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 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 months in jail for DUI offenders. Contact Los Angeles DUI Attorneys today for a free consultation.
Basic DUI Penalties
Driving under the influence of drugs or alcohol entails a range of penalties contingent on specific circumstances like the nature of the incident, chemical test refusal, age, and driver’s license type.
California DUI penalties for all DUI cases encompass:
- Admin per se license suspension
- Additional license suspensions
- Fines and court assessments
- Potential jail time
- Completion of lengthy alcohol education programs (Alcohol school)
- Possible installation of ignition interlock device
- Unofficial consequences, including increased insurance costs
Notably, drunk driving charges 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, adding far-reaching consequences like mandatory alcohol treatment, an 18-month alcohol class, prison time, loss of professional licenses, and thousands of dollars in fines.
With so much at stake, it’s important to seek legal representation from an experienced Newport Beach DUI attorney as soon as possible.
Will You Lose Your Driver’s License if You’re Convicted of a DUI in Orange County?
When you’re convicted, 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
- The level of alcohol in your blood – your total blood alcohol content (BAC)
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. Your attorney 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 criminal attorney as soon as possible to build an aggressive defense.
License Restrictions
If you have a restricted license, you can drive only to and from work and to and from your mandatory alcohol abuse counseling treatment program. If your job requires you to perform work-related errands, you might also gain access to this.
If this is your first driving under the influence charge, 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. Multiple DUI offenses can lead to license revocation.
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 ignition 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 Defense Lawyer Do for You?
Your lawyer will work to get you the minimum penalties for your driver’s license. Even with a first-time DUI, a longer suspension is possible, so seeking 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 legal defense for you (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 by a law enforcement officer, 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 to determine the amount of alcohol in your bloodstream. 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.
Evidence that Can Be Used Against You in a DUI Case
In order to understand how your criminal defense 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.
- 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 build a successful defense strategy 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
In Orange County, A DUI is a serious criminal charge that calls for legal counsel and a strong defense. If you were arrested for driving under the influence of drugs or alcohol, don’t miss out on the chance to pursue a favorable outcome.
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 can connect you with the ideal DUI defense lawyer for your case. Don’t face this difficult time alone. Contact Los Angeles DUI Attorneys today for a no-obligation, free, confidential consultation with an experienced attorney.
