Driving under the influence (DUI) is a serious offense in Orange County, and even a first offense can carry significant penalties. If you find yourself charged with a first-offense DUI, it’s crucial to understand the legal landscape, possible defenses, and potential penalties. This article provides a comprehensive guide on fighting an Orange County first-offense DUI in court, covering everything from relevant statutes to defense strategies.
Understanding Vehicle Code 23152
In California, DUI charges fall under Vehicle Code 23152. This law makes it illegal to drive a motor vehicle under the influence of alcohol, drugs, or a combination of both. Vehicle Code 23152 has two main subsections frequently cited in DUI cases:
– Vehicle Code 23152(a): Prohibits driving under the influence of alcohol. The term “under the influence” is usually interpreted to mean that the driver’s ability to operate the vehicle safely is impaired by alcohol.
– Vehicle Code 23152(b): Makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08% or higher.
Both subsections can be charged together, meaning you could be prosecuted for having a BAC over the legal limit and for actual impairment.
The Legal Process
Arrest and Booking
The legal process typically begins with a DUI arrest, by either the CHP or the Orange County Sheriff’s Department. Typically, the officer or deputy will conduct field sobriety tests and administer a preliminary breath test (PBT). If you fail these tests or exhibit signs of impairment, you may be taken into custody and booked.
Arraignment
The next step is the arraignment, where you, or your Orange County DUI attorney, will hear the charges against you at the Harbor Justice Center and enter a plea: guilty, not guilty, or no contest. Since a first-offense DUI is a misdemeanor, your DUI lawyer can usually make all court appearances without you. At the arraignment, pleading not guilty is common in DUI cases as it allows time for your Mission Viejo DUI attorney to build a defense.
Common Defense Strategies
A skilled Orange County DUI lawyer will analyze the unique circumstances of your case and develop a tailored defense strategy. Here are some common defenses used in first-offense DUI cases:
Challenging the Traffic Stop
One of the most effective defenses employed by Fullerton DUI lawyers is to challenge the legality of the traffic stop. Officers must have reasonable suspicion to pull you over. If it’s shown that the stop was unwarranted, any evidence gathered subsequently may be inadmissible in court.
Questioning the Accuracy of BAC Tests
Breathalyzer machines and blood tests are not infallible. Factors like improper calibration, faulty equipment, or mishandling of samples can lead to inaccurate readings. Perhaps the biggest mistake made by law enforcement is not to complete a 15-minute observation period prior to a breath test. This MUST be done because if you burp or belch, however slight, it could compromise the test with alcohol brought to your mouth from your stomach. Your Mission Viejo DUI attorney may question these aspects to cast doubt on the reliability of the evidence.
Contesting Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by various factors such as medical conditions, nervousness, or even uneven road surfaces. An experienced Orange County DUI attorney can challenge the credibility of these tests to undermine the prosecution’s case of actual impairment.
Rising BAC Defense
In some cases, your BAC might have been below the legal limit while you were driving but rose above 0.08% by the time you took the breath test. This could occur if you consumed alcohol shortly before driving, and it had not yet been fully absorbed into your bloodstream. The rising BAC defense can be used by your DUI lawyer to argue that you were not actually impaired while driving.
Potential Penalties
If convicted of a first-offense DUI under Vehicle Code 23152, you may face a range of penalties, including:
Fines and Fees
A first-offense DUI conviction can result in fines ranging from $390 to $1,000, not including additional penalties and court fees that can significantly increase the financial burden. When these are added, the real range of fines and fees is from $2,300.00 up to $10,000.00.
License Suspension
A DUI conviction will lead to a license suspension from the DMV. For a first-offense DUI in California, the Department of Motor Vehicles (DMV) usually imposes a six-month suspension. However, you may be eligible for a restricted license after 30 days, which allows you to drive to and from work or DUI school. Alternatively, you can put an Ignition Interlock Device (IID) in your vehicle and you will be allowed to drive through the entire suspension period.
Alcohol Program
Attending an alcohol program is mandatory for first-time offenders. The duration of the program can range from three to nine months, depending on the circumstances of your case and BAC level.
Probation
First-time DUI offenders are often placed on informal probation for a period of three to five years. During probation, you must comply with specific conditions, such as obeying all laws and avoiding alcohol consumption before driving.
Possible Jail Time
Although jail time is less common for first-time DUI offenders, it is still a possibility. If convicted, you could face up to six months in county jail. Some jurisdictions may offer alternatives like community service or work programs.
Role of an Orange County DUI Attorney
Hiring an Orange County DUI attorney can be instrumental in achieving a favorable outcome. An experienced attorney not only understands the intricacies of Vehicle Code 23152 but also knows how to navigate the legal system effectively. They can:
– Assess the Strength of the Case: Analyzing the evidence against you and identifying weaknesses in the prosecution’s case.
– Negotiate Plea Bargains: Negotiating with prosecutors to reduce charges or secure a more lenient sentence.
– Represent You in Court: Acting as your advocate in pretrial hearings, motions, and at trial.
– Provide Guidance: Offering advice and support throughout the legal process.
Conclusion
A first-offense DUI in California is a serious matter that requires a strong understanding of Vehicle Code 23152, the legal process, and effective defense strategies. While the penalties can be severe, a knowledgeable Mission Viejo DUI lawyer can make a significant difference in the outcome of your case. Understanding your rights, the potential defenses available to you, and the possible penalties will equip you to navigate this challenging situation more effectively.