Introduction
If you are driving with over 0.08 percent of alcohol in your blood system or under the influence of either alcohol or a controlled substance and you have a clean criminal record, then you can be prosecuted for a first offense DUI in Orange County. First, DUI doesn’t have to involve just alcohol. It can be either prescription or recreational drugs as well. In addition to this, the limit for a DUI is not just 0.08. You can also get prosecuted if your blood alcohol level is lower than 0.08 under the general DUI statute.
It’s important that you understand the legal ramifications and subsequent processes involved because they involve your rights. Additionally, it carries potential jail time and substantial fines. The maximum penalty for a first offense DUI in Orange County can be six months in jail and a $1000 fine.
Understanding a First DUI Offense
A DUI is not just about having over 0.08 percent of alcohol in your system. There is also the general DUI while you were driving under the influence of alcohol or a controlled substance. For instance, you could be at 0.06 but still be driving under the influence. Current DUI laws have the 0.08 limit because, a long time ago, people started beating the DUI charge by itself.
Circumstances Leading to DUI Arrest
The most common situations leading to DUI arrests involve driving on the freeway in Orange County, California. Most of the DUI arrests come off the 22, the Five, and the 405 Freeway. DUIs that happen on the 22 usually go to the Westminster courthouse, those on the Five go to the Santa Ana courthouse, and those on the 405 Freeway are split between Westminster and Harbor courthouse.
When dealing with DUIs involving marijuana, it’s essential to note that the Legislature has not quantified a certain amount that would convict a person, otherwise known as a per se limit. Instead, there are toxicologists who come in and give a subjective opinion about whether a person is under the influence or not, based off the amount of THC and Carboxy THC in the system.
Other types of DUIs involve hit and run, sleeping in a car, and bodily injury type DUIs. It’s important for your advocate to be familiar with each type of DUI because they all have different approaches to them.
Post-Arrest Process
The initial investigation of a DUI is almost always the same. It involves being stopped by a police officer, asked several questions, then subjected to a field sobriety test and ultimately a breath test. After this breath test, if results are positive, it leads to an arrest and the person will be taken to either the county or the police station. From here, they would get booked and released.
It’s crucial to acquire audio and video evidence at this point because not everything the officer puts inside a police report will be true. Comparing this with what is on the audio and video is vital, as many times audio and video will contradict what is reported by the officers.
DMV Hearings & License Issues
After being arrested, there would be two types of hearings. The first type would be a DMV license hearing, known as an APS at the Orange Driver Safety Office . The rules of evidence are also far more relaxed here than in court.
The case will also go into state court. The state courts in Orange County are either Fullerton, Westminster, Santa Ana, or Newport Beach. These courts will determine the fines you have to pay and any potential jail time that you have to do because of your offense.
Financial Implications
The cost of a DUI will include fines, fees, and also increased insurance premiums. All these things come into play and add up over time.
Consequences & Repercussions
A DUI conviction means it will be rated for two points on your driving record, the same as an at-fault accident. If you get four points over two years, then your license can get suspended for negligent operation by the DMV. A DUI will stay on your driving record for 10 years.
Importance of Legal Representation
Self-representation on a DUI is a risky move. A seasoned DUI attorney will be able to spot issues in the paperwork and get you the best possible resolution.
Courts in Orange County
Each one of these courts in Orange County handles first-time DUIs a little differently. It’s crucial to understand the nuances of each court to prepare adequately.
What is considered a first offense DUI in Orange County?
A first offense DUI in Orange County can mean either it’s your very first DUI, or you have not had a DUI within 10 years.
How severe are the legal ramifications of a first DUI offense in Orange County?
Every DUI offense is serious. However, the legal ramifications for a DUI are not world-ending for an individual if handled correctly. If managed properly, a first DUI offense can be expunged after probation. Additionally, fines and classes can be minimized.
How can an attorney assist me in navigating the post-arrest process in Orange County?
An attorney can assist in navigating the DMV aspect of a first DUI in Orange County, helping to keep your license active during the pendency of your case. The attorney will also negotiate on your behalf with either the judge or the DA, depending on who offers a better resolution for your case. Additionally, an attorney will secure the police report and allow you to review it along with any available audio and video for comparison purposes.
How does refusal to undergo chemical tests impact my case and license?
A refusal during a test can result in either a one or two-year suspension. It’s a two-year suspension if you’ve had a prior DUI and a one-year suspension if you never had a DUI before. It’s crucial to understand that these refusals only come into effect after you’ve read the admonition and are informed that your license will be suspended.
How do prescription medication cases differ in prosecution?
For prescription medications, there is no per se limit or clear-cut threshold. Each person has a different tolerance level for each drug, and drugs affect people differently. Thus, it is impossible to establish a specific level at which everyone can be said to be intoxicated. This variability makes the case much more challenging for a District Attorney to prove.
What are the financial implications of getting convicted for a first DUI offense?
The financial implications of getting convicted for a first DUI include several thousand dollars in fines, class fees, and increases in insurance premiums.
How does a first DUI conviction impact my driving record and life?
A DUI conviction will impact your life by tarnishing your record. Having a conviction means you will no longer have a clean record, and you must disclose it when applying for jobs. Additionally, a first DUI will impact your driving record, affecting your insurance premiums for ten years following the conviction.
What is the importance of having legal representation for a first DUI offense in Orange County?
Legal representation can make navigating your first DUI offense substantially smoother. You won’t have to speculate whether the District Attorney or the police report is exploiting or misrepresenting the facts. Your attorney will go over the police report with you, compare it with the audio and video, and verify the accuracy of breath machines and blood tests. In short, you won’t have to rely on someone’s word. An attorney will also help mitigate damages and keep your license active.
How can an attorney assist me in cases where restitution hearings are scheduled?
Restitution hearings can only cover actual expenses or out-of-pocket costs, not speculative profits or expectations. If you owe someone for damages to their car, you are liable for those damages, but not for any speculated profit they claim to have lost. They can ask for it, and the District Attorney will represent them, but they are not legally entitled to speculative profits. An attorney will help identify and challenge such claims.
Conclusion
Navigating through a first DUI offense in Orange County is a complex process involving multiple legal parameters, court proceedings, and potential consequences. A proper understanding of the laws, the arrest process, the importance of legal representation, and the various courts in Orange County is crucial for anyone dealing with a DUI charge. Equipping oneself with this knowledge can aid in making informed decisions, ensuring a fair trial, and possibly mitigating severe repercussions.
