Being arrested on a DUI charge is a confusing, complicated, stressful, and expensive experience. You may think that defending yourself in court is a good option to help you save money, but the critical thing to ask yourself is whether or not you can attain the necessary legal sophistication in the few weeks or months you have to prepare for trial. Will it be enough to prevail over a prosecutor who has years, if not decades, of experience?
It’s highly unlikely.
There are many misconceptions regarding defending oneself in a DUI case. Below, we address some of these misconceptions, explain why it isn’t a good idea to defend yourself in a DUI case, and explain why you should always seek representation from an Orange County DUI lawyer.
Yes, you can generally can get your DUI expunged and no, it will not be on your record forever.
It is usually possible to get your DUI records expunged in the state of California. Expungement means that your criminal record for that specific conviction will be sealed. A DUI conviction results in both a criminal and a DMV record; while the conviction is erased from your driving record after ten years, the criminal conviction remains on your criminal record unless it is expunged. Working with an Orange County DUI attorney who specializes in DUI and DUI-related convictions will help simplify this process.
Under Section 23152(b) of the California Vehicle Code (CVC), a regular DUI arrest occurs when a driver has a Blood Alcohol Level (BAC) of over 0.08%. However, drivers can still get arrested for a DUI if their BAC is lower than 0.08% or if they refuse to take a sobriety test.
Unlawful police stops occur when an officer pulls a driver over without any probable cause. In some cases, the driver can be arrested and charged with a DUI if the officer smells alcohol on their breath.
Unlawful police stops are not only illegal, they also violate the driver’s rights, which is why any driver who is charged with a DUI after being pulled over illegally should hire a DUI attorney to help them fight the charge.
DUI Accidents and Injuries
In California, a driver that is charged with a DUI that results in an injury to someone else faces more serious penalties than a person charged with a DUI. These penalties are based on the fact that the individual’s decision to drive impaired caused injury to someone else.
Arrested for DUID?
Being charged with driving under the influence of drugs (DUID) can have serious and life-altering consequences. In the state of California it is a crime to drive under the influence of alcohol and/or drugs. California law defines “drugs” as substances other than alcohol that have the ability to affect your nervous system, muscles, or brain. You could be charged for DUI drugs when you drive “under the influence” of a substance that impairs your ability to drive like a sober individual in a similar situation.
Can I get a DUI for driving on prescription medicine?
Yes. Driving under the influence of any drug is a crime and you can be prosecuted, regardless of whether the drugs are illicit (cocaine), prescription (codeine), or over the counter drugs such as Nyquil or Tylenol PM. Continue reading
California DUI Chemical Tests
In the state of California, with cases involving driving under the influence(DUI), law enforcement officers administer what is known as implied consent. Implied consent, defined by the California Vehicle Code, means that any person who drives a motorized vehicle automatically gives their consent to chemical testing of their blood and/or breath IF arrested for DUI.
Newport Beach Courthouse Cites 4
On Aug. 3, Orange County Sheriff deputies cited 4 people for attempting to drive, without licenses, after their DUI hearings. Deputies staked out the Newport Beach courthouse looking for people who were going to drive after being explicitly told not to and after their licenses were suspended. The deputies followed 15 suspects from their hearings to the parking lot, according to a news release from the Orange County Sheriff’s Department.
A drunk driving offense is not a slap on the wrist, it is a criminal charge in California. Because of this, it is possible that your DUI arrest could lead to jail time.
If you have been arrested for DUI recently, it is important you understand what can lead to your incarceration. Each case differs considerably, and extenuating circumstances as well as different judges can impact your final judgement.
California Wet Reckless
In California, a “wet reckless” is a plea bargain that is offered when your DUI case is not as strong as the prosecution would like. Law enforcement officers cannot arrest you for wet reckless driving, but it may be offered as an alternative in court to an actual DUI charge. As it is the goal of any DUI defense attorney to get their client’s charges dismissed or lessened, many DUI attorneys will attempt to negotiate for plea bargains such as wet reckless.