Receiving a DUI in Irvine can have serious consequences, but it doesn’t have to be the end, and you have options. A DUI lawyer in Irvine, CA, can look at the situation for ways to question the evidence against you, reduce your charges, and even help reduce your sentence.
You might also wonder about what will happen after a DUI. Will you lose your driver’s license? Are you facing jail time?
To get answers and the assistance you need for the best outcome, speak with a Los Angeles DUI attorney as soon as possible.
What Happens After a DUI Arrest in Irvine
DUIs are treated as a misdemeanor in California, but the penalties are serious. If it’s your first DUI, the consequences are typically less severe than a repeat offense. This is what you can expect following a DUI in Irvine:
- Unless you request a hearing with the local DMV within 10 days of your arrest and attempt to end the process, your license will be suspended for 30 days. If you don’t do this, you’ll forfeit your right to have a hearing, and your license will be suspended automatically after 30 days.
- The first step in your criminal proceeding is an arraignment. During this hearing, you’ll enter your plea of guilty, not guilty, or no contest.
- After an arraignment, you may continue to a trial, or your Irvine DUI lawyer can prevent you from going to trial through negotiation. If you go to trial, your lawyer will use strategies to help win your case, but ultimately a jury will decide the outcome.
- If the jury finds you guilty during the trial, you’ll face penalties that differ in severity based on factors, such as the judge, whether or not you had previous DUIs, or if anyone was hurt. Depending on the situation, penalties can include fines, court costs, treatment or education programs, limited driving privileges, a suspended license, and jail time.
What Your DUI Attorney in Irvine Can Do After Your Arrest
A skilled DUI lawyer employs various strategies before and during the trial to advocate for their clients and achieve the best possible outcome. When negotiating a plea bargain or presenting a defense in court, they meticulously analyze the evidence, seeking weaknesses that can be turned in your favor.
Poking Holes in the Prosecution’s Case Against You
Experienced DUI attorneys are adept at identifying gaps in the prosecution’s case. This involves thoroughly examining the evidence presented against you, such as the results of field sobriety tests, breathalyzer or blood test reports, and any other documentation related to the arrest. By subjecting these pieces of evidence to scrutiny, the lawyer may find inconsistencies, errors, or other factors that could cast doubt on the validity of the evidence, weakening the prosecution’s case.
Identifying Violations of Your Rights
Another critical area of focus is looking for potential violations of your rights during the DUI arrest. If the arresting officer fails to follow proper procedures or cannot afford your constitutional rights, your lawyer can file motions to suppress evidence obtained unlawfully. Successfully suppressing evidence can significantly damage the prosecution’s ability to build a strong case against you.
Highlighting Problems with the Arresting Officer’s Testimony
As your DUI lawyer builds their case, they will carefully assess the arresting officer’s testimony. They search for inconsistencies or contradictions that could weaken the credibility of the officer’s account of the events leading to the arrest. By challenging the officer’s testimony, your lawyer aims to raise doubts in the minds of the jury or judge. If an officer is deemed unreliable as a witness, it can potentially lead to an acquittal.
Fighting Challenging Cases
Even if a conviction seems likely, a committed DUI attorney will continue to fight for your best interests. Compared with public defenders, assigned counsels specializing in DUI cases approach challenging cases with greater perseverance, leaving no stone unturned in their pursuit of the best outcome for their clients.
With a DUI lawyer, you stand the best chance of acquittal. But even if you are convicted of DUI, your attorney will use an entire arsenal of legal strategies to reduce the severity of your penalties. Experienced lawyers have excellent negotiation skills and can often work with the prosecution or judge to secure a lighter sentence.
A DUI lawyer in Irvine can also speak to your local DMV, the court, and the police department on your behalf to try to influence the schedule of your hearing, impacting your case in your favor.
Penalties for DUI Charges in California
In California, the penalties for a DUI conviction depend on several factors, with one of the most significant being the number of prior offenses on a person’s record. Whether it is your first, second, or third DUI offense can greatly impact the outcome of your case, leading to varying degrees of severity in the penalties imposed by the court.
California law considers DUI offenses within a specific timeframe. If you have a previous DUI offense on your record, it will count against you for up to 10 years from the date of the prior conviction. If you were arrested for a DUI five years ago and are arrested again within the 10-year window, the new offense will be treated as a second offense.
However, if your first DUI offense occurred more than 10 years ago, California law considers the new DUI as a “first” offense again. In this situation, you may be eligible for less severe penalties than someone with a more recent prior DUI conviction.
Your Criminal Record
It is important to note that while the 10-year lookback period affects the penalties imposed by the court, DUI convictions remain on your driving record indefinitely in California. Insurance companies and employers may still be able to access this information, which can have long-term implications for insurance rates, job opportunities, and other aspects of your life. This is why it’s so important to work with an experienced DUI attorney who can provide:
- The best possible odds of you reducing your charge.
- Getting it dropped.
- Securing an acquittal at trial.
Minimum Penalties for a First DUI Offense
Assuming no one was hurt or killed, penalties can vary depending on the situation. But the minimum penalties for each level of offense are:
- 48 hours of jail time. This jail time can be waived, but doing so will increase your license suspension to 90 days.
- A minimum license suspension of four months, including the 90-day penalty and at least 30 days from the DMV. License suspension could be as much as a year or more.
- Fines and costs of about $1,800, including the minimum fee of $390 plus different assessment fees you’ll pay directly to the government.
- Completion of a mandatory $500 alcohol treatment program that lasts three months. You won’t be able to reduce your license suspension time without taking this.
Maximum penalties for a first offense are:
- $ 3,600 total fees and fines.
- Six months of jail time.
- More license suspension and alcohol treatment time.
You might also have your car impounded for 30 days and be required to install an ignition interlock device on your car.
Minimum Penalties for a Second DUI Offense
Many of the following penalties are extensions of those from a first offense. If this is your second time being arrested for a DUI charge, you could be looking at the following:
- $1,800 in fines and fees
- 96 hours of jail time
- Completion of a mandatory $1,800 long-term (18-month or 30-month) alcohol treatment program
- Minimum license suspension of one year and restricted driving (only being allowed to drive to work, work-related errands, and to alcohol treatment) for two years
- Required installation of the interlock device on all your vehicles
Maximum penalties for the second offense can be up to $4,000 in total fines and costs, a year of jail time, and two years of restricted driving. You might also have your car impounded for 30 days, along with the installation of the interlock device.
Minimum Penalties for More than Three DUI Offenses
Individuals with a record of three or more DUI offenses will face serious repercussions. The minimum penalties include:
- $1,800 in fines and fees
- 120 days of jail for a third offense or 180 days for a fourth offense
- Driver’s license completely revoked for a minimum of three years with a third offense or four years with a fourth offense (no restricted driving privileges)
- Mandatory completion of a $1,800 mandatory 30-month alcohol treatment program before getting your driver’s license back
Maximum penalties for a third offense or greater could lead to fines and fees of up to $18,000. Jail time can be up to a year for three offenses or 16 months in a California state prison for a fourth offense. Your license would be suspended for two years with two years of restricted driving and car impoundment for 90 days (or total loss of your vehicle to the state).
Other DUI Criminal Penalties in Irvine
In addition to being ordered to complete time in an Orange County county jail or California state prison, there are other penalties you could also face if you are found guilty of drunk driving or another related offense. Your DUI lawyer in Irvine, CA, will closely evaluate the potential penalties to determine the extent of the consequences you are facing and figure out how to best approach your defense strategy.
Some examples of the other criminal penalties associated with DUI convictions include:
- Being ordered to complete community service hours
- Attending a group therapy program
- Completion of court-ordered mental health counseling
- Installation of a court-approved ignition interlock device (IID) at your own expense
- Completion of probation restrictions, including abstaining from drug or alcohol use and undergoing random drug testing
- Court-ordered restitution to any victims in your case
The Impact of an Irvine DUI Conviction on Your Life
Beyond the criminal penalties of a drunk driving offense are the ways your life will be impacted if you are convicted. Also commonly known as collateral consequences, the effect of a conviction on your life could be far-reaching. Examples of these collateral consequences could include:
- Risk of citizenship issues such as deportation or a delay in the approval of your
- Loss of firearm rights and being ordered to turn in your firearms to police
- Issues with child custody cases or visitation rights
- Disqualification from federal loans to pay for college tuition for other education expenses
A DUI Lawyer in Irvine Can Protect Your Rights
While you focus your efforts on preparing yourself mentally for what the next steps could look like, your Irvine DUI attorney will handle the legal side of things, which includes:
- Answering any questions you may have about your case and offering legal advice
- Gathering evidence from other parties involved to calculate the full value of your case
- Collecting the police report and surveillance video of the accident
- Hiring an accident reconstructionist to put together the scene of the crash
- Building a strong case to avoid extensive consequences on your behalf
Being Arrested for Drug DUI Charges in Irvine
A drug DUI charge under Vehicle Code §23152(e) in California carries the same penalties as alcohol-related cases. It is usually charged as a misdemeanor.
Drugs include any legal or illegal substances besides alcohol that affect a driver’s nervous system, brain, or muscles. Irvine DUI attorneys can explain to defendants which substances are typically covered. The vast majority include commonly prescribed drugs like Vicodin or Percocet and street drugs like PCP or heroin.
Get Connected with an Irvine DUI Lawyer Today
A DUI can greatly affect, even ruin, your life without a good defense. Don’t assume there’s nothing that can be done in your case. Speak with an experienced Irvine DUI lawyer, but do it quickly, as deadlines are tight after a DUI.
Our network of lawyers has spent their entire careers working DUI cases and staying up-to-date on DUI laws throughout Irvine and the Greater Los Angeles Area. Call us today to get connected with our team for FREE, and we can help you pursue the best outcome in your situation.
