Drunk Driving/DUI Info

Orange County DUI Lawyers

At Takakjian, Sowers & Sitkoff LLP, in Orange County, California, our attorneys and staff provide our clients with clear explanations and frequent updates regarding their legal matters.

Below is general information on California DUI law. This information is meant to educate you generally and is not a legal manual on DUI law. Each case is decided upon its specific facts as related to the law. If you have questions about drunk driving defense, the former district attorneys of our DUI defense law firm can answer them for you. Contact us today for a free initial consultation.

Overview of the Crime of Drunk Driving

Each US state has its own set of drunk-driving laws, but there are certain concepts and features common to most states' drunk-driving jurisprudence. Basically, as we all know, it is illegal and a crime for a person to operate a motor vehicle after consuming alcohol and/or drugs to a degree that impairs his or her safe driving ability and judgment. Both criminal and civil penalties for drunk driving can be harsh and often include:

• Loss or suspension of license
• Large fines
• Substance-abuse treatment
• Jail or prison time
• Community service
• Restitution
• Criminal record
• Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses

In addition, the social stigma and effect on your career may have lifelong negative consequences.

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The Role of Probation in Drunk-Driving Sentencing

Probation is by far the most common sentence for people convicted of drunk driving, especially for first-time offenders. Probation is a criminal sentence served in the community, rather than in jail or prison. Most states limit terms of probation to a maximum of five years. If you are facing a drunk-driving charge, an experienced lawyer can assist you with your defense and, if necessary, advocate for a fair sentence.

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The Prosecutor's Role in a Drunk-Driving Case

Prosecution refers to the government's role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government's case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states' attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.

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Reliability of Breath-Test Results in a Drunk-Driving Case

In every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation.

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The Impact of a Drunk-Driving Conviction on Your Auto Insurance

An alcohol-related car accident and subsequent drunk-driving conviction can bring many negative consequences into your life, possibly including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your drivers license, attorneys fees, restrictive probation and others. If you are arrested for or charged with drunk driving, a criminal-defense lawyer can advise you about your legal rights and help you fight the charges.

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