What Happens When You Have a Warrant for a DUI in Orange County?
A DUI warrant is an order from a judge to arrest someone who has failed to comply with a court order. Bench warrants are often used to enforce DUI laws before and after conviction. A person may receive a bench warrant if he/she violates the terms of probation or fails to appear in court.
In addition, if they do not obey the terms of their release then they can also have a warrant issued for their arrest. For example many judges will order that a defendant do several Self Help classes a week or to post bail upon being released as a condition of release. When the defendant does not do this, then the judge will want to take the person into custody. The judge will do this thru a Bench Warrant for a DUI.
In most cases, a DUI warrant in Orange County means that you may be arrested by police officers who have been given authority to do so by the court. This usually occurs when you fail to appear in any of the local courts of if you violated probation on your DUI.
This gives the law enforcement officer the authority to arrest you on the outstanding warrant regardless if you broke the law or not. For example, if you are stopped for speeding, then the officer finds out your have a warrant then he will have no choice but to take you into custody. Also, if you are involved in an accident by no fault of your own and the police come by then then you can get arrested too
Handling DUI Warrants in Orange County
In Orange County California, you can choose to ignore an outstanding bench or arrest warrant for driving under the influence (DUI). However, this may lead to further legal trouble and possible incarceration if you are picked up on it. Alternatively, you can address the warrant to avoid any further legal complications. These problems can involve being picked up on the warrant or the accumulation of additional criminal charges for not showing up to court or not completing your alcohol treatment program.
Do Police Look For You on a Bench Warrant For a DUI?
Most of the time the police will not look for you on a Bench Warrant for a DUI in Orange County. The one exception to this is if you live in South County or Stanton where the Orange County Sheriff contracts with the city for law enforcement.
What Happens If You Miss Your First DUI Court Date?
A person who fails to appear for a court date after being released on bond or recognizance is subject to arrest and incarceration if he/she does not show up within a specified time period. This is called a Bench Warrant. The typical scenario usaully plays out in Orange County for a DUI.
In Orange County CA many cases are not filed on the first day of court by he Orange County District Attorneys office. When this happens people are told to go back home and watch the mail because notice is sent to them to show up to court. Many times the notice will be lost in the mail or there is no accurate address to send the letter to and they do not give notice via email address.
The accused will not have notice of the court date and the formal process starting on their case. The court date will move forward and a active warrant for a DUI will be issued because they were not there. The bottom line is If you don’t show up in court for your DUI charge, the judge can issue a bench warrant for your arrest.
Complications of Failing to Complete Court Requirements (Probation Violation)
If you have been convicted of a DUI then you will be put on probation. You will have several terms for your probation. Some of these terms include Not to drink and drive with any measurable amount of alcohol, complete your alcohol education class without getting kicked out, no new criminal offense , and be on time with your payments.
Sentence requirements must be completed without deviation and any deviation can violate your probation and result in a DUI warrant. the bottom line is if these requirements are not met, the judge can charge you with a probation violation and you will have to go back to court. In addition, if this was a new crime then you may also face other charges in addition to your probation violation. Quashing and Recalling Warrants
A criminal defense attorney can file motions to quash and recall warrants on your arraignment hearing before arrests are made. Quashing a search warrant means having the judge nullify the warrant or render it invalid. Recall a warrant means reversing the order authorizing police to arrest you. Basically, quashing and recalling warrants makes the warrant invalid and removes the authority for police to make an arrest. Once a warrant is quashed, a new date is scheduled for criminal offense.
What to do Once a DUI Warrant is Issued
If a DUI warrant is issued then it’s important to not ignore it. An outstanding DUI warrant is a burden and will stress to your life especailly if you get picked up on it. You should contact a criminal defense attorney as soon as possible. Your attorney can file a motion asking the judge to quash the warrant and recall the warrant.
This will allow you to go out with the risk of being taken into custody. In addition, your attorney can work with you for the purpose of getting back into the alcohol programs you got kicked out of. However at the end of the day it is important that you stay out of any public location where there are police officers.
Is There a Warrant Out for My Arrest in Orange County?
Many people are aware they have an active warrant out for their arrest and other people are not sure but have a feeling they did not comply with the court and are curious about their case. If there is even the slightest possibility that you were issued a warrant for failing to appear or may not have completed the terms of your probation then you should consult with an attorney.
Alternatively you can check on the OCcourts.org and look up your case and you can also check the OC Sheriff site to see if there is an active warrant out for your arrest. We can help you figure out what is going on and defend you against your charge.
An Experienced Orange County DUI Lawyer Can Help
An experienced Orange County DUI lawyer can help you avoid jail time and fines. He or she will work hard to get your charges dismissed. Your lawyer will also fight for your rights when you are arrested. You can call us at at (714) 589-3063 we offer free initial consultations to help clients get a favorable result in their cases.