Huntington Beach DUI Lawyer

Huntington Beach DUI Lawyer

Driving under the influence of alcohol or drugs (DUI) is a serious offense in California, carrying significant legal consequences. If you are facing DUI charges, it’s essential to have a skilled Huntington Beach DUI lawyer on your side, as California’s drunk driving laws are particularly stringent. The penalties for a DUI conviction can vary based on the specifics of the incident and whether you have prior DUI offenses. Additional penalties may apply if your actions resulted in injuries to others. A DUI conviction can have severe and lasting impacts on your life. If you are dealing with DUI charges in Huntington Beach, CA, the attorneys at Dod Law are here to help you build a strong defense to protect your rights.

Hiring a Huntington Beach | Orange County Lawyer

A DUI charge can have lasting repercussions, leading to significant fines, jail time, and the loss of your driver’s license. Losing your ability to drive can severely impact your daily life and damage your reputation. At Dod Law, attorney Dod Ghassemkhani and his team are dedicated to achieving the best possible outcome for your case. With 20 years of legal experience and over 6,500 criminal cases handled, Mr. Ghassemkhani is a seasoned and trustworthy criminal defense lawyer. Don’t hesitate to seek the legal help you deserve. Reach out to Dod Law to discuss your legal options with a skilled DUI Defense Attorney in Hungtington Beach, California.

Huntington Beach DUI Arrests | Orange County

DUI arrests typically begin when a traffic officer instructs you to pull over. After stopping, the officer may conduct field sobriety tests and ask you to blow into a breathalyzer. If your blood alcohol concentration (BAC) exceeds the legal limit, you will be arrested and taken to the police station, where you may be asked to undergo additional tests, such as a blood or breath test.

If you’re arrested for a misdemeanor DUI, you may be released from jail within a few hours, usually after posting bail. Upon your release, you will be issued a citation and a pink temporary driver’s license. If you are a California resident, your driver’s license will be confiscated and sent to the DMV.

Driver’s License Suspension

Your driver’s license can be suspended by either the court or the DMV, depending on the circumstances. While the court can decide to suspend your license based on the specific DUI offense, it is the DMV that enforces the suspension, as the judge does not have the authority to do so directly. To prevent the court from notifying the DMV, you might negotiate a reduced charge, such as wet reckless, during a plea bargain.

The DMV can also suspend your license if you violate administrative laws. You have ten days from the date of your DUI arrest to request a DMV hearing in order to temporarily delay or challenge the suspension. If you fail to request a hearing within this period, the DMV will automatically suspend your license. However, if your chemical test shows a BAC of less than 0.08%, the DMV will not suspend your license.

Distinction Between Administrative License Suspension and a Court License Suspension

A court trial is focused on determining whether you are guilty of a DUI offense, while a DMV hearing is specifically concerned with the suspension of your driver’s license. The DMV hearing will also examine the details of your arrest. While appearing in court is mandatory after a DUI arrest, requesting a DMV hearing is optional. It’s important to understand that winning a DMV hearing does not impact the court’s verdict.

Because a DMV hearing can be complex, it’s crucial to have a criminal defense attorney by your side. If you lose the hearing, your license will face an administrative per se suspension. However, the DMV may allow you to continue driving if you install an ignition interlock device (IID) in your vehicle.

DUI Crime

When facing a DUI charge, the prosecutor must establish several critical elements to prove your guilt. They need to provide compelling evidence that you either breached DUI laws or acted negligently. The outcome of your BAC test is often a significant factor in strengthening the prosecutor’s case. Key elements that the prosecutor must prove include:

Violation of a California DUI Statute
You can be charged with a DUI only if your actions are classified under specific DUI statutes. The prosecutor may allege that you violated laws such as Vehicle Code 23152(a), Vehicle Code 23153(b), or Vehicle Code 23153(f), among others. Your sentencing will depend on which statute you are found to have breached.

Negligent Driving When Pulled Over
Negligent behaviors like reckless driving or speeding can be used to demonstrate that you were driving carelessly. These offenses can serve as probable cause for a DUI arrest. If convicted of driving negligently while under the influence, the judge may enhance your penalties.

BAC of 0.08% or Higher
If your chemical test shows a BAC of 0.08% or higher, you can be convicted under Vehicle Code 23152(b). The prosecutor may present the test results as evidence against you. A BAC at or above this level indicates significant impairment, suggesting you were unfit to drive.

 Blood Alcohol Concentration Levels

Blood Alcohol Concentration (BAC) is the standard measure used to determine the level of alcohol in a driver’s bloodstream, helping law enforcement assess whether a motorist is driving under the influence. If your BAC exceeds the legal limit, it indicates intoxication. Under Vehicle Code 23152, the legal BAC limits vary based on age and vehicle type:

• 0.05% for drivers under 21
• 0.08% for adult non-commercial drivers
• 0.04% for commercial drivers
• 0.04% for taxi, ride-sharing, or limo drivers

BAC chemical tests are typically admissible in court for DUI cases due to their scientific accuracy. These tests can be conducted using either breath or blood samples.

• Breath Tests: These tests provide immediate results and are usually performed using a breathalyzer shortly after an arrest. They measure the alcohol content in the air from your lungs.
• Blood Tests: Blood tests are more accurate but also more invasive, as they involve drawing a blood sample to determine your BAC. Part of the blood sample is stored, while the other part is sent to a lab for analysis. The results typically take a few weeks. Your attorney can have the stored sample independently tested for accuracy.

DUI And Military Officers

U.S. military officers are not exempt from DUI charges and can face significant consequences if found guilty. Penalties may include rank reduction, imprisonment, fines, loss of security clearance, and potentially even a dishonorable discharge. Military officers could be tried in a military court under Military and Veterans Code 450, which outlines different types of courts-martial:

• Summary Court-Martial: For minor offenses. It is the least formal and quickest type of court-martial.
• Special Court-Martial: For more serious offenses, offering a wider range of penalties than a summary court-martial.
• General Court-Martial: For the most severe offenses, capable of imposing the harshest penalties, including dishonorable discharge and lengthy imprisonment.

If a civilian police officer initiates the DUI arrest, the officer could face charges in a civilian court. In addition to civilian court penalties such as mandatory substance abuse treatment, DUI school, and license revocation, the officer might also face further administrative actions from their commanding officer. They could be tried for the same offense in a military court, depending on the circumstances.

Military Veterans Facing DUI Charges

If you’re a veteran convicted of a misdemeanor DUI and suffer from emotional or psychological trauma, you might qualify for military diversion programs under Penal Code 1001.80. This provision is designed for veterans dealing with:

• Sexual trauma
• Traumatic brain injury
• Post-traumatic stress disorder (PTSD)
• Substance abuse
• Other mental health issues related to military service

The program can temporarily or permanently suspend your criminal proceedings. It acts as a form of probation or deferred adjudication, allowing you to meet certain conditions, which may include participation in federal or community-based treatment programs. By enrolling, you’ll receive specialized treatment to address your specific mental health challenges.

DUI’s and Out-Of-State Motorists

Out-of-state drivers are not exempt from DUI charges. If you’re arrested for having a BAC of 0.08% or higher in California, you’ll face a 30-day license suspension. During this period, your original driver’s license will be confiscated, and you’ll be given a temporary license. Once the temporary license expires, your suspension will begin.

Law enforcement must have probable cause to initiate a DUI stop. Charges can only be filed if it’s proven that your BAC was 0.08% or higher, or if your driving ability was impaired due to intoxication. To challenge the suspension, you must request a DMV administrative hearing within ten days of your arrest. If the DMV upholds the suspension, it can affect your home state’s driver’s license as well. California adheres to the Interstate Driver’s License Compact (IDLC), which ensures that each motorist has a single driving record and license across all states.

DUIs Have Negative Consequences for Your Career

Even if you have served your sentencing or other negative consequences of a DUI conviction, a DUI can impact your future career and prospects. When you apply for a new job, a background check is usually required, and a DUI is seen as a liability. Having an experienced attorney in Santa Ana, CA on your side may help you get charges dropped or acquitted.

Costly Financial Consequences

DUIs are costly. The following are potential financial consequences of a DUI conviction:

• California DUI fine: A fine for a first-time DUI offense can be $1,000 or more.
• Penalty assessments: These fines are associated with court costs and other state costs. For a first-time DUI conviction, they may be $1,000 or higher.
• Mandatory DUI program: You may be ordered to take DUI schooling or a program that you must pay for out of pocket. Costs can range from $500 to several thousand dollars, depending on the length of time you are ordered to attend.
• Vehicle costs: Your car may be impounded, and you will pay for each day an impound lot fee.
• Interlock Device fee: You have to pay for a mandated interlock device and installation.
• License costs: Driver’s license reinstatement fees.
• Insurance fees: A DUI on your record will raise your car insurance rates.

What to Expect After a DUI Arrest in Huntington Beach

If you’re arrested for a DUI in Huntington Beach, Orange County, CA here’s what you can expect:

1. License Suspension: Your driver’s license will be immediately suspended upon arrest. To prevent this, you must request a DMV hearing within 10 days, which allows you to contest the suspension.
2. Arraignment: At the arraignment, you’ll enter a plea of guilty, not guilty, or no contest. Your case might go to trial if a resolution isn’t reached beforehand. If it does, a jury will determine the outcome.
3. Defense Preparation: Your attorney will work with you to build a strong defense. This might involve challenging the arrest procedures, questioning the reliability of evidence, or identifying any legal violations that occurred during your arrest.
4. Potential Penalties: If you’re found guilty, the penalties can be severe. These may include fines, jail time, mandatory education or rehabilitation programs, and license suspension or restricted driving privileges. The severity of the penalties depends on factors such as prior offenses, any injuries caused, and the judge’s discretion. An experienced DUI lawyer can help negotiate for reduced penalties.

It’s crucial to consult with a skilled DUI attorney to protect your rights and potentially mitigate the consequences of your arrest.

Frequently Asked Questions About DUI in Huntington Beach, Orange County, CA

Do I have to take the field sobriety test?
No, you are not required to take a field sobriety test or a roadside Preliminary Alcohol Screening (PAS) breath test. However, if you are arrested, you must submit to either a blood or breath test. Refusing this test will result in a one-year suspension of your driver’s license.

How can a Huntington Beach DUI Attorney help me?
A DUI attorney can help you navigate the legal challenges associated with your case. After your arrest, you must contact the DMV within 10 days to avoid an automatic license suspension. An experienced lawyer can stop the suspension, schedule a hearing, and represent you in criminal court, working to protect your rights and minimize penalties.

Speak With an Experienced in Huntington Beach DUI Attorney at Dod Law Today!

A first-time DUI in California can have serious, lasting effects. At Dod Law in Orange County, you’ll find the expertise you need. Attorney Dod Ghassemkhani is a seasoned criminal defense lawyer with over 6,500 cases under his belt. He holds a 10.0 “Superb” rating on Avvo and has been recognized as one of The National Trial Lawyers: Top 100 Trial Lawyers. Specializing exclusively in criminal and DUI defense, Attorney Ghassemkhani is available 24/7 to help. Contact Dod Law for a free consultation.

To schedule a free consultation with a member of our first-class legal team, call us today at our Santa Ana Orange County office 949-681-7020 | San Diego office (619) 814-5110 | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form