DUI Lawyer in Orange County, CA

What are the penalties for a DUI conviction?

The penalties for an DUI conviction include criminal court penalties as well as penalties imposed by the California Department of Motor Vehicles (DMV). License suspension, fines, court fees, jail time, community service, installation of an ignition interlock device and DUI programs are all possible penalties an individual convicted of driving under the influence will face. Specific DUI penalties are as follows:

• First DUI Offense:
  • Four month license suspension, three to nine months of DUI school, fines and court fees of $1400 to 1800, 48 hours to six months in county jail
• Second DUI Offense (within 10 years):
  • Two year license suspension, 18 months of DUI school, fines and court fees of $1800 to $2800, 96 hours to a year in county jail
• Third DUI Offense (within 10 years):
  • Three year license suspension, 18 months of DUI school (if not completed already), fines and court fees of up to $2800, four months to a year in county jail
• Fourth DUI Offense (within 10 years):
  • Felony DUI charge, four year or permanent license suspension, fines and court fees, six months to three years in county jail or state prison
• Vehicular Manslaughter:
  • Up to four years in state prison
  • With gross negligence, up to 10 years in state prison
• DUI Causing Injury:
  • Up to three years in state prison
  • With great bodily injury – additional three years in state prison

DUI Defense Attorney in Orange County, California

Most DUI cases come down to whether the driver had a blood alcohol concentration (BAC) at or above the legal limit (.08%, or .04% for commercial drivers and .01% for drivers under 21). Field sobriety tests will also play an important part in the prosecuting attorney being able to prove that the driver’s abilities were impaired. It is up to an Orange County DUI lawyer to prove that the driver was unlawfully stopped, the breathalyzer test or blood test was not accurate, field sobriety testing was improperly performed, or the driver’s rights were violated.

There are many other defenses an attorney may use in representing a client, but it will depend upon the particular case and circumstances surrounding the arrest, charges, etc. Orange County DUI penalties will vary depending upon the severity of the charge, and the number of prior DUI offenses, if any. Enhancements are actions which result in additional penalties. Some DUI enhancements include:

• A blood alcohol concentration of .16% or higher
• Previous DUI convictions
• Property damage or bodily injury caused by a DUI auto accident
• A minor under 14 years old in the vehicle with the drunk driver
• Excessive speeding
• Breath test refusal

At Gold & Witham, we understand that the penalties associated with DUI or DUI-related offenses are severe. Our DUI defense attorneys and lawyers take driving under the influence cases seriously and utilize our over 40 years of experience in this field to provide tailor-made defense strategies that will be most effective both at DMV hearings and throughout the entire DUI court process.

Contact an Orange County DUI lawyer at Gold & Witham today!