More than 200,000 drivers are arrested each year for driving under the influence in California.
The state of California takes the crime of driving under the influence of alcohol or drugs very seriously. Even though most first-time DUI offenses are charged as a misdemeanor (the less serious type of criminal charge), they still carry heavy penalties. That makes it all the more important that anyone charged with a DUI in California hire a top-notch Orange County DUI lawyer.
Under California law, there are two distinct types of penalties for DUI offenses. The first occurs immediately after you are arrested for a DUI, and without a criminal trial: administrative penalties issued by the Department of Motor Vehicles, or DMV. After you are arrested, the police will likely take your California driver’s license, and will issue a Notice of Suspension. You will then have 10 days to request a hearing with the DMV. If you fail to request a hearing, then your license will automatically be suspended. If you do request a hearing, then you will have the chance to prove that the police lacked probable cause to arrest you or that there is insufficient evidence that you were driving under the influence of alcohol or drugs. If the DMV hearing officer agrees, then the administrative suspension will not go into effect — but your criminal case will still move forward. If the hearing officer does not find in your favor, then your license will be suspended by the DMV until your case is resolved by the criminal court. Even if you do not win your California DMV hearing, your Orange County DUI lawyer can still gain valuable information by attending this hearing because he or she will learn about the prosecutor’s case, including its strengths and weaknesses.
The second type of penalty that you will face if you are charged with a DUI in California is criminal sanctions if you plead guilty or are convicted of the crime of DUI. If you are a first-time offender, you may be sentenced to up to $1,000 in fines, up to 6 months in county jail, a license suspension, and informal probation. The court will also sentence you to mandatory DUI school, which typically be from 18 to 30 months, and you will be required to carry a type of insurance for high risk drivers known as SR_22 for 3 years after your conviction.
Being convicted of a DUI under California law has many serious collateral consequences as well. Losing your license can make it difficult to get to school or work, or even to complete daily tasks, like taking your kids to school. It can also make it hard to maintain a professional license or even to get a job. That is why it is so vitally important to hire the best Orange County DUI lawyer possible. A skilled DUI lawyer will be able to fully investigate the facts of your case to put together factual and legal defenses to the charges against you. For example, there may be scientific reasons why your blood alcohol content registered higher than it truly was, and a knowledgeable DUI defense attorney can hire an expert witness to testify about this matter.
At the Chambers Law Firm, we are dedicated to defending people who have been accused of DUIs in Orange County and the surrounding areas. We offer free initial consultations, where we will explain your rights and your options for resolving your DUI case. Contact us today at 714-760-4088 or dchambers@clfca.com to learn how we can help you if you have been charged with a California DUI.
