Bail
Many drivers who are arrested on suspicion of DUI in Orange County must remain in police custody until bail is posted. Orange County has its own bail schedule which outlines the bail amounts for your drunk-driving arrest. Bail may be increased if you refused chemical testing, where involved in an accident, or had a blood-alcohol-content of .20% or greater.
Bail may be posted in one of two ways -- the full amount can be paid (or posted), which is referred to as a “cash bond,” or you might choose to use the services of a bail bond agency. If a bail bondsman is used, then you will be required to pay only 10% of the total bail amount. Once the 10% is paid, the bondsman is responsible for posting the full amount of the bail that has been set by the court.
Locating a reputable bail bondsman and securing your loved one’s release from jail can be a confusing and difficult process. Our skilled Orange County DUI attorneys can help you locate a reputable bail bondsman and help secure your loved one’s release.
Time is of Essence!
In addition to the criminal court penalties that those accused of DUI face, the Department of Motor Vehicles (DMV) imposes its own administrative sanctions for drivers charged with drunk driving. The DMV case is time-sensitive and you have only ten (10) days from the date of your arrest to request a hearing with the DMV in order to avoid the automatic suspension of your driver’s license.
At the Orange County DUI Defense Group, we can assist you in applying for an administrative hearing and a temporary driving permit until the hearing is resolved. It is important to note that even if you win your DUI court case or are successful in getting the charges dismissed, your driving privileges could still be suspended by the DMV. However, our skilled Orange County DUI attorneys have been able to effectively challenge DMV suspensions. Contact us today!
1st DUI Offense
Many individuals who are charged with a first DUI offense in Orange County have never even been in trouble with the law before. Many of these individuals are unaware of their rights and defenses. It is important for individuals charged with a first Orange County DUI offense to retain an experienced Orange County DUI attorney who can advise them of their rights and provide the defenses they need. At the Orange County DUI Defense Group, we are dedicated to helping individuals charged with DUI. We offer free initial Orange County DUI case evaluations. Contact us today and get the help you need!
1st DUI Penalties
Individuals charged with DUI for the first time face a variety of consequences, including license suspension, fines, alcohol-education classes, probation, and potential jail time. The California Vehicle Code §23536 states:
“If any person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).”
In addition, first-time DUI offenders face a six-month license suspension as well as being placed on probation anywhere from one to five years.
First-Time DUI License Suspensions
As stated, a first-time DUI conviction automatically triggers a six-month license suspension which is imposed by the Department of Motor Vehicles (DMV) upon notification from the court that the conviction has occurred. If the DUI defendant is able to get the DUI charge reduced to reckless driving or an offense other than DUI, then the automatic suspension will not occur.
It is important to note that the above automatic suspension is only the result of a conviction. However, in addition to the court proceeding, the DUI defendant does face action which is independent of the court proceeding by the DMV. Once arrested for DUI, two cases are triggered – one with the court and one with the DMV. DUI defendants only have ten (10) calendar days from the date of arrest to request an administrative hearing. The failure to request this hearing will result in the automatic suspension of driving privileges. In addition, if the DUI defendant is not successful at his or her administrative hearing, the DMV will impose a four-month suspension. First-time DUI offenders who refuse chemical testing will face an automatic license suspension of one year.
If you have been arrested for DUI, it is important that you seek competent legal representation as soon as possible. At the Orange County DUI Defense Group, we can help to minimize the penalties that the court and the DMV may impose. Contact us today!
2nd DUI Offense
The consequences that stem from a second DUI offense are greater than those that result from a first DUI offense. California takes a harder stance against multiple DUI offenders and if you are convicted of a subsequent offense within a 10-year period, you will face even harsher penalties.
2nd DUI Penalties
- Potential jail time of 90 days up to one year
- Fines and penalties of approximately $3,000
- Driver’s license suspension of up to two years
- One to five years of probation
- Mandatory rehabilitation/alcohol education classes for 18 months
- Vehicle impoundment for 30 days
Experience by Your Side!
If you are facing a second DUI conviction, it is important that you consult as soon as possible with an experienced Orange County DUI attorney who may be able to help you avoid enhanced penalties. At the Orange County DUI Defense Group, our seasoned Orange County DUI attorneys are skilled at handling second DUI offense cases. We specialize in some of the most complex areas of DUI law. Our Orange County DUI lawyers will skillfully and relentlessly advocate to protect your rights.
We offer free Orange County DUI case reviews where we will go over the aspects of your case and help you plan your best defense. Contact us today!
*3rd DUI Offense
Multiple DUI convictions have consequences far more serious than those that result from a first-time DUI offense. In California, drivers convicted of a third DUI within a 10-ten year period, face a mandatory jail sentence. In addition, multiple DUI offenders face the possibility of losing their driving privileges for three to four years, which can make a big difference in their ability to support themselves and their families.
3rd DUI Penalties
- Six months to one year in jail
- Fines and penalties of approximately $3,000
- 1 to 5 years of probation
- Driver’s license suspension of up to three years or revocation up to four years
- 1 year interlock device installed on vehicle
- Mandatory rehabilitation/alcohol education classes up to 30 months
- Vehicle impoundment
Defending Your Third DUI
A third DUI conviction can have a life-long impact. If you have been arrested for the third time for drunk driving in Orange County, you need a skilled Orange County DUI attorney who is familiar with both California laws and the courts in Orange County. The Orange County DUI attorneys at the Orange County DUI Defense Group have the experience and knowledge you need to ensure that your rights are protected.
By investigating all aspects of your DUI case, the Orange County DUI attorneys at the Orange County DUI Defense Group will create the best possible defenses for you. Our highly-skilled Orange County DUI lawyers will review such issues as the validity of the stop and field sobriety tests given, the reliability of any chemical testing, and witness credibility. Our Orange County DUI lawyers are dedicated to aggressively protecting the rights of individuals charged with DUI.
We offer free Orange County DUI case evaluations. Contact us today to find out how we can help you!
4th DUI Offense
A 4th DUI charge can have a major affect on your life. As the number of DUI convictions rises, so do the legal consequences that stem from such convictions. Drivers who have multiple DUI convictions face felony DUI charges. It is automatic for a fourth DUI case to be classified as a felony. This means that the defendant faces mandatory incarceration. Typical penalties for a fourth DUI conviction within a ten-year period include:
- 16 months to 3 years in a state prison
- Driver’s License revocation of up to 4 years
- Probation for up to 5 years
- Fines and penalties of $5,000 or more
- Mandatory rehabilitation/alcohol education classes up to 30 months
- Mandatory installation of an interlock device installed on vehicle
- Vehicle impoundment
It is important to note that these penalties may be enhanced (increased) if accident involvement occurred, injury to a third party, or a child was in the car, etc.
Felony DUI Defenses
The complexities involved in fourth DUI cases are often vast. However, there are many valid defenses that can be raised to get charges minimized and possibly even thrown out. A stop that was not conducted properly and/or without probable cause, a violation of one’s rights, improper field sobriety administration and/or testing, improper administration of chemical testing and/or the possibility of tainted results, and even the past record of the arresting police officer, can all be credible defenses that can possibly result in the dismissal of a fourth DUI case. Additionally, a skilled Orange County DUI lawyer may even be able to go back and disprove the validity of a prior DUI conviction, which can help to avoid a fourth DUI conviction and felony charges.
Get Unparalleled Orange County DUI Legal Help!
Just as you would not operate on yourself, it is important that you seek expert Orange County DUI legal representation. Felony DUI charges require the special attention of a knowledgeable Orange County DUI lawyer who can expertly maneuver through the court system, building credible defense strategies along the way. At the Orange County DUI Defense Group, we will work relentlessly and aggressively to ensure that your rights are protected and only the best possible outcome is achieved.
With years of experience on our side, our Orange County DUI attorneys are familiar with the courts, the judges, and the prosecutors. We are highly qualified in devising effective pre-trial and trial techniques and will investigate all aspects of your case. Don’t take a chance with your freedom! We offer free Orange County DUI case evaluations; contact us today for yours!
Under 21 DUI Offender
California law differs when it comes to drivers who are 21 years of age or under who are caught driving while intoxicated. According to California Vehicle Codes §23136 and §23140, drivers 21 years of age or under are subject to DUI charges if their blood-alcohol-content (BAC) is .05% or greater. In addition, it is unlawful for drivers who are 21 years of age or under to drive with a BAC of .01% or greater. However, this violation is only subject to penalties imposed by the Department of Motor Vehicles. Driving privileges may be suspended for one year if their BAC is even .01%.
California has a “zero tolerance” law when it comes to underage drinking and driving. If an underage driver is caught driving with a BAC of .08% or higher, then the penalties are far greater and may even result in jail time. Most often, underage drivers charged with a DUI are required to attend an alcohol education/rehabilitation program for young offenders. However, in addition, the prosecutor may elect to charge an underage driver with the same DUI charges as an adult would be charged with. In so doing, the underage driver would face the same penalties that adults face, including hefty fines, electronic monitoring, community service, and incarceration.
Drivers who are under the age of 18 years at the time of arrest will have their cases heard in Juvenile Court. Juveniles do not have the right to a jury trial, which means that a judge will determine innocence or guilt.
Orange County DUI Help for Underage Drivers
Since the consequences for underage drivers can be quite severe, it is important that these drivers have an experienced, knowledgeable, and savvy Orange County DUI lawyer by their side. At the Orange County DUI Defense Group, we have the experience and knowledge you need. We understand the pain and embarrassment a DUI can cause. We understand that it can be an overwhelming experience and that the consequences of a conviction can have a grave impact on a young driver’s future. That is why our highly skilled Orange County DUI lawyers leave no stone unturned when it comes to building credible and successful defenses for our clients.
We offer free Orange County DUI case reviews. Contact us today and let us help protect your future!