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Drunk Driving Orange County
Shortly after being arrested for a DUI, you may be overwhelmed with possible questions. What are the consequences of Drunk Driving in Orange County? What will happen to your drivers license? Is a DUI a felony, or a misdemeanor? Will you go to jail? This section will provide answers to some of your questions and explain the steps to take to get your life back on track.
Only the following agencies have jurisdiction to arrest for drunk driving cases in Orange County:
Anaheim Police Department
Brea Police Department
Buena Park Police Department
Costa Mesa Police Department
Cypress Police Department
CSUF University Police
Dana Point Police Department
Fountain Valley Police Department
Fullerton Police Department
Garden Grove Police Department
Huntington Beach Police Department
Irvine Police Department
La Habra Police Department
Laguna Beach Police Department
Los Alamitos Police Department
Newport Beach Police Department
Orange Police Department
Placentia Police Department
Santa Ana Police Department
Tustin Police Department
UCI Police Department
Orange County Fire Authority
Orange County Marshals Department
Orange County Probation Department
Orange County Sheriff Coroner
Orange County DUI Lawyer
Welcome to our Orange County DUI and Drunk Driving Information page, your source of legal information about driving under the influence laws, DUI penalties, DMV driver's license suspensions, DUI/DWI lawyers, criminal courts, blood-alcohol evidence, car insurance after a DUI, and police investigative procedures in "The OC" - Orange County, California.
Police Agencies, Procedures, and your Legal Rights:
Persons prosecuted in Orange County were likely arrested by one of the following agencies:
Anaheim Police Department
Brea Police Department
Buena Park Police Department
Costa Mesa Police Department
Cypress Police Department
CSUF University Police
Dana Point Police Department
Fountain Valley Police Department
Fullerton Police Department
Garden Grove Police Department
Huntington Beach Police Department
Irvine Police Department
La Habra Police Department
Laguna Beach Police Department
Los Alamitos Police Department
Newport Beach Police Department
Orange County Sheriff Coroner
Orange Police Department
Placentia Police Department
Santa Ana Police Department
Tustin Police Department
UCI Police Department
Orange County Fire Authority
Orange County Marshals Department
Orange County Probation Department
Orange County Sheriff Coroner
Police Procedures:
The law requires that an officer have probable cause before you are arrested. Typically, the training for officers as well as caselaw, requires police to establish probable cause by a violation of the law, an accident, and observations of the physical manifestation of intoxication. This is subjective, and many agencies require that Standardized Field Sobriety Tests be given, correctly, and perhaps a field breathalyzer, or PAS machine, to establish alcohol in your blood. Your Miranda warnings, or the "reading of your rights", also require that you be advised or warned before they take testimony from you after arrest.
Your Rights:
You have the right to refuse the FST's, and you have the right not to state anything that may incriminate you. You even have the right to refuse a blood, breath, or urine test, but if you do so, your license will be suspended for one year. You always have the right to be treated fairly by the police, and for the police to not use unreasonable force against you during arrest.
How can I estimate my Blood-Alcohol Level?
Use our Blood Alcohol Level (BAC) Calculator.
DUI Charges (The Law):
The California Vehicle Code, specifically, VC section 23152(a) and 23152(b),
sets the law on DUI cases, and states as follows:
VC 23152:
(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
The two sections above are typically charged together. The first has to do with your ability to safely operate a motor vehicle, irregardless of your blood alcohol level. The second, or (b) count, requires that you have a .08% blood alcohol content, or BAC, by weight, California's "legal limit". The term "alcoholic beverage and drug" or "alcoholic beverage or drug" in the (a), or first count, does not mean that you were driving with drugs in your system, but that either alcohol or drugs, or both, were found at the time of driving, not that you in fact did have both in your system.
Your Driver's License and the DMV:
THE DMV REQUIRES THAT YOU ACT WITHIN ONLY TEN CALENDAR DAYS (not business days) from the date of your arrest to protect your driving privileges. It is best, if you are going to retain an attorney, to allow the attorney's office to schedule the DMV hearing for you. Our fee includes this service, and we can schedule a hearing that works with our availability (court and DMV) schedule. For your convenience, if you cannot retain an attorney within 10 days, the phone numbers for all Orange County DMV matters, to do so, is reproduced here:
The Irvine Office of Driver Safety:
phone: (949) 440 4416 fax: (949) 440 4424
16735 Von Karman, Suite 110
Irvine, CA 92606
When you call, advise them that you are retaining an attorney, that you request a stay on your driver's license suspension, and that you will be sending a written request for discovery. They will ask if you request an "in person" or "telephonic" hearing, and we recommend that you set it for an in person, for reasons I am happy to discuss during our consultation. By making this request you ensure that that your driving privilege will not be suspended until your case is heard. At the DMV hearing, a hearing officer will conduct the hearing. His or her function is to prosecute the case and make a final decision based on the evidence presented. Your need to drive or your need for a driver's license for work are not considered relevant and cannot be considered at the hearing. Likewise, you cannot apply for a "hardship" license based upon medical, employment, or education right to drive, unless you are under age 21.
At your hearing, only the following issues will be discussed, by law: (If you took a blood, breath or urine test)
- Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
- Were you placed under lawful arrest?
- Were you driving a motor vehicle when you had a 0.08% or more by weight of alcohol in your blood or 0.05% or more if under age 21?
The minimum penalties for DUI charged as a misdemeanor, and not a felony, includes all of the following:
- Informal, or summary, probation for three to five years
- Six months in the county jail
- Six months license suspension
- A fine of $1,000 plus penalty assessment, or a total of $2,710, (the minimum is $390 plus penalty assessment); (The "penalty assessment" is a state tax created by statute in the late 1960s, and is now larger than the fine. Currently, the penalty assessment is 171% of the fine, meaning that on a $100 fine, the total payment is $271 almost triple the original fine. Current legislation pending will increase the penalty assessment).
- Contribution of $100 to the California State Restitution Fund
- Proof of enrollment in, and proof of completion at, a Level 1, or AB-541 Alcohol Education Program
- An "Alcohol Abuse Prevention" fee of $50.00
- A "Blood Alcohol Content" testing fee of $37.00
- A Court security fee of $20.00.
Additionally, in Orange County, in the Harbor Justice Center Laguna Niguel Facility, and the Harbor Justice Center Newport Beach Facility, two of the toughest in the county for Orange County DUI cases, you could be facing some additional requirements: One, that you attend AA (Alcoholics Anonymous) classes at least two times per week, and depending upon your blood alcohol level, second, you may have to promise to stay away from any place that serves alcohol, even restaurants, and third, you may be asked to promise not to drink any alcohol for three years
The maximum includes all of the above, plus six months in jail, and a fine of $1,000 plus penalty assessment, or $2,700 total.
Insurance:
There are two ways insurance companies generally deal with customers convicted of a DUI in Orange County. First, your insurer will likely raise your insurance premiums and label you a high-risk driver if it finds out you've been convicted of DUI. In this case, you'll likely have to file proof of insurance for three years minimum with the California Department of Motor Vehicles (DMV). Your insurance company will have to provide the DMV with an SR-22 form, which removes your license suspension and replaces it with a restriction by providing the California DMV with proof of insurance. An SR-22 also means your insurance company is required to notify the DMV if it cancels your insurance for any reason. Most state laws require persons that DUI convicts to get an SR-22 from their insurers, so you can't hide. In addition, your company may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction, especially if you are currently in a preferred class. Your company will send you a notice stating why you've been canceled, and then you'll have to find another insurer while having a cancellation on your claims history.
Some insurance companies don't offer SR-22 policies, so you may also be non-renewed or canceled because your company can no longer provide what you need.
Los Angeles information on Drinking and Driving.
San Diego information on Drinking and Driving.
Orange County Drunk Driving > Drunk Driving Orange County
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