If the police arrest you for driving under the influence (DUI) in Costa Mesa, you’re likely worried about what happens next. A DUI is a serious offense in California, so it’s essential to understand your options. However, there’s no reason to assume the worst.
A Costa Mesa DUI lawyer can help you build a strong defense to any charges you face for driving under the influence of alcohol in Orange County. Your attorney will examine your situation and help you take informed action immediately.
You can take charge of your situation by seeking legal advice immediately from a professional legal team.
Your DUI Lawyer in Costa Mesa Can Help with Your Unique Charges
California uses many different charges to prosecute DUI offenses. For example, a Costa Mesa DUI defense lawyer can help if you face criminal charges under:
- CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol
- CA Vehicle Code 23153 – Driving Under the Influence of Alcohol or Drugs Causing Injury
- CA Vehicle Code 23152 (d) – Commercial Vehicle DUI
- CA Vehicle Code 23140 – Underage DUI with a BAC of 0.05 or Higher
You can rely on a criminal defense attorney to develop a factual defense that can establish reasonable doubt based on the specific charges you face. Your lawyer will assess your charges, answer any questions you have, and protect your rights.
An attorney can also help if you face charges for driving under the influence of drugs. Drug-related DUI charges can also have severe effects on your future. Fortunately, an attorney can help with your specific needs.
How Do Lawyers Resolve DUI Charges?
An experienced attorney may use several methods to resolve your charges after an arrest for drunk driving around South Coast Plaza, Fair Drive, or anywhere else in Costa Mesa. In many cases, lawyers focus on:
- Getting the court to dismiss DUI charges
- Securing a DUI plea bargain to reduce a client’s charges
- Fighting a DUI accusation in court
A criminal defense lawyer can help you stand up to the district attorney, building a solid defense that can help you avoid jail time, high fines, or the loss of your driving privileges after an arrest by the Costa Mesa Police Department.
Your attorney can represent you if your case goes through the West Justice Center. You can take charge of your situation by working with a firm that understands the legal system in Costa Mesa, Newport Beach, Laguna Hill, and surrounding areas.
What to Expect When Facing a DUI in Costa Mesa
When you hire legal help, you’re getting an attorney with experience helping individuals with DUI charges, taking you through each step of the process and advising you on how to proceed. After a DUI arrest, this is what you can expect to happen:
License Suspension
You have just 10 days to save your license after a DUI arrest. The local DMV will suspend your license for 30 days unless you take action to stop it. You or your attorney must request a DMV hearing within 10 days.
Doing this does not guarantee you’ll avoid the 30-day suspension, but it’s your only chance to try. Other advantages of requesting the hearing include the following:
- You get more time. The DMV may delay your license suspension until the date of your hearing, and scheduling the hearing can take time, sometimes months.
- You will get a testimony before your trial. During a DMV hearing, your lawyer can use a subpoena to get evidence from the officer who arrested you, giving your lawyer a chance for your lawyer to look for any weak spots or inconsistencies in the officer’s story so they can be more prepared for your trial.
- There’s an increased chance of keeping your license. If the DMV hearing goes well, you could avoid losing your license, which is one less thing to worry about during the case.
A criminal defense attorney can help with your DUI hearing.
Your Criminal Proceeding
After the arrest, you’ll face criminal proceedings. The first step is an arraignment hearing where you’ll enter your plea: Guilty, Not Guilty, or No Contest. You’ll likely only plead guilty if your attorney specifically advises it.
Your attorney can ensure each step of this process is carefully planned and considered with your well-being in mind. During the arraignment, your DUI attorney will work to negotiate a better outcome for you.
Ideally, you won’t have to go to trial, and charges will be reduced or dropped. However, a jury will decide your outcome if you continue to trial. Talk to a Costa Mesa DUI lawyer today about your case.
California DUI Penalties
If the court convicts you of a DUI, the penalties in California are steep, even though California often treats DUIs as misdemeanor offenses. Penalties you may face include:
- Fines
- Prison time
- License suspension
- Treatment programs
Penalties become more severe if you have previous DUI offenses, your blood alcohol concentration (BAC) level was high, you refused to take a breath or blood test, or if anyone was injured or killed in the crash. Sometimes, the judge you have can increase your penalties.
You could also face additional charges beyond the DUI, such as traffic violations. Let an experienced DUI attorney in Costa Mesa, CA, review your case and help you fight the charges against you. Do not accept what you believe is your fate.
A strong criminal defense lawyer can help fight to get the charges reduced or dropped based on various factors.
Your Costa Mesa DUI Lawyer Can Protect You
A good lawyer will do everything possible to reduce the severity of your penalties if you are convicted. From pretrial to the day in court, they’ll be looking for holes in the prosecution’s evidence.
For example, a lawyer may look for ways the police violated your rights during the arrest or question the arresting officer’s actions.
An experienced DUI lawyer will also ensure that the police used a properly calibrated breathalyzer, that the officer who administered the test had proper training, and that the officer properly logged all evidence.
What Happens During DUI Probation?
In many cases, California DUI probation lets you avoid going to jail by agreeing to specific terms. Usually, this includes:
- Paying fines. Depending on the county, this can include a base fine between $390-$1,000 for a first offense
- Completing a DUI class program
- Agreeing to never drive with any measurable percentage of BAC in your system during your probation
- Agreeing to submit to a DUI blood or breath test if the police arrest you on suspicion of DUI
- No commission of any other criminal offenses during the probation period
Probation lasts three years minimum for a first DUI offense and can easily last longer. Failure to comply with the terms and conditions of your DUI probation, such as driving and driving, can result in a probation violation (PV).
If you violate probation, the judge can revoke your probation, give additional penalties without trial, and sentence you to jail. It’s crucial to know that probation is not a privilege but a right. Adhering to the terms of your probation means being granted an alternative to jail or prison.
Talk to a DUI lawyer today about the charges filed against you by the prosecutor. Do not talk to anyone without first speaking to your attorney. You can put your case at risk if you do so and increase your chances of getting labeled a drunk driver by the court.
DUI Court Proceedings in Costa Mesa
Most individuals arrested for a DUI with a BAC over 0.08% face charges under VC 23152(a) or VC 23152(b). With the help of an attorney, you can try to avoid a conviction for either of these offenses.
Most California DUI cases involve several court dates. During this time, your attorney will collect evidence, look for video recordings that establish your innocence, run motions, and negotiate with the judge and prosecutor to seek a dismissal or a charge reduction.
If your plea bargain involves you pleading to a DUI or a lesser charge, you can either come to court and plead in person before the judge, or your DUI lawyer can have you sign notarized documents outside of court.
Your DMV APS Hearing
Once the police release you from custody after a DUI arrest, you must surrender your driver’s license pending the DMV’s independent administrative suspension action.
Because of this California requirement, you will get a temporary driver’s license, referred to as the “pink paper” or DS367 form.
This paper serves as a notice to notify the DMV within 10 days of your arrest to request a DMV admin per se (APS) suspension hearing. Costa Mesa DUI attorneys can make defense arguments during an APS hearing to attack evidentiary and procedural issues such as whether:
- The police officer had reasonable suspicion to stop you.
- There was probable cause.
- The police correctly collected the results of the blood or breath test.
- The officer, or a witness who testified, actually observed your behavior behind the wheel of the vehicle.
- The officer correctly completed the DS367 form, or “pink paper.”
If your APS hearing has a positive outcome, the DMV will set aside its suspension, similar to an acquittal in criminal court. A DUI attorney will represent you at every hearing, so you do not have to face the music alone.
Your lawyer can explain more about the California Administrative License Suspension Program, also known as “Admin Per Se” (APS), and how it affects your DUI case.
Speak with a Costa Mesa DUI Lawyer Today
Facing a DUI is hard, but don’t worry alone. After looking at your case, an experienced DUI defense attorney will know exactly how to proceed. They can fight for your best outcome and ensure you receive fair treatment.
We focus on helping those facing a DUI charge connect with the best possible DUI defense attorney for their case. We can get you in touch with an experienced DUI lawyer who will offer a FREE, no-strings-attached consultation to get started.
Don’t wait – the moments following a DUI arrest are the most important in ensuring your best outcome. Call or complete our online contact form to speak with a Costa Mesa DUI lawyer today.
