DUI Attorney Orange County
DUI Attorney Orange County
Welcome to our website. We are the only DUI defense firm you need contact. Our practice specializes in DUI & DMV Defense. Our team approaches every case as if it were our’s or a loved one’s, because we have a stake invested too. Our associates reputations and pride are on the line here as well with every case and clients we represent. Hiring our firm means you are taking that pride into court with you, and a reputation that precedes us. We are well known in DUI courtrooms, because it is our specialty – and we are unmatched. Contact our dui attorney Orange County office.
We are one of California’s most respected law firms and attorneys in the area of DUI & DMV defense. We are dedicated to our clients and aggressively defend and protect them against an accusation of driving under the influence ~ in the courtroom and when dealing with the DMV.
Our concentration on the defense against DUI and the DMV has earned us a reputation we are proud of, and that reputation will be passed on to you. We refuse to be anything but the best in what we do, and how we do it. When our Attorney’s appear in court, the DA is fully aware of the challenge ahead, because they know DUI defense is all our firm does – and they know how well we do our jobs on behalf of our clients too. When our clients are accused by the Government for driving under the influence, it is our goal and passion to assure that they are given the best representation out there – and that is our dui lawyer Orange County Law office.
Orange County DUI Lawyer
Our Mission & Goals
Our stellar reputation with the Orange County courts, the Orange County prosecutor’s office, the Department of Motor Vehicles and with our future clients all relies on our successes with every case we handle. Our successful case history is outstanding, but our future starts with our zealous defense of you and your case.
Your DMV Case
Ideally you had contacted our office within 10 days of your arrest, this allows us the right to set up an Admin Per Se Hearing to challenge the Department of Motor Vehicles projected suspension of your driving privileges in the State of California. Our firm will contact the DMV on your behalf and acquire any and all information associated with your arrest, and all documentation on what actions the DMV has taken, or plans to take on the State of California’s behalf. In most instances, there is only one hearing with the DMV. We have in almost all of our driving under the influence cases opted to subpoena the arresting officer. We do this so that we will have the opportunity to cross-examine him or her in court. Our questioning may include gathering information on their background, training, experience with being an Officer in the State of California, and maybe more importantly their specific experience in DUI cases – the officer will testify to all of those inquiries, as well as to their specific procedures (or lack thereof) that were adhered to, or not, in your specific case and in general practice. Dependent on the number of witnesses called, there is a possibility of more than one hearing, and it is entirely up to you to attend any of these hearings. Our firm has a reputation, and you are part of that team when we represent you. With that in consideration, it is very important that you dress appropriately and respectfully in any hearing or court case that you are attending.
Your Criminal Case
Your arraignment is your first court appearance. At this hearing the judge will advise you of what charges have been filed against you and will request that a plea be entered on your behalf. From here, your Attorney will start to map your defense, he or she will have many decisions to make with your best interest in mind. The following actions may be taken by your attorney and~or defense team at this time: Considering which court we are dealing with, our team may decide to continue the arraignment, which would allow this office more time to evaluate the charges against you, do deeper investigation into the matter, and to give us more time to analyze the facts and evidence in your case. Whether we continue the arraignment or not, when we enter a plea, we will enter a “not guilty” plea on your behalf. At that time we will request and gather copies of the complaint and police reports pertaining to your arrest – under normal circumstances this is accomplished quickly and copy is sent to you for your review. At the conclusion of your arraignment the judge will decide if the court will impose any conditions upon you while your case is pending. If you are charged with a non-injury, non-lethal BAC DUI that is your first offense, it is unusual in California to have any further conditions put upon you, other than no drinking and driving. If though, this charge is more serious, or you have had a DUI in the past, the judge may set one or all of these conditions at your arraignment: an order for you to attend Alcoholics Anonymous meeting, he may set a higher bail, direct you to participate in a treatment program, and also the option to have an ignition interlock placed on your vehicle.
The next step is to schedule the next court appearance, this is a pretrial conference. At this conference, which happens prior to trial, numerous actions will be taken pertaining to your defense. We will be requesting the evidence against you be provided, the strengths and weakness of the case will be discussed and any negotiations will go on at this time. A schedule of future court dates and appearances will be discussed and set at this conference as well. After the first court appearance we will be requesting discovery from the law enforcement agencies, crime labs and the DA’s office prosecuting the case against you. Discovery is a way for us to gather all evidence against you pertaining to your prosecution. This process does not happen over night, and we have had many months go by before we have received all information and evidence against our client provided. The actual amount of time it takes, and the number of appearances regarding discovery is dependent on which agencies we are dealing with. It is imperative that we obtain all the information we possibly can, so that we can analyze the strength of the case against you and map out an informed defense on your behalf. These pretrial conferences serve us in many ways, beyond discovery, they also allow for us to discuss possible resolutions to your case as well. The number of pretrial conferences can never be predetermined, there are many factors that decide the total times we will be participating in them.
Orange County DUI Attorney
Pretrial
There are motions that we may file what are called “Pretrial Motions”. These are actions that we will take to challenge the DA’s evidence as admissible into your actual trial. This evidence that we challenge may include the blood or breath test taken, the field sobriety results, and any statements or videotaping gathered at the time of arrest. These pretrial motions help your case by the potential of having some of the prosecutor’s evidence thrown out, and in some cases pushing the DA’s office to be more inclined to offer a plea bargain, and has on occasion resulted in the charges being dismissed all together. These scenarios, of course, are all possibilities and we make no guarantees beyond our commitment to fight the best fight for you in every phase of your case. Thank you for visiting our post dui lawyer Orange County.
For a dui attorney Orange County office, contact our site.
From DMV
I’ve just been arrested for DUI. What happens now?
The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
At the time of my arrest, the officer confiscated my driver license. How do I get it back?
Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.
The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?
You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
The officer stated I refused to take a chemical test. What does this mean?
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:
· The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
· Both the blood or breath tests are not available, or
· You are a hemophiliac, or
· You are taking anticoagulant medication in conjunction with a heart condition.
How long will my driving privilege be suspended for not taking the chemical test?
If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
· A first offense will result in a 1-year suspension.
· A second offense within 10 years will result in a 2-year revocation.
· A third or subsequent offense within 10 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
· A first offense will result in a 1-year suspension.
· A second offense within 10 years will result in a 2-year revocation.
· A third or subsequent offense within 10 years will result in a 3-year revocation.
How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?
The DMV suspension or revocation is an immediate administrative action taken against your driving privilege only. This is called Administrative Per Se (APS). Any sanctions imposed by DMV under APS are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted for driving under the influence (DUI).
The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
V C Section 23152 Driving Under Influence of Alcohol or Drugs
Driving Under Influence of Alcohol or Drugs
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995.
NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective.
23152 (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle..
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.
Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995.
For more information visit http://dmv.ca.gov/
Welcome to our website. We are the only DUI defense firm you need contact. Our practice specializes in DUI & DMV Defense. Our team approaches every case as if it were our’s or a loved one’s, because we have a stake invested too. Our associates reputations and pride are on the line here as well with every case and clients we represent. Hiring our firm means you are taking that pride into court with you, and a reputation that precedes us. We are well known in DUI courtrooms, because it is our specialty – and we are unmatched. Contact our dui attorney Orange County office.
We are one of California’s most respected law firms and attorneys in the area of DUI & DMV defense. We are dedicated to our clients and aggressively defend and protect them against an accusation of driving under the influence ~ in the courtroom and when dealing with the DMV.
Our concentration on the defense against DUI and the DMV has earned us a reputation we are proud of, and that reputation will be passed on to you. We refuse to be anything but the best in what we do, and how we do it. When our Attorney’s appear in court, the DA is fully aware of the challenge ahead, because they know DUI defense is all our firm does – and they know how well we do our jobs on behalf of our clients too. When our clients are accused by the Government for driving under the influence, it is our goal and passion to assure that they are given the best representation out there – and that is our dui lawyer Orange County Law office.
Orange County DUI Lawyer
Our Mission & Goals
Our stellar reputation with the Orange County courts, the Orange County prosecutor’s office, the Department of Motor Vehicles and with our future clients all relies on our successes with every case we handle. Our successful case history is outstanding, but our future starts with our zealous defense of you and your case.
Your DMV Case
Ideally you had contacted our office within 10 days of your arrest, this allows us the right to set up an Admin Per Se Hearing to challenge the Department of Motor Vehicles projected suspension of your driving privileges in the State of California. Our firm will contact the DMV on your behalf and acquire any and all information associated with your arrest, and all documentation on what actions the DMV has taken, or plans to take on the State of California’s behalf. In most instances, there is only one hearing with the DMV. We have in almost all of our driving under the influence cases opted to subpoena the arresting officer. We do this so that we will have the opportunity to cross-examine him or her in court. Our questioning may include gathering information on their background, training, experience with being an Officer in the State of California, and maybe more importantly their specific experience in DUI cases – the officer will testify to all of those inquiries, as well as to their specific procedures (or lack thereof) that were adhered to, or not, in your specific case and in general practice. Dependent on the number of witnesses called, there is a possibility of more than one hearing, and it is entirely up to you to attend any of these hearings. Our firm has a reputation, and you are part of that team when we represent you. With that in consideration, it is very important that you dress appropriately and respectfully in any hearing or court case that you are attending.
Your Criminal Case
Your arraignment is your first court appearance. At this hearing the judge will advise you of what charges have been filed against you and will request that a plea be entered on your behalf. From here, your Attorney will start to map your defense, he or she will have many decisions to make with your best interest in mind. The following actions may be taken by your attorney and~or defense team at this time: Considering which court we are dealing with, our team may decide to continue the arraignment, which would allow this office more time to evaluate the charges against you, do deeper investigation into the matter, and to give us more time to analyze the facts and evidence in your case. Whether we continue the arraignment or not, when we enter a plea, we will enter a “not guilty” plea on your behalf. At that time we will request and gather copies of the complaint and police reports pertaining to your arrest – under normal circumstances this is accomplished quickly and copy is sent to you for your review. At the conclusion of your arraignment the judge will decide if the court will impose any conditions upon you while your case is pending. If you are charged with a non-injury, non-lethal BAC DUI that is your first offense, it is unusual in California to have any further conditions put upon you, other than no drinking and driving. If though, this charge is more serious, or you have had a DUI in the past, the judge may set one or all of these conditions at your arraignment: an order for you to attend Alcoholics Anonymous meeting, he may set a higher bail, direct you to participate in a treatment program, and also the option to have an ignition interlock placed on your vehicle.
The next step is to schedule the next court appearance, this is a pretrial conference. At this conference, which happens prior to trial, numerous actions will be taken pertaining to your defense. We will be requesting the evidence against you be provided, the strengths and weakness of the case will be discussed and any negotiations will go on at this time. A schedule of future court dates and appearances will be discussed and set at this conference as well. After the first court appearance we will be requesting discovery from the law enforcement agencies, crime labs and the DA’s office prosecuting the case against you. Discovery is a way for us to gather all evidence against you pertaining to your prosecution. This process does not happen over night, and we have had many months go by before we have received all information and evidence against our client provided. The actual amount of time it takes, and the number of appearances regarding discovery is dependent on which agencies we are dealing with. It is imperative that we obtain all the information we possibly can, so that we can analyze the strength of the case against you and map out an informed defense on your behalf. These pretrial conferences serve us in many ways, beyond discovery, they also allow for us to discuss possible resolutions to your case as well. The number of pretrial conferences can never be predetermined, there are many factors that decide the total times we will be participating in them.
Orange County DUI Attorney
Pretrial
There are motions that we may file what are called “Pretrial Motions”. These are actions that we will take to challenge the DA’s evidence as admissible into your actual trial. This evidence that we challenge may include the blood or breath test taken, the field sobriety results, and any statements or videotaping gathered at the time of arrest. These pretrial motions help your case by the potential of having some of the prosecutor’s evidence thrown out, and in some cases pushing the DA’s office to be more inclined to offer a plea bargain, and has on occasion resulted in the charges being dismissed all together. These scenarios, of course, are all possibilities and we make no guarantees beyond our commitment to fight the best fight for you in every phase of your case. Thank you for visiting our post dui lawyer Orange County.
For a dui attorney Orange County office, contact our site.
From DMV
I’ve just been arrested for DUI. What happens now?
The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
At the time of my arrest, the officer confiscated my driver license. How do I get it back?
Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.
The officer issued me an Order of Suspension and Temporary License. What am I supposed to do with this document?
You may drive for 30 days from the date the order of suspension or revocation was issued, provided you have been issued a California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.
The officer stated I refused to take a chemical test. What does this mean?
You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:
· The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
· Both the blood or breath tests are not available, or
· You are a hemophiliac, or
· You are taking anticoagulant medication in conjunction with a heart condition.
How long will my driving privilege be suspended for not taking the chemical test?
If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:
· A first offense will result in a 1-year suspension.
· A second offense within 10 years will result in a 2-year revocation.
· A third or subsequent offense within 10 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:
· A first offense will result in a 1-year suspension.
· A second offense within 10 years will result in a 2-year revocation.
· A third or subsequent offense within 10 years will result in a 3-year revocation.
How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?
The DMV suspension or revocation is an immediate administrative action taken against your driving privilege only. This is called Administrative Per Se (APS). Any sanctions imposed by DMV under APS are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted for driving under the influence (DUI).
The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.
V C Section 23152 Driving Under Influence of Alcohol or Drugs
Driving Under Influence of Alcohol or Drugs
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995.
NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective.
23152 (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle..
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.
Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995.
For more information visit http://dmv.ca.gov/