DUI Charges in Orange County 

California has some of the strictest DUI laws in the country. These laws are designed and implemented to protect people from the dangers of drunk driving and are well-meaning; however, strict, often mandatory penalties and California’s zero-tolerance policy often lead to disproportionate consequences for offenders. Furthermore, it is not uncommon for the police responsible for enforcing these laws to violate procedures by improperly obtaining evidence, misinterpreting field sobriety tests, or failing to observe the Title 17 regulations regarding drug testing. 

A person’s first three DUI convictions in a ten-year period are typically charged as misdemeanors, while the fourth can be charged as a felony. You may be charged with a felony on any of your first three offenses if you severely injured or killed another person in a collision or accident.  

Despite being misdemeanors, the first three convictions come with heavy charges. Our team has decades of experience navigating and practicing California DUI law and will use every strategy at our disposal to negotiate your case. 

A first offense can include the following penalties:

• 48 hours-6 months in county jail
• 6-month suspension of driver’s license
• 3-5 years of informal probation
• Completion of a DUI course lasting up to 9 months
• Fines up to $1,000, plus penalty assessments 

A second offense includes these potential consequences:

• 96 hours in county jail with a potential jail sentence of 1 year
• 2-year suspension of driver’s license 
• 3-5 years of informal probation
• An 18-month DUI education program
• Installation of an ignition interlock device in your vehicle for 1 year
• Fines up to $1,000, plus penalty assessments 

A Third offense could include: 

• A minimum of 120 days in jail with a maximum of 365 days
• Up to 3-year suspension of your driver’s license
• Up to 5 years of informal probation
• Mandatory attendance at a drug and alcohol education program for up to 30 months
• Installation of an ignition interlock device in your vehicle for 2 years
• Fines up to $1,000, plus penalty assessments 

A fourth offense is a wobbler, which means that a prosecutor can choose to charge it as either a felony or a misdemeanor.

When charged as a misdemeanor, the penalties for a fourth offense can include:

• 180 days in county jail
• 4-year revocation of your driver’s license
• Up to 5 years of probation
• Mandatory attendance at a 30-month DUI education program
• Installation of an ignition interlock device in your vehicle for 3 years
• Fines of up to $1,000, plus penalty assessments
• Being designated as a habitual offender for 3 years
• Admission to a drugs and alcohol treatment program

If the fourth offense is charged as a felony, you will face 16 months, 2 years, or 3 years in prison instead of 180 days in county jail.

Additionally, your case may involve aggravating factors that could enhance your penalties. These factors include reckless driving, causing an accident, or refusing to submit to a chemical test following an arrest.

What Is the Legal BAC Limit in California?

California’s BAC limits can be a bit confusing. 

The baseline BAC limit is 0.08%, or about 4 drinks. Keep in mind that this conversion is only an estimation and can change according to what you are drinking, the ratio of liquor to mixers per drink, your weight, whether you are taking certain prescription drugs, and other factors. 

If your BAC is found to be at least 0.15% or over, your charges will be considered aggravated, and your penalties will be more severe. 

You are subject to more severe limits if you are a commercial driver. The BAC limit for commercial drivers is 0.04%. If convicted, you will have your CDL license suspended for a year. If convicted of two DUIs, you will lose your CDL license and be ineligible to apply for another for the rest of your life. This is in addition to any other penalties associated with a DUI conviction.

California’s zero-tolerance law affects how high your BAC can be in some situations. These laws are aimed at people under the age of 21 and people on probation for a prior DUI. 

If you are already on probation for DUI, having a BAC of 0.04% or greater will lead to a DUI conviction, a license suspension of one year, and possible probation revocation. Further, if you are pulled over, and an officer asks you to take a breathalyzer test, you must take it. 

Similarly, if you are under 21 and have a BAC of at least 0.01%, your license will be suspended for a year. You may also be charged with DUI. These suspensions are applied immediately upon detecting a BAC of at least 0.01% and are independent of any criminal conviction. 

Those who have had their license suspended due to California’s zero-tolerance law can challenge the decision through a DMV hearing.

FAQs About DUI Alcohol Charges

How long will my driver's license be suspended after a DUI arrest?

For a first-time DUI offense, your driver's license can be suspended for up to six months. However, you may be eligible for a restricted license that allows you to drive to work or school after serving a portion of the suspension period.

Can I refuse a breathalyzer or chemical test when pulled over for a suspected DUI?

While you have the right to refuse a breathalyzer or chemical test, doing so can result in immediate penalties, including an automatic license suspension for one year and potential additional charges.

What is the difference between a DUI and a "wet reckless" charge?

A "wet reckless" is a plea bargain to a lesser charge than DUI. It indicates that alcohol was involved but is considered less severe than a DUI. Penalties for a "wet reckless" are generally less harsh but can still affect your driving record and insurance rates.

How can a DUI conviction impact my car insurance rates?

A DUI conviction can significantly increase your car insurance rates. Some insurance companies may even choose to cancel your policy. A DUI can remain on your driving record for up to ten years, affecting your insurance premiums throughout that period.

Is it possible to expunge a DUI from my record in Orange County?

Yes, it is possible to expunge a DUI from your record in certain circumstances. Expungement can help remove the conviction from your public criminal record, although it may still be visible to law enforcement and other government agencies.

What defenses are available for fighting a DUI charge in Orange County?

Common defenses against DUI charges include challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer or chemical tests, and demonstrating that your rights were violated during the arrest process.

Do I need a lawyer to fight a DUI charge in Orange County?

While it is not legally required to have a lawyer, it is highly recommended to seek legal representation. A knowledgeable DUI lawyer can help navigate the legal process, build a strong defense, and potentially reduce the penalties or get the charges dismissed.

What should I do immediately after being arrested for a DUI?

After a DUI arrest, it is crucial to document everything you remember about the stop and arrest, refrain from discussing the case with anyone other than your attorney, and contact a DUI lawyer as soon as possible to discuss your options and start building a defense.