Newport Beach DUI Lawyers

1. Wilkerson & Associates: In a DUI case: * examine the probable cause for the stop * review results of field sobriety or BAC tests administered * research the reliability of testing equipment and lab procedures * challenge the legality of the charge as it relates to driving
2. Fred Thiagarajah: In California, DUI stands for Driving Under the Influence. In other states, they use the term "DWI" which stands for "Driving While Intoxicated." There is no difference between these two terms. Currently, in California, there are actually TWO laws that are related to drinking and driving. The first law California Vehicle Code section 23152(a) states that you cannot drive while under the influence of alcohol and/or drugs. The second law California Vehicle Code section 23152(b) states that you cannot drive while their blood alcohol is .08% or higher. If you get arrested for drinking and driving, you are usually charged with violating both of these laws. If you're arrested for driving under the influence of drugs only, then you are only charged with violating the first law. When lawyers and judges talk about DUI, they usually refer to both laws at the same time. DUIs are normally charged as misdemeanor offenses. However, there are three situations where the District Attorneys Office will charge a DUI as a felony: 1. If there was an accident where someone was seriously injured or killed; 2. If this is your fourth DUI within the last 10 years; 3. If you have already been convicted of a felony DUI within the last 10 years. Penalties for a DUI vary widely depending upon the county youre in and the circumstances of your particular DUI. Normally, a person will receive the following types of penalties: Probation Jail Time Fines and/or Fees DUI program Driver's License Suspension or Restriction Ignition Interlock Device (for multiple DUIs usually) The penalties for each of these categories can rise if certain aggravating factors are present, such as: Prior DUI Refusal to complete a chemical test High blood alcohol level Driver under 21 Passengers under 14 Accident Reckless driving and/or excessive speeding However, in some counties, you can get your charge reduced if you're blood alcohol level is close to the legal limit. These reductions require negotiations with the District Attorney's office. It's important to contact an attorney in order to evaluate all your options. In more aggressive counties, it's even possible to charged with a DUI if you're blood alcohol level was under .08%. As mentioned above, there are two DUI laws. You can be charged with the first law -- driving "under the influence of alcohol" -- regardless of your blood alcohol level. In most counties, you will be arrested if your blood alcohol level is .07% and you may even be arrested if your blood alcohol level was . 05% or .06% AND there was really bad driving and/or an accident. By law, you are presumed to be not "under the influence" if your blood alcohol level was .04% or less. However, if you are arrested for driving with a blood alcohol level less than .08%, a good attorney can get the charges reduced and sometimes, get the charges dismissed.
3. Rann Law Firm: There is no safe way to drive while under the influence. Even one drink can make you an unsafe driver. Drinking affects your BLOOD ALCOHOL CONCENTRATION (BAC). It is illegal to drive with a BAC of .08% or more (.04% or more if you drive commercial vehicles or .01% or more if under 21). Even a BAC below .08% does not mean that it is safe or legal to drive.
4. Daniel Grupenhagen: The charge of driving under the influence, or DUI, sometimes called DWI, usually consists of two charges: VC 23152(a), and VC 23152(b). The difference between them is that one applies when driving is impaired by alcohol and/or drugs, and the other applies when driving occurs when your blood alcohol content is over .08. The similarity among them is that they both carry a maximum of $1,000 fine and/or 1 year in jail for a first offense. See the penalties outlined below for a more complete statement of DUI penalties. If you are convicted of either charge, it counts as two points against your negligent operator count at the DMV. As of 2005, conviction for DUI is "priorable" for the next ten years. If you are arrested again for a DUI within that time, it will count as a second offense requiring mandatory jail time and a license suspension for one year. If you are caught driving while your license is suspended for a DUI in Orange County, the mandatory minimum jail term is 10 days.
5. Bassiri & Associates: Dos & Don'ts: When You Get Arrested