DUI Defense: Areas We Serve
Recently been arrested for driving under the influence?
In the state of California, penalties associated with this type of crime
are extremely serious and, depending on the charge, life-altering in nature.
For this reason, if you are currently facing something of this nature,
you do not have a moment to lose.
Our legal team is proud to serve the residents of the following areas:
Gold & Witham also represents clients at the following courthouses:
The Orange County DMV Hearing
If you have been arrested for DUI or refused a chemical test, you only
have ten days to request a
DMV hearing. This is the administrative, not the criminal hearing. If you fail to
request this hearing within the ten-day timeframe, then you waive your
right to contest your license suspension. An Orange County DUI attorney
from our firm can represent you at the DMV hearing. In many cases, these
hearings are held over the phone but we believe the best chance of success
is by requesting an in-person hearing. Gold & Witham is also often
able to represent clients at these hearings without our clients present.
DUI Penalties in California
California Vehicle Code § 23152 is the statute which outlaws driving
under the influence of alcohol over the legal limit and driving under
the influence of drugs. If you are convicted of a DUI and your suspension
is not cleared at the DMV hearing, then you can face the following penalties:
can warrant up to six months of license suspension, up to six months in
jail, fines up to $1,800 and probation up to five years.
can warrant up to two years of license suspension, up to one year in jail,
up to $2,800 in fines, up to five years' probation and required ignition
interlock device (IID) installation.
rd and Subsequent DUIs
can warrant three years' suspension to permanent revocation, years
in jail, lengthy probation and IID installation.
DUI with Injury or Death can warrant three to four years in state prison (up to ten for gross negligence),
up to permanent license revocation and fines.
There are also stricter regulations for drivers of commercial motor vehicles
and drivers under the age of 21. For commercial drivers, the legal blood
alcohol concentration (BAC) is .04 percent and for underage drivers, there
is "zero tolerance" which means .01 percent or higher BAC could
constitute an arrest.
Challenging DUI Charges
To effectively challenge a DUI charge in an Orange County court or at a
DMV hearing, an attorney must understand the science behind a DUI in addition
to the California laws and police procedure for DUI arrests. In order
to be convicted for DUI and have your license suspended, the state prosecutor
must prove that your BAC at the time of driving was at or above the legal
limit. In test refusal cases, a defense attorney must prove to the administrative
judge that a suspension is not warranted. Because of this, DUI cases rise
and fall based on the evidence. DUI evidence includes police procedure
and chemical test results, primarily.
Field Sobriety Tests
Field sobriety tests are used by law enforcement officials to determine
if the driver whom they pulled over or stopped at a checkpoint might be
under the influence of alcohol or drugs. These are preliminary tests that
take place before a DUI arrest and can include the preliminary alcohol
screening (PAS) device, the walk and turn test, the one-leg stand and
horizontal gaze nystagmus.
Blood & Urine Tests
These are the chemical tests required by law after law enforcement has
made a lawful arrest. Refusing a chemical test is grounds for an automatic
license suspension. Breath tests are most common in suspected driving
under the influence of alcohol cases while blood and urine tests are more
common in DUI of drugs cases.
Law enforcement officials have to follow strict procedures when stopping
vehicles, making arrests and requiring chemical tests. If improper procedure
was used in any phase of the DUI process, then the evidence may be discounted
and the charged dismissed or reduced to something like reckless driving.
Contacting Orange County DUI Lawyers at Gold & Witham
Gold & Witham Orange County DUI attorneys have the experience, knowledge
and resources you need to combat your DUI head on. A drunk driving offense
can result in criminal penalties as well as administrative driving penalties,
placing financial burden as well as extreme inconvenience on your everyday
life. Call our law firm today to schedule a free evaluation of your case.
Trust Gold & Witham with your case!