Sobriety checkpoints and “saturation” DUI patrols result in tens of thousands of arrests in Orange County each year for driving under the influence of alcohol or drugs. Law enforcement agencies have responded aggressively to recent reports that Orange County ranked second only to Los Angeles County for California DUI-related deaths and injuries. Unfortunately, vigilant law enforcement too often leads to unfair arrests of innocent drivers.
Individuals who are arrested for DUI in Southern California face severe consequences, including thousands of dollars in fines and court costs, jail time, and a suspension of driving privileges. Towing charges and increased insurance premiums additional costs to a DUI conviction. Professional drivers and individuals who drive company cars risk the loss of a job when they are convicted of a DUI.
California drivers who are arrested for any DUI offense face both criminal and administrative proceedings. Representation by a DUI defense attorney maximizes their opportunity to avoid criminal penalties and the loss of driving privileges.
Criminal penalties depend upon the type of DUI prosecution you are facing. They also depend on whether you have a prior DUI conviction. The most serious consequences apply to felony convictions. Felony charges usually result from DUI accidents that cause deaths or serious injuries, a third DUI after two prior convictions within ten years, or a fourth DUI during a driver’s lifetime.
When you retain The Law Offices of Randy Collins, an experienced DUI defense lawyer will help you avoid or minimize criminal penalties, including:
A vigorous defense should be tailored to the facts of the case. It might focus on:
If you have been arrested for a California DUI, contact The Law Offices of Randy Collins at (888) 250-2865 to learn about the defenses that are available in your case.
Even before a case reaches trial, a driver who is arrested for DUI faces administrative penalties that are imposed by the California Department of Motor Vehicles. Those penalties may be assessed whenever a driver’s breath or blood test result shows a blood alcohol concentration of 0.08% or higher.
When a driver submits to a test that shows a blood alcohol concentration of at least 0.08%, the police will provide the driver with a number of documents. One of those will probably be a Notice of Suspension. That notice advises drivers that they have 10 days to request an administrative hearing. Failure to request a hearing will usually result in an automatic suspension of driving privileges pursuant to California’s “Administrative Per Se” law.
For drivers who have reached the age of 21, the Administrative Per Se suspension is 4 months for a first offense or 1 year for a second or subsequent offense within a 10 year period. For drivers who are under the age of 21, any test result above 0.01% carries an automatic 1 year suspension.
A number of defenses can be raised to Administrative
Per Se violations, but they can only be raised if you make a timely request for a hearing. It is best to see a DUI defense attorney immediately so that you can be sure the hearing request is filled out correctly and is filed on time and in the right place.
When a driver refuses to take a breath or blood test, that refusal may violate California’s “implied consent” law. All drivers in California consent, as a condition of driving on California roads, to submit to blood or breath tests when an officer lawfully requests them. When a driver is driver is under the age of 21, the implied consent law applies to preliminary screening tests that are administered before an arrest. Drivers who have reached the age of 21 are entitled to refuse a pre-arrest breath test without consequence.
If you are accused of violating the implied consent law, the arresting officer will give you a document you can use to request a DMV review hearing. You must make that request within 10 days or a driver’s license suspension will take effect automatically. That suspension will last:
You may also receive extra jail time as a result of refusing a test. In addition, you will lose your eligibility to receive a restricted (work-related) driver’s license.
A “refusal” to take the test can be based on a driver’s unsuccessful attempt to take the test if the officer thinks the attempt was a “sham” designed to defeat the test. Innocent drivers who suffer from asthma often find themselves facing refusal proceedings.
Successful defenses can be based on a driver’s good faith attempt to take the test, the officer’s failure to follow all required procedures, lack of probable cause to arrest, and other issues. You need to act within 10 days after your arrest in order to contest the DMV suspension. Call The Law Offices of Randy Collins as soon as you can to be sure your hearing request is filed correctly and on time.
Following my arrest, I had no idea how much trouble I was in. Randy made me feel like we were a team and that I could trust he would take care of things. He kept me out of trouble and I was able to keep my license during the proceedings.Susie S.
I had never gotten in trouble before, so I was pretty concerned when I called MacGregor & Collins, LLP. After a 30 minute consultation with Ron about my DUI with injury I felt like I was in the right hands. I went with them and was very happy with the result.Rob D.
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There are a number of defenses that can be used in a DUI case. An attorney will first look at the arrest record and make sure that if there was probable cause and if police procedure was followed correctly. Witness testimony could be needed to prove your physical and mental state at the time of the arrest. Challenging a police officer’s motives for suspecting alcohol-induced behavior is one of the most common defense tactics used.
An attorney can also try and plea the case down to a wet reckless driving. This is only applicable in first offense cases where no accident or injury was involved. The charges are reduced to reckless driving, which carries no jail time.
By contacting The Law Offices of Randy Collins, you can put an experienced DUI defense attorney to work on your behalf. An award-winning criminal defense attorney can make the difference between a successful outcome and severe consequences. Call The Law Offices of Randy Collins at (888) 250-2865 to arrange for a free consultation regarding your DUI arrest.