The consequences of DUI charges in Newport Beach are serious and can include license suspension, hundreds or even thousands of dollars in fines, and jail time. Spending time in jail means missed work, and a license suspension also makes it difficult to get to work.
Eventually, you could lose your job, and a criminal record can make it hard to find a new one. This situation can be overwhelming, even scary, but the sooner you take legal action, the better. There are legal options, and your case might not be as cut-and-dry as you think.
An experienced DUI lawyer in Newport Beach can help you. Our Orange County team works to reduce or eliminate jail time for DUI offenders. Contact us today for a free consultation with one of our experienced DUI lawyers.
Basic DUI Penalties in Newport Beach, CA
Driving under the influence of drugs or alcohol in Newport Beach, CA, entails a range of penalties contingent on specific circumstances like the nature of the incident, chemical test refusal, age, and driver’s license type.
Common consequences for all DUI cases encompass:
- Admin per se license suspension
- Additional license suspensions
- Fines and court assessments
- Potential jail time (modifiable to probation in certain cases)
- Completion of lengthy alcohol education programs
- Possible installation of an ignition interlock device
- Unofficial consequences, including increased insurance costs
Notably, DUIs in California are considered “priorable,” resulting in heightened penalties for individuals with prior DUIs within the last ten years. Any DUI within this timeframe is taken into account, amplifying the consequences you may face.
Will You Lose Your Driver’s License If You’re Convicted of a DUI in Orange County?
When you’re convicted of DUI in Orange County or elsewhere in California, your license will be suspended initially, even if the DUI was a first offense. However, the details and length of time depend on your specific case.
There are three main types of driver’s license suspensions:
The Initial “Administrative Suspension”
This suspension happens right after someone is arrested for a DUI and can last up to four months. The DMV will automatically suspend your license for 30 days after the arrest, but you can attempt to stop this suspension if you request a hearing within 10 days of your arrest. If you miss this deadline, however, there’s no way to recover and no appeals.
This short hearing can be done in person or over the phone. During the hearing, you’ll be asked about the following:
- Whether it was reasonable for the arresting officer to believe you were driving while under the influence of alcohol
- Whether you were lawfully arrested
- Whether your blood alcohol content (BAC) was 0.08% or higher
These questions are not always easy to answer, as you might not know your blood alcohol level at the time (test results can take weeks). Even if you’re innocent, the officer may have reported that you were incoherent. One of our DUI lawyers in Newport Beach will know what the DMV officer seeks from your answers and can help you provide the best ones.
Full Suspension
During a full suspension, you are not allowed to drive anywhere. This suspension automatically takes effect if you’re convicted of a DUI. If it’s a first-offense DUI, the minimum for full suspension is two months, which includes 30 days from the DMV and an additional month from the criminal penalty.
Ideally, your lawyer can fight for only the minimum suspension and nothing longer. Losing your license can restrict what you can do in life, so it’s important to consult with a Newport Beach DUI attorney as soon as possible about your case.
License Restrictions
If you’re given a license restriction, you can drive only to and from work and to and from your alcohol treatment program. If your job requires you to perform work-related errands, you might also gain access to this.
If this is your first DUI, the minimum time you’ll receive a license restriction is four months. However, if you need driving privileges for work, the minimum is five months. You’ll receive this on top of the minimum of two months of full suspension for a first offense.
Getting Your License Back
Once your license suspension or revocation is finished, you must take steps to get it reinstated; you don’t automatically get it back. First, you’ll need to show proof that you completed all conditions of your conviction, such as:
- Completing the alcohol treatment program
- Serving the entire license suspension period
- Installing an interlock device on your car (at your own expense), if required
- Finishing traffic or DUI school, if required
Next, you’ll need to ensure you have car insurance. If you already carry car insurance, the standards will be higher because your conviction makes you a higher-risk driver. You’ll need to provide proof to the DMV by filling out an SR-22 form to show that your insurance company knows about the changes.
Finally, you must visit the DMV and complete a DL-44 form to apply for license reinstatement. Bring all the documentation mentioned above with you. After presenting this and paying a $150 fee, the license reinstatement will be processed.
What Can Your Newport Beach DUI Lawyer Do for You?
Your DUI lawyer in Newport Beach will work to get you the minimum penalties for your driver’s license. A longer suspension is possible even with a first-time DUI, so seeking professional legal assistance is key to improving your chances.
They can:
- Help you act quickly to stop the administrative suspension of your license with the DMV.
- Advise you on the best choices for your case to reduce your suspension time.
- Assist with arrangements for getting to and from work and court arrangements.
- Ensure you understand what is needed to get your license reinstated as soon as possible.
- Build a strong defense for yourself (since you don’t lose your license if you aren’t convicted).
- Negotiate with the court and prosecutor for reductions in charges if they can’t get them dropped completely.
Can You Refuse to Take a Blood or Breathalyzer Test?
If you have already been arrested, it’s illegal to refuse the test. When you applied for your driver’s license, you agreed to take the test in advance, so it’s not optional. Refusing the tests means an additional one to three years of license suspension and a $125 fine.
There are three tests you can be asked to take if the police officer suspects a DUI:
- Breathalyzer test: This is where you will be asked to blow into a machine that evaluates the alcohol on your breath. Your results are immediate.
- Blood test: With this method, you’ll be taken to a hospital to give a small blood sample, and it’ll be sent to a lab for analysis. Your blood alcohol level results can take days or weeks.
- Urine test: This is performed in a hospital, is less common in California, and is more likely if illegal drug use is suspected. Your results may take days or weeks.
What Happens if You Have a Drug or Marijuana DUI Charge in California?
According to California Vehicle Code §23152(e), a drug DUI charge, which includes the use of illegal substances, prescription drugs, over-the-counter medication, and marijuana, carries the same penalties as it does for alcohol-related cases. It is charged as a misdemeanor DUI.
While marijuana is legal in California, it is illegal to drive under the influence of it. The prosecutor for your case will need to prove, beyond a reasonable doubt, that you drove your car while impaired by marijuana.
Your criminal defense attorney can easily challenge the police officer’s statements and accusations since the technology for drug testing has not evolved as it has for alcohol.
How To Find the Right Newport Beach DUI Lawyer
When you are charged with DUI in Newport Beach or elsewhere in Orange County, you need the experience of a trusted DUI criminal defense lawyer. Do not put your trust in anyone but a lawyer who solely handles DUI cases. Resist the temptation to work with the public defender and accept a plea deal.
When looking for a Newport Beach DUI attorney, do the following:
- Talk to friends and family members who might have used a DUI lawyer in the past.
- Read testimonials from former clients found on the lawyer’s website.
- Talk to the attorney during a consultation so you can learn more about them.
- Be open and honest with the lawyer about the traffic stop that led to your DUI arrest.
- Only work with a Newport Beach DUI lawyer who focuses on drunk driving cases.
Reach out to Los Angeles DUI attorneys today to discuss your case with an experienced attorney. The sooner you do, the sooner your lawyer can start building an aggressive defense on your behalf.
Evidence that Can Be Used Against You in a DUI Case
In order to understand how your attorney can defend you, it’s important to know the type of evidence that will be used against you. Our Newport Beach criminal defense lawyers use this evidence to seek weak spots.
While law enforcement and the prosecutor will try to make this evidence seem impenetrable and unquestionable, this is rarely true.
The main pieces of evidence that will be used against you in your DUI case will be:
- How you were driving: examples include drifting into other lanes, going off the road, or weaving back and forth
- Your body language (shaky hands, falling over, slow reflexes)
- How you performed in field sobriety tests (FSTs)
- Your blood alcohol concentration (BAC) level based on a blood, breath, or urine test
- Incriminating statements you may have made
Our goal is to fight criminal charges and avoid a criminal conviction, but we can explore other possibilities if needed, such as a plea to a lesser offense.
Speak with a Newport Beach DUI Lawyer Today
A DUI is a serious criminal charge that calls for professional legal counsel. If you were arrested for driving under the influence of drugs or alcohol, don’t miss out on the chance to pursue the best outcome and move on with your life as soon as possible.
Whether you face misdemeanor or felony charges, a criminal defense lawyer with extensive DUI experience can guide you through the legal process and fight for your freedom and future.
We’ve compiled a database of the best, most experienced Newport Beach DUI defense attorneys. We can connect you with the ideal lawyer for you based on your needs and their experience. Call us today for a free consultation with an experienced Orange County attorney.
