Driving under the influence (DUI) is a serious offense in Orange County, California, and can result in significant legal repercussions including the suspension of one’s driver’s license. The process after a DUI arrest is intricate and can be daunting for those unfamiliar with the legal system. The Orange Driver Safety Office plays a crucial role in this process. This comprehensive guide sheds light on the procedures and protocols to follow post-arrest, the types of evidence involved, potential consequences of a DUI conviction, and the benefits of seeking legal representation, among other vital information.
The Orange Driver Safety handles APS DUI Hearings. When you are arrested for a DUI in Orange County, you are given a pink temporary license. The pink license will enable you to drive legally for 30 days. At the end of the 30 days, that driver’s license will expire and your license will be suspended for 120 days. This guide will explain to you how to get that stay of suspension on your license( extend your driving privileges after a DUI ) and some of the pros and cons of getting one.
Things to keep in mind before you call Orange Driver Safety Office After Your DUI
You need to keep the 10 days in mind. This deadline is very firm and if you get it in on the 11th day then they will deny your request. There a few holiday exceptions but as an Orange DUI Attorney I just fax it in and I would recommend anyone doing it themselves or other attorneys do the same. The fax number is below.
Recently arrested for a DUI? Don’t wait! You have 10 days to act. Contact us today to guide you through the APS DUI Hearing process.
You can call or fax over to Orange Driver Safety after your DUI.
When Calling Orange Driver Safety Office You will have two options. There are options to faxing in the advantage is that your request will sit there while everyone else request gets filled. This means you will get a later hearing date. However, this means you have to play phone tag. But the fax method is excellent if you are running close to the 10-day deadline or if the deadline is going to land on a Saturday or Sunday
Using the Orange Safety Office to get check the evidence on your DUI
In addition to getting the police report ahead of your court dates, you can also get evidence on your DUI case you would normally not get. Machines are not never perfect and they should be checked and blood is often bad. It is no exception with a DUI. The breathe machine that was used for your DUI should be checked in this case. An Orange Driver Safety Office Subpoena will give you access to your maintenance logs and calibration methods and access to the blood so you can retest it for to fight your DUI.
Get Your pink license ready before Calling Orange Driver Safety Office.
Call Orange Driver Safety Office
Take Down the Name of the Person Answering the Phone at Orange Driver Safety
Orange Driver Safety Office will give you a date for your APS DMV hearing.
Watch for a New temporary license in Mail.
Legal Representation:
Hiring an experienced DUI attorney for your DMV hearing can help you navigate the process more effectively. An experienced attorney will send out subpoenas to the local agencies and get audio and video evidence on your case. In addition, an attorney will also be able to use the subpoena power to get an Officer into the DMV hearing for the purpose of asking him questions. This gives you an advantage in court because you will know what was said by the officer before actually going into court. The attorney can also use the subpoena power to retest the blood In your case.
Types of Tests and Evidence:
In Orange County, California for a DIY case, there are two types of tests that are used. The first type of test is a breath test and the second Type of test is the blood test. Each type of evidence impacts the case differently. When you choose a breath test. This means that the ability to retest it is gone. Once breath has been exhaled from the body, it disappears. This is not the case with blood. When you have a blood test, extra blood is kept inside the vial for retesting. Which test you pick can impact your ability to retest your blood later in a DUI case.
Ensure you have a fair chance in court. We can help you access and assess the evidence from your DUI arrest. From breath machine logs to blood tests, make sure your evidence is accurate.
Consequences of License Suspension:
The potential consequences of a licensed suspension is long term. Your insurance rates will be affected and on top of that there are possible employment implications as well. This is especially the case if your job is married with your driving privileges. You may not be able to drive a company vehicle anymore if you do not have a valid license. In addition to that, you will also have trouble getting around in your daily lives as far as going to church and the grocery stores. These are a few of the consequences of having a license suspension because of a DUI.
Legal Rights and Options:
People who are arrested for a DUI in Orange County do have legal rights. You have a right to legal representation at the DMV hearing as well as the Orange County Superior Court. In both settings, you have a right to challenge the evidence against you and also see it as well. In addition to this, you also have subpoena powers which is given to you, so that way you can find additional evidence on your case. These additional evidence are usually in the form of audio and video. However, in addition to that, there is also evidence in the form of retesting the blood and putting on expert witnesses to advocate on your behalf or interpret the current state of evidence. In addition to this, there are also rights afforded to you by law. You have a right to speedy trial, or if you have an attorney, you also have the right to have the attorney appear in court in your place. The Penal Code that allows this is Penal Code 977A.
Everyone has rights, even when faced with a DUI. Discover your legal rights and options post-DUI arrest. Click here to learn more.
Case Examples:
Different situations can play out and give you a set aside. A set aside is when DMV decides not to suspend your license and give it back. If you can show that the blood was still going up at the time of driving than a set aside is warranted. In addition, other ways to get a set aside is by showing that the officer did not have the time of driving correct. The evidence code can be used to knockout laypeople observations and force the DMV to have the people testify. More often than not, civilian late witnesses will not testify to driving. This makes Their statements to police officers inadmissible and hearsay Thus causing a set aside. Our office has secured many set asides at the Orange Driver Safety DMV offices through these scenarios.
Rehabilitation Programs:
Even if a person does suffer a driver license suspension, it is still possible to get our clients enrolled in a DUI rehabilitation program in order to get their license back. If a person suffers a license suspension at the end of the APS hearing, then they are required to enroll in a three month alcohol course if this is their first DUI and if this is their second DUI, then they are required to enroll in an 18 month program. By enrolling in these DUI programs They are able to avoid the full suspension. And hop on to the restricted license option.
Resources for Further Assistance:
For additional resources to the Orange driver, safety DMV, or their phone numbers, you can use our Tools and resource page at the top of this web page. The tools and resource also has DMV request templates that we use for our own office. The page also includes 3 month, six month and 18 month program that is required of you after you are suspended for a DUI.
What are the immediate steps someone should take after being arrested for a DUI in Orange County?
The immediate steps someone should take after being arrested for a DUI in Orange County is to take down the date that you were stopped. The reason for this is because you have 10 calendar days to set an APS hearing at the Orange County Driver Safety Office. Failure to do so will result in your license being expired and being suspended. Once you have this date. Now you would know there is 10 days in order to set a hearing. From here you can decide whether or not you want to hire an attorney, or if you want to consult with several of them for advice. In addition to this, you are also able to use the above instructions to set your own hearing, so that way you can survive the 10 days. Once you survive the 10 days, you can buy yourself some time to Hire an attorney.
How does requesting a stay of suspension work, and what are the pros and cons associated with this option?
A state of suspension stops the license suspension from happening. When you get pulled over for a DUI, you are handed a pink temporary license which will expire within 30 days of your arrest. By requesting a state of suspension when you request the APS hearing. You are putting the license suspension off until the pendency of the case. The pendency of the APS hearing can be up to 60 to 90 days. By requesting this, you are putting off the suspension and. The benefits are you are able to continue driving
What should individuals know about the types of evidence collected during a DUI arrest and how it can affect their case?
The types of evidence collected during a DUI arrest are an officers observation as well as the breath machine and the blood test. In addition to this, there are also audio and video of the arrest. These types of evidence can affect your case because they are direct evidence of what the officers saw that night. In addition, it is also direct evidence as far as what your blood alcohol level is at that night. These will weigh in on you being under the influence and being over 08. However, the video has the potential to contradict the officer’s evidence. It is important that you or your attorney watch this video and compare it with the police report.
Besides the immediate license suspension, what other consequences might arise from a DUI conviction?
Aside from an immediate license suspension from the DMV, there are other consequences that will arise from a DUI conviction. These other consequences will include fines and potential jail time. If there was a collision in the case, then there is a possibility of jail time and community service or Caltrans and physical labor. In addition, if there was a prior DUI, then there is a potential for jail time. In Orange County, California, when there is a DUI with the prior within 10 years. The District Attorney will be going after anywhere between 90 to 120 days in jail. There are also fines associated with the DUI arrest and conviction.
How can hiring an attorney benefit someone facing a DUI charge, and what specific services do attorneys provide in this process?
Hiring an attorney for your DIY will benefit you. When you hire an attorney for the DUI, they will navigate through the DMV and the court process for you. An attorney will grab all discovery and police report. In addition to this, the attorney will go out of their way and also get audio and video on your case to compare with the officers version of what happened that night. A local attorney will also be able to represent you at the DMV hearing without you being there. The courts will also allow a local attorney to appear on your case without needing you at court. The law that allows their attorney to do this is spelled out under Penal Code 977A.
Are there any programs or alternatives available to reduce the duration of the license suspension or mitigate the overall consequences of a DUI conviction?
Are there any programs or alternatives available to reduce the duration of the license suspension or mitigate the overall consequences of a DUI conviction? Programs and alternatives are available to reduce the duration of a licensed suspension. These programs include the three month, six month and 18 month DUI program. If you have a first DUI with a four or six month suspension, then you can reduce those suspension periods by. Enrolling into a three, six or nine month alcohol program may immediately get your restricted license. The restricted license lets you drive around. If you have a second DUI, then enrolling in the 18 month program may enable you to drive around if you have an ignition interlock device on your car.
Facing a license suspension? Explore available programs that can reduce its duration and get you back on the road sooner. Find out more about your options here.
Navigating a DUI arrest in Orange County requires timely and informed actions to minimize potential negative consequences. Understanding the role of the Orange Driver Safety Office, the nuances of evidence collection, and the broader implications of a DUI conviction is imperative. Equally important is the consideration of legal representation, as a knowledgeable attorney can offer guidance, present alternatives, and provide the best chance at a favorable outcome. Whether it’s leveraging available rehabilitation programs, challenging evidence, or understanding the nuances of license suspension, staying informed is your first step towards safeguarding your rights and driving privileges.
