Orange County DUI Attorneys

DUI Laws

Every U.S. state has laws that make driving under the influence of alcohol or other drugs (DUI) a crime, and California is no exception. California DUI laws state that it is illegal to drive with a blood alcohol concentration (BAC) of 0.08 percent or above. The laws prescribe heavy penalties for drivers convicted of DUI. These can include jail time, fines, probation, license suspension or revocation, substance abuse treatment, or an ignition interlock device placed on the driver's vehicle - all at the driver's expense.

The laws in play in a DUI situation affect the driver even before he is arrested on suspicion of drunk driving. For instance, the law assumes that every driver who accepts a California drivers' license has automatically consented to take a BAC test if the driver is arrested by police for suspicion of drunk driving. A driver who refuses to take the test may have his license suspended for one year with no eligibility for a restricted license, even if he has never been arrested, charged, nor convicted of DUI in California before.

In addition, California's DUI laws allow the judge or jury to assume that the driver has violated the law if the driver's BAC was 0.08 percent or higher, even if the BAC test didn't take place until three hours after the driver was arrested. Unlike most crimes in California, the person accused of violating the DUI laws must demonstrate his innocence to the court, instead of making the court do the work of proving him guilty.

A first DUI conviction in California is a misdemeanor, meaning that those who receive a DUI conviction will face up to a year in jail. When a driver receives a first DUI, his license may also be suspended, and he may also have to pay heavy fines.

With each DUI conviction following the first one, the penalties a driver has to face increase dramatically. After a second DUI conviction within 10 years of the first, California law calls for mandatory jail time and allows the court to sentence a driver to up to a year in jail and/or up to $3,000 in fines. These fines are in addition to the costs of substance abuse treatment, an ignition interlock device, or transportation costs that pile up after a license suspension - which could last as long as two years.

A third DUI conviction carries all the penalties of a second DUI conviction. However, California's DUI laws allow courts to increase the burden further by requiring at least 120 days in jail, imposing up to $5,000 in fines, and requiring the driver to attend alcohol abuse counseling for up to 30 months, or two and a half years. Drivers may also face community service requirements and probation for up to five years.

For a fourth DUI conviction 10 years, drivers now face a possible felony charge for being a habitual offender even if there was not an accident and/or injury to another party. They now risk being sent to one of California's already-overcrowded state prisons. They may also face all the penalties that come with a third DUI conviction, including the fines, counseling, community service, and five years of probation. California law prohibits drivers on DUI probation from having any alcohol in their bloodstreams at all while they drive. A driver on DUI probation whose BAC is greater than 0.00 faces the risk of another DUI charge - and all the penalties that come with it.

The laws surrounding DUI in California are complex, making it challenging for a person to fully understand their legal rights as well as the defenses available to them. At Takakjian & Sitkoff, LLP, our Orange County drunk driving attorneys are highly familiar with the most effective defenses against DUI to ensure a positive outcome for our clients. We have a thorough understanding of DUI law unlike any law firm in that our attorneys have experience as former DUI prosecutors and also have prior experience as DUI arrest and prosecution procedure instructors to local law enforcement. Call us today at (888) 579-4844 for a free consultation.