If you get convicted of a DUI in Orange County, here is what to expect.
In California, driving under the influence of alcohol and/or drugs (DUI) is considered a serious offense. Depending on your specific situation — if you have prior DUIs, if you caused an accident, if you were speeding, etc — you may even be charged with a felony crime. In most cases, however, first-time DUIs in Orange County are charged as misdemeanors offenses.
As a DUI attorney in Santa Ana, CA can explain, one of the unique features of California DUI law is that the various counties have some level of discretion as to the punishments handed down for DUIs. As a result, if you get a DUI in Orange County, you may face a different sentence than if you were convicted of a DUI in Ventura County or Los Angeles County.
There are two primary ways that you can be charged with a DUI in California (regardless of county). First, you may be charged with a DUI if you exceed the “legal limit,” which is 0.8% blood alcohol concentration (BAC) for most drivers (for drivers who are under the age 21, on DUI probation or operating a commercial motor vehicle, the legal limit is lower). This is known as a “per se” DUI. Second, you may be charged with a DUI even if your BAC is below the legal limit if you are unable to operate your vehicle with care that a reasonable sober person would use. In other words, if you are driving erratically, you could get pulled over and then charged with a DUI no matter what your BAC was (or if you are under the influence of drugs).
First-time DUIs are almost always charged as a misdemeanor. In Orange County, the typical punishment for a first-time DUI is 3 years of summary (misdemeanor) probation, mandatory 3 month drug/alcohol education class, a 1 day Mothers Against Drunk Driving (MADD) course, an 8 month license suspension, and fines and penalties of approximately $2,000. Importantly, you may be able to continue to drive even after a license suspension if you agree to have an ignition interlock device (IID) installed.
A second-time DUI in Orange County leads to much harsher penalties. A DUI is considered a second (or greater) offense if it occurs within 10 years of a previous DUI or alcohol-related driving conviction. This is known as the loopback period. For a second-time DUI, you may be facing 3 to 5 years of summary probation, 96 hours to 1 year in county jail, mandatory 18 to 30 month drug/alcohol education classes, community service and/or attendance at Alcoholics Anonymous, fines and penalties of approximately $2,000, and the installation of an IID. Your license will also be suspended for a second DUI.
As the number of DUIs within a look back increase, the consequences for a DUI conviction in Orange County do as well. That is why it is so important to contact a DUI attorney in Santa Ana, CA as soon as possible if you have been charged with a DUI.
At the Chambers Law Firm, we advocate for individuals charged with DUIs in Orange County and the surrounding areas. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a member of our team.
