Why an Orange County DUI Defense Lawyer Is Essential If You Are Facing DUI Charges

Posted on: February 8th, 2024 by Dod Law

Orange County DUI Defense

A charge of Driving Under the Influence (DUI) in Orange County can have serious legal, financial, and personal implications. A DUI charge requires an experienced DUI defense lawyer who knows how to defend you and minimize any negative consequences. The right DUI defense lawyer will know how to fight your case and negotiate a favorable outcome. A skilled DUI lawyer can help minimize the impact your Orange County DUI has on your life; in fact, if your lawyer wins your case you may be able to have your DUI charges dropped from your record entirely.  Learn more about finding the best Orange County DUI defense lawyer.

An Orange County DUI defense lawyer can help you avoid a range of negative consequences. These consequences depend on the number of DUI you have received in the previous ten years and include:

License Suspension and Revocation

The most immediate consequence in many Orange County DUI cases is the loss of your California drivers’ license. When you are arrested for DUI, the police often confiscate your license on the spot and issue an admin per se license. This license is only good for thirty days, then it will translate into an automatic suspension or revocation, the length of which depends on how many DUIs you have:

• First DUI: six-month suspension
• Second DUI: two-year suspension without injury; three-year revocation with injury
• Third DUI: three-year revocation without injury; five-year revocation with injury
• Fourth or higher DUI: four-year revocation without injury, five-year revocation with injury
• Second offender with a prior felony: four-year revocation without injury, five-year revocation with injury

Your Orange County DUI lawyer can demand a DMV hearing to challenge this automatic suspension—but this process must begin within ten calendar days after your arrest. If you request a DUI hearing in time, you may be able to keep your driver’s license until your court outcome. Your DUI lawyer may even be able to ensure that you keep your license entirely if you are acquitted, charge is dropped or your attorney persuades the prosecutor to reduce your charge. Even with a suspension, your Orange County DUI attorney can help you shorten the time of your suspension and obtain a restricted license so you can drive to work.

Ignition Interlock Device

An IID is a breathalyzing device that you must use every time you start your car and at random intervals during its operation. Depending on the circumstances, you may be required to install an ignition interlock device (IID) in your car as a condition for reinstating your driver’s license. Even if you are not required to have one, installing an IID may help reduce the amount of time your license is suspended for and allow for greater freedom of movement, as restricted driver’s licenses without an IID only allow for driving to and from work and other approved destinations. An IID may be imposed in the following circumstances:

• First DUI: IID enables unlimited driving privileges
• Second DUI: Required for one year without injury; two years with injury
• Third DUI: Required for two years without injury, three years with injury
• Fourth or higher DUI: Required for three years with or without injury.
• Second offender with a prior felony: required for three years without injury, four years with injury.

Jail Time

The jail time penalties for a DUI conviction depend on the circumstances of the arrest. You may be held in jail for up to 48 hours even after your first DUI, but there is no minimum jail time. The jail penalties for a DUI vary based on the number of previous DUIs you have. Assuming no aggravating circumstances, the jail penalties for a DUI are as follows:

• First DUI: No minimum, but a potential for up to six months in jail
• Second DUI: Minimum 96 hours in jail, maximum 12 months
• Third DUI: Minimum 120 days in jail, maximum 12 months
• Fourth or higher DUI: 16 to 36 months

If there is injury or death associated with your DUI, the penalties can range from up to six months for a misdemeanor to 16 years to life for a felony causing death.

While jail is often a consequence of a DUI, you lawyer can help minimize or eliminate the amount of time you spend in jail. A good attorney is often all that stands between you and a lengthy stay in jail.

Probation and Classes.

A DUI conviction will always result in three to five years of summary probation. While on your probation, you will have to comply with a variety of conditions, including reporting to a probation officer and random drug and alcohol tests. Additionally, you will be required to take drug and alcohol classes which vary based on your previous DUIs:

• First DUI: Three- or nine-month program depending on BAC
• Second DUI: 18- or 30-month program
• Third DUI or higher: 30-month program

Financial Consequences

DUIs carry heavy financial burdens. Courts will generally impose fines of $390 – $1,000 as a base, then stack court costs and penalties on top of these fines. As a result, court-imposed