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Orange County Drunk Driving

What to Expect

If you are arrested for an Orange County DUI-DWI you will be faced with some very difficult decisions. Most likely you will want to hire a qualified Orange County DUI-DWI attorney who can represent you at all phases of the proceedings. It is important to remember that two distinct hearings are triggered by an Orange County DUI arrest: a criminal court proceeding and a civil proceeding through the Department of Motor Vehicles. At both, you or your attorney will be able to provide evidence as to your Orange County DUI case. You have the right to defend your drunk driving case and may be able to get the charges dropped or at least reduced.

After Arrest for an Orange County DUI-DWI

After an arrest for an Orange County DUI the arresting officer will likely have confiscated your driver’s license and replaced it with a temporary license (DS-367). This temporary license expires 30 days from the date of arrest and gives important information to the suspected drunk driver. Most importantly, the DS-367 states that you have only 10 days from the date of arrest to contact the Irvine Driver’s Safety Branch to request a hearing. This hearing will usually be set a month or more from the date it is requested and the DMV will send you a new temporary license on expiration of the first one. In essence you will have full driving privileges until a decision is reached at the DMV Administrative Per Se hearing following your Orange County DUI. The DMV restriction is based off of the arrest for the O.C. Drunk Driving incident, so the penalty can and will be in addition to any criminally imposed sanctions. Most likely, if the DMV APS hearing results in a suspension it will be a 4 month suspension with 1 month of hard suspension (no driving) for a first time Orange County DUI offense. After that, a suspected drunk driver may apply for a restricted license which gives the applicant the ability to drive during the course of employment and to and from an alcohol treatment program. The restricted license will lengthen the original 4 month hard suspension to 5 months of restricted driving.

Court Sanctions following an Orange County DUI

A conviction in the criminal courts following an Orange County DUI arrest will result in a 6 month suspension of your license for a first time offense. The abstract will be sent from the court immediately after a decision is reached in the drunk driving case regardless of whether it is the result of a plea bargain or a jury trial. While the 6 month restriction is in addition to the DMV limitation, a qualified Orange County DUI attorney can run the sentences concurrently. Furthermore, the 6 month restriction imposed by the criminal court allows you to immediately apply for a restricted license.

The penalties for an Orange County DUI could be jail, an alcohol treatment program, probation and fines. Depending on the facts of the arrest, jail time could be up to a year for a misdemeanor and seeral years in a state penitentiary for a felony. No matter what the circumstances of the case, an experienced Orange County DUI Defense Attorney can assist you in achieving the best possible outcome of your case.

More Information:

Orange County Law Enforcement
DUI Schools
What to Ask a DUI Lawyer is an informational website provided by a top Orange County DUI lawyer to help those charged with drunk driving in these Orange County cities: Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Surfside, Tustin, Villa Park, Westminster and Yorba Linda.