What is a DUI Charge?

DUI stands for Driving Under the Influence. Usually a DUI is charged under California Vehicle Code section 23152. DUI offences can be aggravated or mitigated for many different reasons. For example prior DUI offenses, death, injury, accidents, elevated alcohol levels, drugs can aggravate DUI charges. The more aggravated a DUI charge is, the more severe the possible punishment can be. DUI offenses can have possible sentences from as little as no jail time to life in prison. 

What is the Punishment for a First DUI Offense in Orange County?

The punishment for a first time DUI conviction varies but generally includes the following: 

Informal or summary probation (no probation officer assigned) for a period of three years.

Roughly $2200 in fines and penalties.

3-9 month long drug and alcohol program.

Completion of a Mothers Against Drunk Driving (MADD) one-day course.

California driver’s license suspension for a period of six months (in some cases, the use of an Ignition Interlock Device will allow the convicted to continue driving)

What is the Punishment for a Second Time DUI in Orange County?

Informal or Summary (no probation officer) probation for up to five years

Approximately $2200 in fines and penalties.

Jail sentence ranging from 60-90 days. 

18-month to 30 month drug and alcohol (SB38) program.

Community service

Ignition Interlock Device (IID) will be installed for a period of up to one year

What is the Punishment of a third time DUI in Orange County? 

Informal or Summary (no probation officer) probation for up to five years

Approximately $2800 in fines and penalties

9 months to one year in jail.

Mandatory 30 month drug and alcohol program

Ignition Interlock Device (IID) will be installed for a period of up to two years

How Long is Someone Held in Jail for DUI in Orange County, CA?

Those that are arrested on suspicion of DUI in Orange County, CA will be taken to the police station. Once there, a BAC or Blood Alcohol Content test will be taken. If the results show a BAC that is above the legal limit, 0.08%, then the suspect will be charged with DUI.

If it is the first DUI charge, he or she may be released on their own recognizance awaiting the arraignment. However, subsequent DUI charges or a DUI that also resulted in a serious injury may mean that bail will need to be posted before release. You will be held in jail until you are able to do so.

 

 

How Long is a DUI on Your Record in California?

When we talk about your "record" and how long a DUI will stay on your "record" we need to define what "record" means first. A record can mean the DMV record or your Criminal record. In California, a DUI will stay on your DMV driving record for ten years. For your criminal record, the state of California a “wash out” period for DUI convictions meaning they no longer count as a prior for the purposes of charging or sentencing. The washout period for your criminal record in California is 10 years. That means if you are convicted of a DUI, and ten years later you are arrested for another DUI, your new DUI would count only as a first offense due to the time period that has elapsed between the two arrests.

 

 

Will My License be Suspended Immediately After a DUI?

When you are arrested for a DUI, generally, the officer takes your physical driver license, and you may be given a 30-day temporary license. Usually this is evidenced by a pink piece of paper the officer gives you. This pink paper also informs you will have to request a hearing with the DMV in the county where the DUI arrest took place within 10 days if you want to fight for your license. If you fail to request a hearing with the DMV and the temporary license expires, your license will be suspended for a period of up to four months.

 

 

What Happens if I Refuse to Submit to a Breath or Blood Test on My DUI?

If you refuse to submit to a blood alcohol test or a breath alcohol test after you are arrested for a DUI, your license may be suspension more severely than if you had give a test and the test resulted in a .08%BAC or higher. If the DMV finds you refused the BAC test after being informed by the officer of the possible consequences of your refusal, you will be given a one-year license suspension without the possibility of getting a restricted license. If you are charged with a refusal, you should contact our office immediately. We have a successful track record of fighting refusal cases with both the DMV and with the Courts.

 

 

What if I get a DUI and I am Under 21 years old?

A DUI charge when you are under the age of 21 can mean a suspension of our license for one year. However, depending on your circumstances, you may be able to petition the DMV for a ‘Critical Need” restriction may be given in certain circumstances

Is a DUI in Orange County a Misdemeanor or a Felony Offense?

A DUI in Orange County may be charged with a felony or a misdemeanor. In most cases, it will be a misdemeanor charge. However, if you are being charged with a fourth time DUI in a ten-year period, it is an automatic felony charge. There are other reasons why you might be charged with a felony DUI even on your first offense. When a DUI results in “great bodily injury,” the charge can be moved up to a felony. Great bodily injury can refer to a passenger in your vehicle or someone injured in a collision with another vehicle. Another reason you may be charged with a felony DUI is if a previous DUI conviction was a felony. If someone is killed due to your DUI, you may be charged with a felony DUI as well

What is the Bail Amount for a DUI?

The bail amount you will need if charged with a DUI can vary. Factors that the court takes into account include your blood alcohol level,  any prior convictions you may have suffered, and whether there was an accident. It is very likely that bail will be set at $10,000 on the lower end, but it could be as high as $25,000. If a DUI caused bodily injury to another person, there is a chance that bail will be set at up to $100,000 and also a risk of the charge being upgraded to a felony.

Can I Pass a Background Check with a DUI?

If you are convicted of a DUI in California, it will most likely show up on your background check. However, an arrest without a conviction may not show up. DUI convictions will fall off a record after ten years, and there are ways to get a DUI charge removed from your record through the expungement process under Penal Code section 1203.4.

Is a DUI a Traffic Violation in Orange County, CA?

In the state of California, DUI laws are considered part of the state’s vehicle codes. In regards to your insurance and the DMV, a DUI is a traffic violation. However, a DUI conviction will be handled in criminal court as a criminal conviction. This is true even if you received only a summons or "ticket" from the officer who pulled you over. Just because the officer didn't take you to jail, doesn't mean you weren't "arrested" for a DUI.

 

 

How do I Get a DUI Off My Record?

There are two ways to get a DUI off of your record in California. The first is to simply wait it out because after ten years the DUI will no longer show up on your record. If waiting isn’t an option, you can seek an expungement of your DUI through a motion under Penal Code Section 1204.4. If an expungement is granted, you can legally say you have not been convicted of a crime.

Can a DUI Affect Getting a Job? Can I be Fired for a DUI?

A DUI conviction can definitely have career implications. There are many companies that will not hire people with DUI convictions, especially if the job involves any amount of driving. Think UBEr and LIFT. You can also be restricted from working for the government or for obtaining certain certifications and licenses. For those that get DUI at a young age, it can be detrimental to their college careers as well.

Does Marijuana Affect Driving Ability?

It is against the law to drive while under the influence of marijuana. It has always been assumed that cannabis, like alcohol, impairs the perception, coordination, reflexes and judgment necessary for the safe operation of a motor vehicle. And, of course, there have been governmental studies addressing the question: Does marijuana impair driving?

Interestingly, however, the findings do not necessarily support popular opinion….

On the one hand, the California Department of Justice has found that marijuana undoubtedly impairs psychomotor abilities that are functionally related to driving and that driving skills may be impaired, particularly at high-dose levels or among inexperienced users. "Marijuana and Alcohol: A Driver Performance Study", California Office of Traffic Safety Project No. 087902 (Sept. 1986).

Contradicting these conclusions, however, are two federal studies. The U.S. Department of Transportation conducted research with a fully interactive simulator on the effects of alcohol and marijuana, alone and in combination, on driver-controlled behavior and performance. Although alcohol was found consistently and significantly to cause impairment, marijuana had only an occasional effect. Also, there was little evidence of interaction between alcohol and marijuana. Accidents and speeding tickets reliably increased with alcohol, but no marijuana or combined alcohol-marijuana effects were noted. "The Effects of Alcohol on Driver-Controlled Behavior in a Driving Simulator, Phase I", DOT-HS-806-414.

A more recent report entitled "Marijuana and Actual Performance", DOT-HS-808-078, noted that "THC is not a profoundly impairing drug….It apparently affects controlled information processing in a variety of laboratory tests, but not to the extent which is beyond the individual’s ability to control when he is motivated and permitted to do so in driving". The study concluded that:


An important practical objective of this study was to determine whether degrees of driving impairment can be actually predicted from either measured concentration of THC in plasma or performance measured in potential roadside "sobriety" tests of tracking ability or hand and posture stability. The results, like many reported before, indicated that none of these measures accurately predicts changes in actual performance under the influence of THC…


The researchers found that it "appears not possible to conclude anything about a driver’s impairment on the basis of his/her plasma concentrations of THC and THC-COOH determined in a single sample".

Note: "THC" stands for Delta-9-tetrahydrocannabinol, which is the intoxicating ingredient in marijuana. THC is fairly quickly converted by the body into inert metabolites, which can stay in the body for hours or even days. It is these metabolites that police blood tests in DUI arrests detect and measure. In other words, (1) marijuana may not impair driving ability at all, and (2) the blood "evidence" only measures an inactive substance which may have been there for days. thc & marijuana detox
 

What is the Difference Between a DUI and a DWI?

Usually, they mean the same thing. DUI stands for driving under the influence. Some jurisdictions may use the term DWI, driving while intoxicated, instead of DUI. Both of the terms mean that a person operating a motor vehicle is suspected of having a blood alcohol level that is over the legal limit. In California, it is called a DUI.

Will My Car Insurance Increase After a DUI?

Getting a DUI can be quite costly, but the exact changes to your insurance policy will be dictated by your insurance company. If you have been charged with a DUI, it is a good idea to check with your company about any increased rates that may apply.

How Can I Expunge My DUI?

A DUI conviction can be expunged. It will require an attorney to file the necessary paperwork, and you will need to have successfully completed your probation beforehand. If you have not completed your probation, but have completed at least half of it, you may be able to file a motion to terminate your probation early. If the judge grants your early termination of probation, you can then file a motion to expunge your DUI.

 

 

Do First Time DUI Offenders Go to Jail in Orange County, CA?

Upon being arrested for a DUI, you will be taken to jail, even if it is your first offense. First offenders do not generally have to post bail and may be released under their own recognizance within one to two days of the arrest. Jail time is not usually given as a punishment of a first DUI unless there are extenuating circumstances.

Our premier Orange County DUI defense attorney, Randall T. Longwith. Although it is impossible to know exactly how a prosecutor will go about trying to convict an alleged drunk driving offender, having a former prosecutor represent you could give you the edge that you need to have your case dismissed.

Attorney Longwith knows what he would be going after if he were the prosecutor for your case. This insight is extremely valuable and can be used to your advantage. When it comes to your freedom, having these types of advantages can easily work in your favor.

A DUI or DWI defense attorney who is not a former prosecutor may still provide top-notch legal representation, but you will not receive representation that is able to “outsmart” prosecutors the way a former prosecutor is able to. Often times, prosecutors do not fully divulge their intentions or goals during settlement negotiations or jury trials. They may charge you with DUI, reckless endangerment, and several other things to try and strike a deal for just a DUI.

 

 

Officer pulled over for no reason. Can I fight my DUI?

​A Police Officer can't pull you over for no reason or just because he has a hunch that you may be driving under the influence of alcohol or under the influence of marijuana. The fourth amendment to the United States Constitution ensures that each citizen shall be "free from unreasonable searches and seizures." Consequently, if an officer pulls you over, he or she must have probable cause or, at a minimum, reasonable suspicion that a crime is happening.​ What this means is that an officer must have specific reasons for pulling you over that he can articulate. Usually, this means he must pull you over because you broke some traffic laws, such as speeding, driving too slow, swerving, running a stop sign, or any other traffic violation. If you have any concerns that you were pulled over without probable cause that you violated a traffic infraction, contact the Law Office of Randall T. Longwith today. Our attorneys have successfully had cases dismissed for unlawfully car stops. We aggressively fight for our clients by demanding audio tapes, demanding video tapes and filing suppression motions on behalf of our clients. When you can't afford to lose, call the Law Offices of Randall T. Longwith. We fight for you

 

 

If I only drank 2 beers, can I be arrested for a DUI?

Can I get a DUI when I wasn't in the car at the time of arrest?

 

Officer didn't read me my rights when I was arrested for DUI. Can I get my case dismissed?

 

DUI ticket shows Dui below .08. Will I have to go to court?

 

Breath test didn't work. Officers had to give me two tests because breath test didn't work. 

 

How man drinks do you have to drink to be arrested for a DUI

 

How long before a DUI is off my record?

 

Are breath tests reliable?

 

Are blood tests reliable?

 

Is a blood test more reliable than a breath test?

 

I was arrested for a DUI. Do I really need an attorney?

 

How long will my license be suspended for a DUI?

 

How do I get my license back after a DUI?

 

What is a SR22?

 

How do I get an SR22?

 

What is DUI Program and how do I sign up for DUI classes in Orange County?

 

The Driving Under the Influence (DUI) programs are State mandated programs, following conviction for DUI. The objective of the DUI program is to reduce the number of repeat DUI offenses by completing a State-licensed DUI program and to provide participants an opportunity to address problems related to the use of alcohol and/or other drugs. There are multiple levels of program, depending on the type of offense. The program levels, are sometimes referred to by their original names, based on the legislation that initiated them. The program level to which a defendant is ordered is tied to the person’s blood alcohol level (BAC) at the time of arrest and the defendant’s prior convictions for DUI. 

DUI programs are licensed and monitored by the California Department of Health Care Services (DHCS) and governed by Title 9 of the California Code of Regulations. Orange County is responsible for reviewing program licensure applications and making recommendations to the State. The County is also responsible for monitoring DUI providers licensed and doing business in Orange County to ensure compliance with Title 9, as well as, carry out liaison services between the Court, the probation department, DUI programs and interested parties at the County level. The County is responsible for developing and implementing the DUI programs referral system. For more information about referrals to a DUI program, see the link above: Alcohol Liaison Office (ALO). The County also responds to public inquiries and complaints. DUI Program Providers are responsible for adhering to Title 9 and their licensure regulations, and they are required to provide access to the County to enable it to conduct its monitoring responsibilities. 

The Court System has ultimate responsibility for making decisions about what program a defendant must complete in order to satisfy the court case. At the Court’s discretion, a defendant may be ordered to a program other than what is specified by the defendant’s blood alcohol level (BAC). See the DUI Frequently Asked Questions for more information. The DUI programs are designed to enable participants to consider attitudes and behavior, support positive lifestyle changes, and reduce or eliminate the use of alcohol and/or drugs. Below are the programs offered in Orange County:
 

Juvenile 

This program level is for underage drivers (under age 18) who are ordered into it as part of their probation. There is 1 provider in Orange County for this program level, Gold Coast Counseling. Youth ordered to the Juvenile program will be referred by the Probation department directly. 

Behavioral Health Training Services Reckless (SB 1176). For a list of juvenile DUI programs click here

This is a 12 hour alcohol and drug education program for persons arrested with measurable amounts of alcohol in their blood, but below the DUI limit. Drivers, ages 18 to 20, who are convicted of DUI may also be ordered to a similar program under Penal Code 23140. For a full list see the provider lists section. 

3 Month program (AB541) 

This is considered a first offender program for defendants with BAC levels in the lower end. It consists of 34 hours of drug/alcohol education, group counseling, face to face interviews and additional County requirements, as described by the providers. For a list of 3 month DUI programs click here

6 Month program (AB762)

This is considered a first offender program for defendants with higher BAC levels. It consists of 48 hours of drug/alcohol education, group counseling, face to face interviews and additional County requirements, as described by the providers. For a list of 6 month DUI program click here

9 Month program (AB762) 

This is considered a first offender program for defendants with the highest BAC levels. It consists of 65 hours of drug/alcohol education, group counseling, face to face interviews and additional County requirements, as described by the providers. For a list of of 9 month DUI program click here

12 Month program (AB762) 

This program is considered an “enhancement” for first offenders. The Court can, at its discretion, order a defendant to a 12 month program, usually depending on the circumstances of the offense and the person’s BAC. For a list of 12 month DUI program click here

18 Month program (SB1344) 

This is a multiple offender program. Defendants convicted for two or more DUIs, are typically ordered to the longer program. 18-month multiple offender programs consist of 12 hours of alcohol and drug education, 52 hours of group counseling, biweekly individual interviews, and 6 hours of community reentry monitoring. Additional hours may also be required by the County, as described by the provider. For a list of18 month DUI (SB38 Program) program click here

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What is a wet reckless DUI?

​wet reckless program click here

 

How do I get my license back after a DUI?

 

How much is a DUI lawyer in Orange County?

you get what you pay for. you can't afford to loose.​

 

How do I find the best DUI lawyers in Orange County?

avvo rating system click here. avvo.com​ click here.

 

Can I go to jail for a DUI?

 

How do I fight my DUI?

 

Where is the Fullerton Courthouse?

click here

 

What court do I go to if I was arrested in Yorba Linda?

click here

 

What court do I go to if I was arrested in Placentia?

click here

 

I was arrested for Drunk in Public in Fullerton. How do I fight it?

click here

 

I was arrested for DUI in Fullerton. How do I fight it?

click here

 

How do I obtain my DUI blood alcohol results in Orange County?

click here

 

How do I obtain my DUI breath alcohol results in Orange County?

click here

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