DUI Orange County

Punishment for 1st DUI:

You can be sentenced up to 6 months in the Theo Lacy Branch Jail or Central Men’s /Women’s Jail. However, there is no mandatory jail time. In Orange County, most first DUI cases settle or come to an agreement with no jail time. You will be have to do a 3-month DUI program. If you’re BAC is .15% or greater, the District Attorney will want you do complete a 6 or 9 month DUI program. You may be asked to complete a MADD Victim Impact class. You will be put on informal probation for 3 years and pay DUI fines and fees which come close to $2,500.

DUI defense attorney Richard Wagner can convert fines to community service through OneOC to significantly reduce the amount you pay.

Your driver’s license will be confiscated and you may be given a temporary driver’s license for 30 days. You have 10 calendar days to request a DMV Hearing to fight your driver’s license suspension. DUI defense attorney Richard Wagner will get this time extended and request the hearing. It is not recommended you try to do this on your own. Your driver’s license could be suspended for 4 months. DUI defense attorney Richard Wagner helps you get a restricted driver’s license. Completion of the alcohol program is required by the DMV to fully restore your driving privileges.

Some counties require an ignition interlock device (a device that prevents your car from starting if it detects alcohol on your breath) if your BAC is .15% or more or you refused a chemical test. Here, in Orange County, the courts no longer require the ignition interlock device. Your car insurance will go up and you will need to talk to your insurance company about any paperwork (SR-22) and how much it will go up and for how long.

Punishment for 2nd DUI:

If you get a 2nd DUI within 10 years, you could be sentenced up to 1 year in Theo Lacy Branch Jail or Central Men’s /Women’s Jail. There is a mandatory jail by law. In Orange County, the District Attorney will usually want between 45-120 days of jail depending on the facts of your case such as how close in time your previous DUI was.

DUI defense attorney Richard Wagner will negotiate Supervised Electronic Confinement (SEC) or other options instead of going to jail such as DUI Court or Community Work Program (CWP). This volunteer program permits you to work 8 to 10 hours per day on public work projects instead of one day’s jail confinement.

You will be required to complete an 18-month DUI program and the MADD Victim Impact class. You will be on informal probation for 3-5 years and ordered to pay DUI fines and fees which come close to $2500. DUI defense attorney Richard Wagner will convert fines to community service through OneOC.

Your driver’s license will be confiscated and you may be given a temporary driver’s license for 30 days. You have 10 calendar days to request a DMV Hearing to fight your driver’s license suspension. DUI defense attorney Richard Wagner will get this time extended and request the hearing. It is not recommended you try to do this on your own. Your driver’s license could be suspended for 2 years. DUI defense attorney Richard Wagner helps you get a restricted driver’s license. Completion of the alcohol program is required by the DMV in order to fully restore your driver’s license.

Punishment for 3rd DUI:

If you get a 3rd DUI within 10 years, there is a mandatory 120 days in jail by law. In Orange County, the District Attorney will usually want between 180 – 365 days in Theo Lacy Branch Jail or Central Men’s /Women’s Jail depending on the facts of your case such as how close in time your previous DUIs were.

DUI defense attorney Richard Wagner will convert fines to community service through OneOC and possibly negotiate Supervised Electronic Confinement (SEC) or other options instead of going to jail such as DUI Court or Community Work Program (CWP). This volunteer program permits you to work 8 to 10 hours per day on public work projects instead of one day’s jail confinement.

You will be required to complete an 18- month DUI program and the MADD Victim Impact class. You will be on informal probation for 3-5 years and ordered to pay the DUI fines and fees which come close to $2500.

Your driver’s license will be confiscated and you may be given a temporary driver’s license for 30 days. You have 10 calendar days to request a DMV Hearing to fight your driver’s license suspension. You should have a good DUI defense attorney to get this time extended and request the hearing. It is not recommended you try to do this on your own. Your driver’s license could be revoked for 3 years. Your DUI defense attorney can help you get a restricted driver’s license. Completion of the alcohol program is required by the DMV in order to fully restore your driver’s license.

Punishment for 4th DUI:

If you get a 4th DUI within 10 years, you will be charged with a felony DUI charge. You could be sentenced to 16 months, 2 years, or 4 years in State Prison. However, you could be given probation and sent to Theo Lacy Branch Jail or Central Men’s /Women’s Jail. If that happens, you will be required to complete the DUI program and other the MADD Victim Impact Panel and pay fees and fines around $2500. If sent to state prison, you must complete the DUI program for the DMV only.

The District Attorney’s office in Orange County will want you to give a sample of your DNA to the Orange County District Attorney’s office. DUI defense attorney Richard Wagner will fight for you and go to the Judge to get a better offer without additional excessive conditions. DUI defense attorney

Richard Wagner will convert fines to community service through OneOC and possibly negotiate Supervised Electronic Confinement (SEC) or other options instead of going to jail such as DUI Court or Community Work Program (CWP). This volunteer program permits you to work 8 to 10 hours per day on public work projects instead of one day’s jail confinement.

How Long Are You Held In Jail For DUI In Orange County, California?

For a 1st time DUI, you will usually be held at the local jail or taken to Central Men’s /Women’s Jail for less than a day and then released with your written promise to appear in court for your criminal case. If it is a 2nd or subsequent DUI, you may have to stay in jail until you post bail.

How Long Is A DUI On My Record?

That is a difficult question to answer because there is more than one record. In California, prosecutors and the DMV can look back as far as 10 years to see if there is a DUI on your driving or criminal history to automatically increase your punishment. The 10 year period is counted from the date of arrest/offense — not from the date of conviction. For example, you were arrested for a first DUI on September 1, 2008 but you went to court and eventually pleaded guilty on January 1, 2009. If you get another DUI before 10 years from the date of offense – September 1, 2008 – you will be charged with a prior DUI and be facing consequences.

DUI convictions stay on your record longer than 10 years. It is not uncommon for prosecutors to use DUI convictions older than 10 years to argue for increased punishment and to set bail.

Is My License Suspended Immediately After A DUI?

The arresting police officer will likely take your driver’s license and either issue you a temporary 30 days driver’s license or advise you to go to the DMV. Your driver’s license can be suspended immediately after a DUI arrest. DUI defense attorney Richard Wagner contacts the DMV for an Administrative Hearing to fight that suspension. If your driver’s license is not taken by the arresting officer, it can also be taken as a result of what happens in court if you get a DUI. Your DUI attorney will help you with all of this. There are proper procedures such as filling out the SR 22 form and paying fees and converting the suspension into a restriction license.

Is A DUI In Orange County, California A Felony Or Misdemeanor?

1st, 2nd, and 3rd DUI’s within a 10 year period are usually charged as misdemeanors. A 4th DUI is charged as a felony. However, a 1st, 2nd, and 3rd DUI can also be charged as a felony if someone dies or is seriously injured as a result. If you have a prior felony DUI, any subsequent DUIs will likely be charged as felonies. DUI defense attorney Richard Wagner fights to get that reduced to a misdemeanor. In Orange County, when you get convicted of a DUI, the Judge will warn you that if you drive while under the influence of drugs or alcohol and someone is killed as a result, the Orange County District Attorney can and will charge you with murder.

What Is The Bail Amount For DUI?

The bail amount in Orange County for a DUI is:
1st time: $2,500
2nd time: $10,000
3rd time: $15,000
4th time: (felony) $50,000

Can I Pass A Background Check With A DUI?

A DUI will show up on your background check unless you get it dismissed (expunged). Most employers ask on job applications if you have been convicted of any felonies so make sure you read the questions carefully. They usually do not ask about misdemeanors. However, if they do a thorough background check, all your criminal convictions will show up. Any certifications, licensing, and/or government background checks will also show any DUI convictions.

How Do I Get A DUI Off My Record?

An expungement – asking for the dismissal of your conviction based on no further law violations. An expungement will result in (1), an entry in the court record and your rap sheet as a later dismissal of your conviction, (2) allow you to answer legally and honestly that you have not been convicted of a crime on most job applications, and (3) prevent the use of the conviction to impeach you if you testify as a witness.

Can A DUI Affect Getting A Job? Are There Career Implications?

Getting a DUI can certainly affect getting a job. Some employers will not hire anyone with a DUI conviction. If your job entails driving, a DUI can have adverse effects on your everyday work. If you are applying for certain certifications, licenses, or government jobs, a DUI conviction may make you ineligible. This is why you need a good DUI defense attorney to fight for you and see if they can get your DUI dismissed or reduced.

What Is The Difference Between A DUI & DWI?

A DUI stands for driving while under the influence of alcohol or drugs. A DWI stands for driving while intoxicated. Some states call it a DWI. In California, we refer to it as a DUI. But, essentially it is the same thing.

How Much Does Car Insurance Go Up After DUI?

You will need to contact your insurance company to see how much your insurance will go up after a DUI arrest and conviction. However, statistics have shown your insurance premiums will increase.

Can You Expunge A DUI In Orange County, California?

Yes, absolutely. A DUI expungement in Orange County is just like any other expungement. DUI defense attorney Richard Wagner files the proper paperwork on your behalf once you have completed all your conditions of probation.

Do First Time DUI Offenders Go To Jail In Orange County, California?

Yes, usually the cop will take you to jail when he decides to arrest you for a DUI. On a 1st DUI, you will most likely be released within 8-12 hours with your written promise to appear for your court date.

What Kind of Drunk Driving Tests Are Used in Orange County?

For Breath Tests: Police in Orange County use the Alco-Sensor VXL by Intoximeters, Inc. This breath machine has a fuel cell sensor. The fuel cell is a porous disk coated with platinum black and saturated with an electrolyte. If alcohol is in the breath, it converts to acetic acid, electrons are released, and a current generates in proportion to the amount of alcohol oxidized.

The results from a properly calibrated Alco-Sensor VXL have little significance if the breath sample is not properly collected. DUI defense attorney Richard Wagner knows the right way to collect a breath sample in California.

The results are uploaded to a database maintained by the Orange County Crime Laboratory. Click here to find out your breath alcohol results in Orange County.

For blood tests: The Orange County Crime lab uses Headspace Gas Chromatography with a Flame Ionization Detector and Mass spectroscopy to determine (BAC) blood alcohol concentration. Click here to find out your blood test results in Orange County.

Where are the Courts for DUIs in Orange County?

West Justice Center, 8141 13th Street, Westminster, Harbor Justice Center, 4601 Jamboree Road, Newport Beach, Central Justice Center, 700 Civic Center Drive West, Santa Ana, North Justice Center, 1275 N. Berkeley Avenue, Fullerton.

What are the Law Enforcement Agencies for a DUI in Orange County?

Brea Police Department, Buena Park Police Department, CHP San Juan Capistrano, CHP Garden Grove, CHP Santa Ana, Westminster, Costa Mesa Police Department, Covina Police Department, Cypress Police Department, California State University Fullerton Police Department, Fullerton Police Department, Garden Grove Police Department, Huntington Beach Police Department, Irvine Police Department, Laguna Beach Police Department, La Habra Police Department, Los Alamitos Police Department, La Palma Police Department, Newport Beach Police Department, Orange County Sheriff’s Department, Orange Police Department, Placentia Police Department, Santa Ana Police Department, Santa Ana Unified School Police, Seal Beach Police Department, Tustin Police Department, Westminster Police Department.

OC DUI Defense

If you or your loved one were arrested and charged with driving under the influence of alcohol or drugs in Orange County California, you need help. Call 714-403-6317 and get advice from one of the best Orange County DUI defense attorneys today. The Law Office of Richard Wagner has the experience and history of success that will help you feel confident about your case moving forward.

Richard Wagner has deep roots in Southern California – his family moved here in 1975. He went to grade school through high school in Orange County and currently lives in Orange County, California with his wife, two kids and their dog, Nera.

 

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