Driving Under the Influence Defense

Our team at HJP Legal possesses the necessary knowledge and expertise to navigate through the California Department of Motor Vehicles (“DMV”) and court procedures in California, even in cases where law enforcement has followed proper protocols. Our goal is to minimize the damage and guide our clients to the other side with our skilled legal representation.

Driving Under the Influence (“DUI”) misdemeanors and felonies are prevalent offenses in Southern California, and due to the alarming rate of alcohol-related traffic collisions, the State of California has increased its efforts to combat drunk driving. It is crucial to understand that there are no easy solutions when facing a DUI charge. Drunk driving is a severe offense with severe penalties upon conviction.

Choosing the right defense attorney is the most critical decision you will make after a DUI arrest.

Successfully defending a drunk driving case in Southern California requires firsthand knowledge of the court system and the DMV.

A common mistake people make is attempting to handle their DMV hearings and court cases without legal representation. Without the assistance of a skilled DUI Defense Attorney in Orange County CA, you may be at risk for additional penalties.

Under California Vehicle Code, it is illegal to drive under the influence of alcohol and to drive with a BAC of 0.08% or greater. DUI offenses are “priorable,” meaning the court considers any prior DUI convictions on your criminal record within the past ten years to determine sentencing for the current offense. The penalties become harsher with every conviction. Many DUI offenses are charged as misdemeanors, but a DUI can be charged as a felony. This could be the case if the current offense is your fourth or more conviction within this period, if you have previously been charged with a felony DUI, or if your actions injured someone else. Certain facts and circumstances in your case can increase your sentence in county jail or state prison, regardless of whether this is your first, second, third, or subsequent charge. These aggravating factors include:

Our team at HJP Legal possesses the necessary knowledge and expertise to navigate through the California Department of Motor Vehicles (“DMV”) and court procedures in California, even in cases where law enforcement has followed proper protocols. Our goal is to minimize the damage and guide our clients to the other side with our skilled legal representation.

Driving Under the Influence (“DUI”) misdemeanors and felonies are prevalent offenses in Southern California, and due to the alarming rate of alcohol-related traffic collisions, the State of California has increased its efforts to combat drunk driving. It is crucial to understand that there are no easy solutions when facing a DUI charge. Drunk driving is a severe offense with severe penalties upon conviction.

Choosing the right defense attorney is the most critical decision you will make after a DUI arrest.

Successfully defending a drunk driving case in Southern California requires firsthand knowledge of the court system and the DMV.

A common mistake people make is attempting to handle their DMV hearings and court cases without legal representation. Without the assistance of a skilled DUI Defense Attorney in Orange County CA, you may be at risk for additional penalties.

Family First

At HJP Legal, we understand that drunk driving charges can have far-reaching effects on families. Our focus is on helping families come back together after a distressing event. Our experienced staff will guide you through the criminal court process, administrative hearing, and necessary steps outside of court.

If you or a close friend, or family member is facing a DUI charge, we offer a complimentary consultation at our offices. Please remember that you have only ten (10) days from the date of arrest to keep your license by requesting an administrative hearing through the DMV. Failure to contact the DMV within this timeframe can result in automatic suspension of your driving privileges. Halley can do that and more for you. From the beginning to the end of your case – and beyond, Halley and her team at HJP Legal is there for you.

DUI – CRIMINAL CHARGES

For your convenience, we’ve listed the California vehicle code statutes and penalties pertaining to DUI offenses below.

Driving Under the Influence is codified into law as a violation of Vehicle Code 23152. Subsections (a) and (b) of this Vehicle Code apply specifically to alcohol and are stated as follows:

Vehicle Code Section 23152(a) states: “It is unlawful for a person to drive under the influence of any alcoholic beverage to drive a vehicle.”

Source: California Code, Vehicle Code – VEH § 23152 | FindLaw. https://codes.findlaw.com/ca/vehicle-code/veh-sect-23152/

Vehicle Code Section 23152(b) states: “It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”

Source: California Code, Vehicle Code – VEH § 23152 | FindLaw. https://codes.findlaw.com/ca/vehicle-code/veh-sect-23152/

Under V.C. 23152(a), a person may be charged with a DUI even if they have a blood alcohol level under 0.08 percent.

Penalties for Violation of VC 23152 (a) or (b)

If you are found guilty of driving under the influence in California, you could face up to six (6) months in jail on a first offense and a fine of $390 to $1000 plus penalty assessments.

Depending on the circumstances of the case, you may also be required to:

• Enroll in and complete an alcohol education program
• Install an ignition interlock device
• Make restitution if there was an accident
• Attend AA Meetings
• Submit to alcohol monitoring
• Complete a MADD Victim Impact Panel
• License suspension or revocation

A second DUI conviction generally carries 96 hours to one year in jail, and $390 to $1,000 in fines.

Sometimes and with proper representation, jail time can be converted to house arrest or work service. It’s also important to note that various fees and “penalty assessments” will significantly increase the amount the offender actually pays for a DUI conviction.

If you are arrested for a 4th DUI in California, you can face serious penalties. You can face one year in jail with a 120-day minimum sentence, around $2,000 in fees, driver’s license suspension, an ignition interlock device (“IID”) and DUI courses for 18 months.

Ignition Interlock Device (“IID”) Considerations

In January 2019, a new law went into effect, allowing individuals whose license was suspended for driving under the influence immediate eligibility of a restricted license with the installation of an ignition interlock device (IID). Senate Bill 1046 extended the IID Pilot Program in effect from July 1, 2010, to July 1, 2017, for the counties of Alameda, Los Angeles, Sacramento, and Tulare.

An Ignition Interlock Device is a portable breathalyzer that is wired to the ignition on your vehicle. To start your car, you must provide a breath sample. If the device detects a measurable amount of alcohol, your engine will not start. In addition, you are required to provide periodic breath samples while you operate the vehicle.

Hire The Best for DUI Defense in California

Fighting a DUI charge in Orange County and Southern California is a complex process that requires many years of experience and study. Hire an attorney familiar with the local system in order to protect your freedom and civil rights and avoid harsh, unnecessary penalties.

You need the experience of attorney Halley J. Peters at HJP Legal in your corner. Her 10+ years of experience practicing criminal defense law in California and Florida means she can spot deficiencies and weaknesses in many Southern California DUI cases. It also allows her to negotiate effectively with prosecutors because she speaks their language and knows the inner workings of the judicial system concerning DUI offenses.

Learn what HJP Legal can do for you. Please call us 24/7 at (949) 340-0102 for a complimentary consultation.

Remember that with Halley, no concern is too small.