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Orange County DUI and Drunk Driving

Orange County DUI Defense Attorney

DUI Charges law:

If you are arrested for a DUI in Orange County County the Orange County District Attorney’s Office or the local city attorney’s office will be responsible for prosecuting the case. The prosecutor will charge two separate violations: Vehicle Code §23152(a) (Driving under the influence of alcohol and/or drugs) and Vehicle Code §23152(b) (Driving with a blood alcohol level of 0.08% or greater).

Typically, when an individual is arrested for DUI in Orange County, that person will be booked at the local jail and released after 4-6 hours. In most cases, this time frame allows intoxicated individuals to sober. However, due to the high volume of crimes and DUI cases in Orange County, it is also plausible that the police agency will keep and individual in custody overnight and take them to court the next day. If this happens, it is important that friends and family contact the Law Offices of T. Edward Welbourn to arrange for bail and/or a release of the individual on their own recognizance.

Drunk driving penalties in Orange County are set forth by statute and can be incredibly complex. The range of possible sentences is determined by the basic statute, with modifications for such things as:

• Refusing to submit to chemical testing
  
• Having a blood-alcohol reading over .20%
  
• Having a child under 14 in the car
  
• Speeding 20 mph over the limit
  
• Having a prior conviction within ten years
  

Within the range, the actual sentence in a drinking and driving case will be affected by:

• The facts of the case
  
• Any policies of the local court and prosecutors
  
• The weaknesses in the case uncovered by the defense attorney
  
• The experienced and reputation of that attorney
  
• All of this is independent of the DMV driver’s license suspension, which is determined separately and which can itself be very complicated.
  

All of this is independent of the DMV driver’s license suspension, which is determined separately and which can itself be very complicated.

Legal Rights & Procedures for a person who is charged with DUI: Back to Top Menu

A person charged with DUI in Orange County County is innocent until proven guilty. In most cases, when the arrested person is released from jail, a citation is provided which provides the Arraignment date. If the case is a misdemeanor and that person hires a DUI lawyer, that person may never have to show up in court. Penal Code §977 allows attorneys to appear for their clients in misdemeanor cases.

Legal rights:

A person charged with a DUI in Orange County County has the absolute right to an attorney to represent them at all stages of the proceeding. This is mandated by the Sixth Amendment of the United States Constitution.

Procedures:

The Arraignment is the first appearance in a criminal case. At this hearing, the defendant has the right to have a lawyer present for representation. Also, the person must enter a plea of “Not Guilty” or “Guilty”. If the person pleads Not Guilty, then the judge will set the matter for a trial readiness conference. At that conference, the DUI attorney has an opportunity to discuss the case with the prosecutor. If a disposition cannot be reached, then the court will set the matter for trial.

If an individual charged with a DUI Charges fails to appear at the Arraignment, the Orange County Superior Court judge will issue a bench warrant for the arrest of that person. This warrant will be sent to the Orange County County Sheriff’s Department and they will serve the warrant and arrest that person.

Municipal Police Departments in Orange County County: Back to Top Menu

What to do with the DMV procedures to protect your driving privileges: Back to Top Menu

Upon arrest, the driver/arrestee is given a temporary license (pink in color) in exchange for their driver’s license which has been confiscated by the police officer. This paper acts as a temporary license good for thirty days. This temporary license also explains the necessity of contacting the DMV Office of Driver Safety to schedule an Administrative Per Se Hearing to contest the DUI license suspension. This hearing must be set within 10 days from the date of arrest. The Law Offices of T. Edward Welbourn can assist with the scheduling and representation at this hearing.

What happens to car insurance? Back to Top Menu

There are two ways insurance companies generally deal with customers convicted of a DUI. First, your insurer will likely raise your insurance premiums and label you a high-risk driver. As a result, you'll likely have to file proof of insurance (known as an SR-22) for a minimum of three years with the California Department of Motor Vehicles (DMV). In fact, to obtain a restricted license, your insurance company will have to file the SR-22 with the DMV. Your insurance company is required to notify the DMV if it cancels your insurance for any reason.

Second, your insurance company may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction..

If convicted of a DUI, car insurance will increase dramatically. Contact your local insurance broker for more information.

Orange County Superior Courts Locations: Back to Top Menu