October 16

“Orange County DUI – What Happens After You Are Arrested?”

DUI

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The Scenario – You just got arrested for DUI in California. You’re not sure what to do. You don’t have your license anymore. You have this pink piece of paper and another piece of paper telling you what your court date is. How do you make sense of this?

Orange County DUI

 Once you are arrested for a DUI in Orange County you are taken into the police station. From the police station you will either sit there until you are released or you are taken into Orange County Jail.  If it is the latter then you will be taken into what they call the loop in Orange County Jail. The loop in Orange County jail is not known for customer service. After spending 6-12 hours in jail they will eventually release you. This is assuming that you are not subjected to bail. (see below to see whether you need bail for your Orange County DUI) 

What type of Deadlines am I looking at?

DMV Deadline in an Orange County DUI Case

The deadlines you are looking at in an Orange DUI is 2 folds. Your DUI is Seperated into 2 Parts (The DMV and the Court) DMV Proces has to do with Your Driver License Finally, during this process, as long as the APS hearing is pending, your license will still be good. Even if it’s after the 30 day period during the pendency of this hearing, they’ll give you what they call it. 

The two most important things that you need to remember is the DMV and the court process. If you remember nothing at all about this, remember from the DMV process, it’s going to be a 10 day deadline.

Court Deadlines 

And the court process is going to be what they call an arraignment dates, doing these two stages. It’s important that you use the DMV hearing to get the police report, breath logs and the video before your court date. So that way, by the time you get to court, we know what to do and where you stand on your case. And then from the court date, it would be a matter of negotiations or going to trial to fight your case.

 Your first court date will be what they call it an arraignment and a day where you can enter a plea of guilty or not guilty. The second court date will be a pretrial date. A pretrial date is a fancy way to say negotiations or going back and forth with the prosecutor about your case. It gives you an opportunity to get more discovery for your case, if you haven’t seen everything yet. And it also gives you an opportunity to go back and forth as far as the terms and how to resolve your DUI.

What is This Pink Piece of Paper They Gave Me After Arresting Me for a DUI?

After you get arrested for DUI in California, the officer will give you a pink piece of paper. This is what they call your temporary driver’s license. Your temporary driver’s license will be good for 30 days. After that your license will be suspended. Get the APS Hearing to Stop Your License From Being Suspended.

How Do I Avoid a License Suspension?

You want to avoid this license suspension. In order to avoid this license suspension, you have to request what they call an APS. Hearing. An APS hearing is an administrative per se hearing in regards to your DUI at a APS hearing, they determine whether or not the officer had reasonable cause to pull you over whether or not there was probable cause to arrest you and whether or not you were .08  or more at the time of driving. If any of these is lacking, then the case against your driver’s license is dismissed. .

On top of that during this APS hearing, and you can use this process to get the police report for your case, you can also use the subpoena power to get the video for your case and the breath calibration.

Temporary driver license. With this driver’s license, you’re able to drive as if your license has never been suspended. Court Has to Do with Your Criminal Record.

Deadline #1 Orange County Driver Safety Office for the Purpose of Keeping License Active

You will need to be aware of the deadline with the Orange County Driver Safety Office where they will determine your driving privileges. Your driving privileges will suspended in 30 days if you do not take any actions on your license.   By taking action you are putting a stay with the Orange County Driver Safety and requeting an APS hearing. The APS hearing will give you access to police reports and audio video for your case.

 

How Long is the court process for an Orange County DUI?

The court process for and Orange County DUI can take several months.  The arraignment for an Orange County DUI is typically 45 days from the date of arrest. In addition to this there are delays. In Orange County DUI the first court date usually results in a person or their attorneys coming to the courthouse to only find out that there case has not been filed which results in them making an empty case.

However, once Orange County DUI case gets going in court. There are several court appearances. The typical timeline for an Orange County is 90 to 120 days once the case gets going. This includes everything from arraignment, pretrials, motions, and the jury trial. What Courthouses

Can I Drive after being arrested for an Orange County DUI?

Yes. You can drive after being arrested in Orange County for a DUI.  There are dealines you have to watch for such as the 10 day deadline. In addition, you will be able to drive beyond the 10 deadline if everything was done right with the 10 day deadline.

 

What is the penalties for an Orange County DUI?

The penalty for an Orange County DUI deends on the severity and frequency of your case.  If you are a person who comes back a lot then the penalties for an Orange County will go up. For example, you have priors and keep racking up more Orange County Duis then they will give you more.  However, if this is your first time then the penalties will be less.

What is probation like on an Orange County DUI case?

In every Orange County DUI penalty there will be probation.  Probation means the court reserves the right to bring you back and sentence you to the maximum for your case. However, they will reserve that right and instead hold you to certain conditions. These conditions include but not limited to no new violations, obey your DUI classes do not drive without valid license and insurance, and submit to a chemical test of a police officer at their request.

 

What is the worse case scenario a for a 1 st Orange County  DUI with No Injury?

The worse case scenario for a 1st Time DUI in Orange County is 6 months in jail and a $ 1000 in fines which can total to about 4500-4800 dollars after penalties and assessment. The penalties and assessment is additional money that is tacked onto your base fine in Orange County. For example, if you have ever gotten a traffic ticket for 25 dollars you will realize it is not 25 dollar but 300 instead.  This is because of penalties and assessment.

What factors will affect my punishment in an Orange County?

The factors that will affect you penalty in a 1st time Orange County Dui are whether there was an accident and if there was whether it is property or whether another person was involved and if you were speeding.  In addition, the amount of alcohol you have in your system will also be taken into consideration.

The penalty for a first DUI in Orange County with no penalties and no enhancement is  3 years of probation and 2100 dollars in fines.  However, the prospect of a maximum sentence still hangs over your head and the Orange County Court still reserves the right to sentence you should you mess up during this time.

What is the worse case for a 2nd and 3 rd dui within 10 years in Orange County?

The worse case scenario for 2nd and 3rd DUIs is 1 year in jail.

How do I defend an Orange County DUI?

Fighting the Stop  

There are several defenses to fighting a DUI in Orange County.  One thing all DUI in Orange County have in common is the stop. There is always contact with an officer and the driver. The police officer must have a legitimate reason to have contact with a client in Orange County.  In other words, they can’t just stop a person because they do not like the way a person looks or they just have a hunch the person is up to no good.  The police to suspect a person is driving under the influence by the way they drive (this entails following them and observing bad driving)  or have some kind of observable law violation.  Often times, police cars will have dash cams that can either confirm or dispute the stop.  Dash cams should be to check every stop when it is available.

 

Retest the Blood Result

Blood result are supposeto reliable however this I not the case. Blood is suject to contamination as well.  When this contamination happens in an Orange County DUI thenit becomes worthless.   Contamination can happen via a few different ways.  It can either not have the right amount of chemicals in the vail to preserve the blood or the site (the skin) was not cleaned properly.

 

How Do I Fight Against the Machines?

 

Breathe Machines are not perfect. They are subject to maintenance and must be tested. If they read high then they must be recalibrated. These maintencnce records are available to be inspected via a subpoena from the  Orange County DMV or an informal discovery request from the Orange County District Attorneys office

My Blood Alcohol Content is below a .07.

Why are they still prosectuing me? 

Orange County DUI is treated differently from DUI’s in Los Angeles County, San Bernardino County and Riverside DUI. An Orange County DUI is very contentious at even low blood alcohol content because the Orange County District Attorney’s Office knows the jury pool does not like DUIs. There have been a string of DUI accidents making the newsw lately which affects the juror pool. 

Going Back in time and Saying You are Over .08. 

I have seen the district attorney go after an Orange County DUI even when the blood alcohol content is .07 which is below the legal limit.  They will argue that a person was higher than the legal limit at the time of driving. This means that a person was .08 or more at the time of driving.

They do this by ASSUMING and using a process called retrograde extrapolation. Retrograde Extrapolation in an Orange County DUI is not a perfect science.  Actually, it is BAD science.

How Does Retrograde Extrapolation in a DUI Work? 

Some of the things they will consider in an Orange County DUI is when a person stopped drinking. How much a person had to drink and what the person drank. There are more factors as well which is too much to go into in one article. They will assume that a person is already in the elimination phase. This means that a person has finished drinking a few hours ago and the alcohol is leaving the system at a steady pace. This pace is usually .015, however experts will often say something outrageous such as .10-.30. They will say .30 to cut off any argument of absorbing because often times a person’s first blow will be very high which can set up a rising argument. Instead of conceding this experts who work for the state who is prosecuting the Orange County DUI will account for this by saying instead of absorbing and causing the instrument to read higher, the person was actually just eliminating a lot of alcohol. .

 

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Court, DUI, Science


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