Driving Under the Influence in Irvine 
 

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If you are facing a possible suspension of your driving privileges, as well as criminal charges, you need a competent criminal defense attorney on your side.  Please take a moment and visit our “Why hire us” page to see what separates us from the other DUI Criminal Defense attorneys in and around Irvine.  This is a time of great uncertainty in your life and we can help ease your mind. 

Drunk Driving Overview

  • Driving under the influence of alcohol or drugs to the extent of impairing your mental and motor skills in a motor vehicle, on a bicycle, or in a boat is unlawful in the State of California.
  • A DUI is defined as driving with a blood alcohol concentration of 0.08% or higher.
  • Blood alcohol concentration is the amount of ethyl alcohol in your blood stream.
  • This can be determined by submitting to a blood, breath or urine test.
  • Field Sobriety Tests are tests administered by police officers to determine if you are impaired by alcohol or drugs.
  • In California, common negligent driving is due to driving under the influence of alcohol.
  • You can be charged with a misdemeanor offense or a felony crime.
 

2009 California DUI Laws

  • Zero Tolerance for Repeat Offenders
  • Unlawful for a person on probation because of a DUI to drive an automobile with a BAC of 0.01% or greater.
  • Enhanced penalties will be imposed if there is a violation.
 
  • DUI Reckless Driving -  Assembly Bill #2802
  • If you are convicted of alcohol-related reckless driving, it is mandatory that you attend a licensed alcohol program.
  • You must complete the program.
 
  • DUI Ignition Interlock Device – Senate Bill #1190
  • Minimum blood alcohol percent is lowered at time of arrest.
  • A certified ignition interlock device will be installed on your automobile.

 

 

  • DUI Ignition Interlock Device – Effective July 2009 – Senate Bill #1388
  • If you are driving on a suspended or revoked license because of a DUI conviction, you must install a certified ignition interlock device on your automobile.
  • Depending on how many violations you have is how long the device will remain on your vehicle.
 

What happens if you are pulled over?

  • A person who chooses to stay sober while driving is not only using good judgment, but is not destroying another’s life.
  • If you are drinking and driving, you most probably are not driving safely.
  • If a police officer sees you weaving or driving erratically, he will pull you over; he will have probable cause that you are intoxicated.
  • The officer will administer certain field sobriety tests designed by the National Highway Safety and Traffic Administration.
  • If you refuse to take these tests, you will face consequences.
  • Examples of field sobriety tests are:
  • A breathalyzer
  • Stand on one leg for about 30 seconds
  • The walk and turn
  • The horizontal gaze nystagmus
  •  
    • The eye movements of a sober person are different from one who is intoxicated.
    • Being intoxicated exaggerates the twitching of the eyes.
  • If the officer determines that you did not pass the tests, you will be arrested for driving under the influence and taken to the nearest police station.
  • Cooperate with the officer – answer his questions politely.
 

Important to discuss with your attorney

  • Did the police officer have probable cause to stop you?
  • Did the police officer administer the field sobriety tests correctly?
  • Was the breathalyzer calibrated correctly?
  • Review your blood alcohol test – it is not always 100% accurate:
  • Inaccurate because of defective equipment
  • Not given correctly
  • Food you ate before the test
  • Vomiting because of too much alcohol
  • Etc.
  • Was being intoxicated the reason you did not pass the tests or was it something else:
  • Poor road conditions
  • A medical condition that exists
  • Etc.
  • Did the officer read you your Miranda Rights?
 

 

The DUI Process

  • If you are arrested for DUI, you will face two separate criminal charges:
  •  
    1. The Per Se offense – When your blood alcohol concentration is 0.08% or greater, you will be considered intoxicated by California law enforcement.
    1. Driving with the inability to operate a motor vehicle properly because of alcohol or drugs.
 
  • The DMV Administrative Per Se Hearing
  •  
    • When you are arrested, your license will be taken from you.
    • You will receive a temporary driver’s permit – good for 30 days.
    • After the 30 days, your license will automatically be suspended.
    • You have 10 days to schedule a DMV hearing after your arrest to avoid suspension.
 
  •  
    • You will receive an appointment to appear at the DMV.
    • The Irvine Driver Safety Office
  •  

      16735 Von Karman Avenue, Suite 110

  •  

      Irvine, CA 92606

  •  

      Monday, Tuesday, Thursday, and Friday:  8:00a.m. - 5:00p.m.

  •  

      Wednesday:  9:00a.m. – 5:00p.m.

  •  

      Telephone:  949-440-4416 

  •  
    • The DMV representative has the role of prosecutor at this hearing.
    • The representative will show evidence why you should not have your license returned.
    • The representative will also have the role of judge – final ruling after reviewing your case.
    • If you are found guilty, you will lose your driving privileges for a set time.
    • If you are not guilty, your license will be reinstated.
    • Your attorney should be present with you at this hearing.
 
  • The Criminal Case/Process
  •  
    • You will be arrested - held in custody - bail will be set
    • An arraignment will take place
    • You can enter a plea of guilty, not guilty, or no contest
    • A trial date will be set where the verdict will be determined
 
  •  
    • Your local courthouse:
    • Ronald Reagan Federal Courthouse
  •  

      411 Civic Center Plaza

  •  

      Santa Ana, CA 92701

  •  

      Telephone:  714-338-5300 

 

Penalties for a DUI

  • DUI is unlawful in California.
  • The penalties can be very severe especially if you have prior DUI arrests.
 
  • First Offense:
  • Jail: 2 days to 6 months
  • Fines: $1,400 to $1,800 plus penalty fees
  • Driver’s license suspension: up to 6 months
  • Probation: 1 to 5 years
 
  • Second Offense:
  • A 2nd, 3rd, and 4th DUI is referred to as a Multiple DUI
  • Jail: 90 days to 1 year
  • Fines: $390 to $1,000 plus penalty fees
  • Driver’s license suspension:  up to 2 years
  • Alcohol Program: 18 to 30 months
 
  • Third Offense:
  • A 2nd, 3rd, and 4th DUI is referred to as a Multiple DUI
  • Jail: 120 days to 1 year
  • Fines: $390 to $1,000 plus penalty fees
  • Driver’s license suspension: up to 3 years
  • Alcohol Program: 18 to 30 months
 
  • Four or More Offenses:
  • A 2nd, 3rd, and 4th DUI is referred to as a Multiple DUI
  • Jail:  180 days to 16 months
  • Fines: $390 to $1,000 plus penalty fees
  • Driver’s license suspension: up to 4 years
  • Can be charged with a felony offense
 
  • Accident Involved:
  • If you cause an accident, your consequences will be enhanced.
  • The consequences will be severe if injury is involved and especially if death takes place.
  • You can be charged with a felony conviction.
  • You can be charged with vehicular manslaughter on top of a DUI.
  • With vehicular manslaughter you could be facing 4 years in a California state prison.
 
  • Misdemeanor versus Felony Charge:
  • Misdemeanor – up to 12 months in jail
  • Felony – minimum of 1 year in prison
  •  
    • Can result in several years in a California state correctional facility
    • Life in prison
    • Sometimes but very rarely – the death penalty
    • Vehicular manslaughter involved – 4 to 10 years in prison
    • Injury involved – 3 years in prison
    • Serious bodily injury – 6 years in prison