- What is a DUI Charge?
- What is the punishment for the first DUI in Orange County, CA?
- What is the punishment for the second DUI in Orange County, CA?
- What is the punishment for three or more DUIs in Orange County, CA?
- How long are you held in jail for a DUI in Orange County, CA?
- How long is a DUI on your record?
- Is your license suspended immediately after a DUI?
- Is a DUI in Orange County a felony or a misdemeanor?
- What is the bail amount for a DUI?
- Can you pass a background check with a DUI?
- Is a DUI a traffic violation in Orange County, CA?
- Do first time DUI offenders Go to Jail in Orange County, CA?
- Can you expunge a DUI in Orange County, CA?
- How much does car insurance go up after a DUI?
- What is the difference between a DUI and a DWI?
- Can a DUI Effect Getting a Job? Are there Career Implications?
- How do you get a DUI off Your Record?
What is a DUI Charge?
DUI stands for driving under the influence. The exact charges that are given during an incident can be related to a number of factors. Whether or not the driver has a previous DUI conviction or the level of intoxication can be a mitigating factor. Another deciding factor can be whether or not the incident resulted in an injury or death.
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What is the Punishment for a DUI in Orange County, CA?
The punishment for a DUI conviction varies by the number of times a person has been convicted. The terms are more extensive when there are multiple convictions.
The first DUI conviction may come with the following punishments:
- Summary probation for a three-year period
- Roughly $2000 worth of penalties and fines
- Mandatory 3-month long drug and alcohol program
- Completion of a MADD (Mothers Against Drunk Driving) one-day course
- Suspension of the California driver’s license for a period of six months (in some cases, the use of an Ignition Interlock Device will allow the convicted to continue driving)
If a person is convicted for a second DUI, the penalties become a little harsher:
- Summary probation for up to five years
- Roughly $2000 worth of penalties and fines
- Jail sentence ranging from 96 hours to one year (average sentence of a second DUI conviction is 45-90 days)
- Mandatory 18-month to 30-month drug and alcohol program
- Possible requirement to attend AA meetings
- Community service requirements may be assigned
- Ignition Interlock Device will be installed for a period of up to one year
For those that have three or more DUI convictions the penalties include:
- Summary probation for up to five years
- Roughly $2800 worth of penalties and fines
- A minimum jail sentence of 120 days
- Mandatory 30-month drug and alcohol program
- Ignition Interlock Device will be installed for a period of up to two years
How long are you held in Jail for DUI in Orange County, CA?
Those that are arrested on suspicion of DUI in Orange County, CA will be taken to the police station. Once there, a BAC or Blood Alcohol Content test will be taken. If the results show a BAC that is above the legal limit, 0.08%, then the suspect will be charged with DUI.
If it is the first DUI charge, he or she may be released on their own recognizance awaiting the arraignment. However, subsequent DUI charges or a DUI that also resulted in a serious injury may mean that bail will need to be posted before release. You will be held in jail until you are able to do so.
How long is a DUI on Your Record?
A DUI will stay on your DMV driving record for ten years. In the state of California, there is a “wash out” period for DUI convictions meaning they no longer count as a prior. The washout period in California is 10 years. That means if you are convicted of a DUI, and then fifteen years later you are arrested for another DUI, the second DUI would count as a first offense due to the time period that has elapsed between the two arrests. The wash ou period does not apply in some other states.
Is Your License Suspended Immediately After a DUI?
When you are arrested for a DUI, your license is taken, and you may be given a 30-day temporary license. You will have to request a hearing with the DMV in the county where the DUI arrest took place. If you fail to have a hearing with the DMV and the temporary license expires, it will be suspended for a period of up to four months.
There are special situations which can lead to an automatic suspension of your license upon your DUI arrest. For instance, if you refuse the BAC test, you will be given a one-year license suspension without the possibility of getting a restricted license. A DUI charge when you are under the age of 21 can mean a suspended license, but a ‘Critical Need” restriction may be given in certain circumstances.
Is a DUI in Orange County a felony or a misdemeanor?
When being arrested for a DUI in Orange County, you may be charged with a felony or a misdemeanor. In most cases, it will be a misdemeanor charge. However, if you are being charged with a fourth DUI in a ten-year period, it is an automatic felony charge.
There are other reasons why you might be charged with a felony DUI even on your first offense. When a DUI results in “great bodily injury,” the charge can be moved up to a felony. Great bodily injury can refer to a passenger in your vehicle or someone injured in a collision with another vehicle. Another reason you may be charged with a felony DUI is if a previous DUI conviction was a felony. If someone is killed due to your DUI, you may be charged with a felony DUI as well.
What is the Bail Amount for a DUI?
The bail amount you will need if charged with a DUI can vary. Things like your blood alcohol level or your prior convictions can have a bearing on the bail bond that will be needed. It is very likely that bail will be set at $10,000 on the lower end, but it could be as high as $25,000. If a DUI caused bodily injury to another person, there is a chance that bail will be set at up to $100,000.
Can You Pass a Background Check with a DUI?
If you are convicted of a DUI, it will most likely show up on your background check. However, an arrest without a conviction may not show up. DUI convictions will fall off a record after ten years, and there are ways to get a DUI charge removed from your record as well.
Is a DUI a Traffic Violation in Orange County, CA?
In the state of California, DUI laws are considered part of the state’s vehicle codes. In regards to your insurance and the DMV, a DUI is a traffic violation. However, a DUI conviction will be handled in criminal court.
How do You Get a DUI Off Your Record?
There are two ways to get a DUI off of your record in California. The first is to simply wait it out because after ten years the DUI will no longer show up on your record. If waiting isn’t an option, you can seek an expungement. If an expungement is granted, you can legally say you have not been convicted of a crime.
Can a DUI Effect Getting a Job? Are there Career Implications?
A DUI conviction can definitely have career implications. There are many companies that will not hire people with DUI convictions, especially if the job involves any amount of driving. You can also be restricted from working for the government or for obtaining certain certifications and licenses. For those that get DUI at a young age, it can be detrimental to their college careers.
What is the Difference Between a DUI and a DWI?
DUI stands for driving under the influence. Some jurisdictions may use the term DWI, driving while intoxicated, instead of DUI. Both of the terms mean that a person operating a motor vehicle is suspected of having a blood alcohol level that is over the legal limit. In California, it is called a DUI.
How Much Does Car Insurance Go Up After a DUI?
Getting a DUI can be quite costly, but the exact changes to your insurance policy will be dictated by your insurance company. If you have been charged with a DUI, it is a good idea to check with your company about any increased rates that may apply.
Can You Expunge a DUI in Orange County, CA?
A DUI conviction can be expunged in Orange County, CA. It will require an attorney to file the necessary paperwork, and you will need to have successfully completed your probation beforehand.
Do First Time DUI Offenders Go to Jail in Orange County, CA?
Upon being arrested for a DUI, you will be taken to jail, even if it is your first offense. First offenders do not generally have to post bail and may be released under their own recognizance within one to two days of the arrest. Jail time is not usually given as a punishment of a first DUI unless there are extenuating circumstances.
If you are facing charges for DUI or DWI in California you will need to obtain help from an experienced Orange County DUI lawyer with success handling drunk driving cases specifically. Orange County, Riverside, Los Angeles, and San Diego prosecutors do not view drunk driving as a minor offense. If convicted, you may be ordered to serve time in jail, pay thousands of dollars in fines, lose your driver’s license, and have to live with an embarrassing and hindering mark on your criminal record.
Regardless of your history, conviction for DUI or DWI will negatively affect your life for years to come. We cannot stress the importance of taking these charges and your legal representation seriously. Obtaining a case evaluation from an experienced attorney could be the difference between a case dismissal and severe penalties.
At the Law Offices of Randy Collins, we put our client’s needs and wants first. Huge firms with outrageous attorney fees and dozens of lawyers can lose sight of how important each DUI charge is to each of their clients. We take you and your concerns seriously, and you can count on every Law Offices of Randy Collins representative to treat you and your family with respect.
Former Prosecutor Fighting for You
Our premier DUI defense attorney, Randy Collins, formerly prosecuted hundreds of drunk driving offenses, providing him with priceless information about the inner-workings of those who will prosecute your DUI case. Although it is impossible to know exactly how a prosecutor will go about trying to convict an alleged drunk driving offender, having a former prosecutor represent you could give you the edge that you need to have your case dismissed.
Attorney Collins knows what he would be going after if he were the prosecutor for your case. This insight is extremely valuable and can be used to your advantage. When it comes to your freedom, having these types of advantages can easily work in your favor.
A DUI or DWI defense attorney who is not a former prosecutor may still provide top-notch legal representation, but you will not receive representation that is able to “outsmart” prosecutors the way a former prosecutor is able to. Often times, prosecutors do not fully divulge their intentions or goals during settlement negotiations or jury trials. They may charge you with DUI, reckless endangerment, and several other things to try and strike a deal for just a DUI.
Act Now or Risk Additional Losses
Although people are generally aware of how the court system will work in regards to their DUI arrest, few know that they have ten days from the day of their arrest (in most cases) to request a DMV hearing to preserve their driver’s license.
Call 888-250-2865 now or fill out our contact form for immediate assistance. With offices located in Riverside, Santa Ana, Fullerton, and Newport Beach, you can get the help you need where you need it. Contact us today to obtain your free consultation from an experienced Orange County DUI lawyer.