifically to you and your case.

 

If you are convicted of either charge, it counts as two points against your negligent operator count at the DMV.   As of 2005, conviction for DUI is “priorable” for the next ten years.   If you are arrested again for a DUI within that time, it will count as a second offense requiring mandatory jail time and a license suspension for one year. If you are caught driving while your license is suspended for a DUI in Orange County, the mandatory minimum jail term is 10 days.              

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