DUI Laws and Penalties in Orange County, California

Facing a DUI (Driving Under the Influence) charge could leave you feeling anxious about the penalties, and how this charge could change your life.

In this article, we will help you understand the specific DUI laws in California, what you're up against, and how to navigate the system.

Let’s dive in.

DUI Laws and Penalties in Orange County, California

California has strict DUI laws to deter people from driving under the influence of alcohol or drugs. Here’s a closer look at what these laws entail and what they mean for you.

1. Basic DUI Law (California Vehicle Code § 23152(a) and § 23152(B))

This law makes it illegal to drive a vehicle if you are under the influence of alcohol. More specifically, § 23152(a) makes it illegal to drive while impaired by alcohol, while § 23152(b) makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher.

If you are pulled over and your BAC is 0.08% or higher, you can be charged with a DUI, even if you feel like you can drive safely. The law focuses on your BAC level, not how you feel or behave.

2. DUI for Commercial Drivers (California Vehicle Code § 23152(D))

For those who drive commercial vehicles, the BAC limit is lower. It is illegal to drive with a BAC of 0.04% or higher.

Commercial drivers are held to a higher standard because they often operate larger vehicles that can cause more damage in an accident. If you are a commercial driver, it’s crucial to be extra cautious about drinking before driving.

3. DUI for Drivers Under 21 (California Vehicle Code § 23136, § 23140)

California has a zero-tolerance policy for drivers under 21. It is illegal for underage drivers to have any measurable amount of alcohol in their system while driving.

If you are under 21 and caught with a BAC of 0.01% or higher, you can face DUI charges. Additionally, if your BAC is 0.05% or higher, you could face more severe penalties like those faced by adult drivers.

4. DUI Causing Injury (California Vehicle Code § 23153)

If you drive under the influence and cause bodily injury to someone else, the charges are more severe.

This law turns a standard DUI into a more serious offense. If you injure someone while driving under the influence, you could face felony charges, which come with harsher penalties, including longer jail time and larger fines.

5. Drug DUI (California Vehicle Code § 23152(F) and § 23152(G))

These sections address driving under the influence of drugs, including prescription medications, over-the-counter drugs, and illegal substances.

If you are caught driving under the influence of any drug, even legally prescribed medication, you can be charged with a DUI. The penalties are like those for alcohol-related DUIs.

More About DUI Penalties in Orange County

We have touched on DUI penalties above, but here’s a more detailed look.

Penalties can vary based on several factors, including your BAC level, whether it’s your first offense, and if anyone was injured.

First DUI Offense

• Fines: You could face fines ranging from $390 to $1,000.
• License Suspension: Your driver’s license could be suspended for up to six months. You might be eligible for a restricted license, which allows you to drive to work or school.
• Jail Time: You could face up to six months in county jail, though this is often reduced or replaced with probation.
• DUI School: You will likely be required to complete a DUI education program, which can range from three to nine months.

Second DUI Offense

• Fines: Fines increase on your second DUI offense, with penalties ranging from $390 to $1,000.
• License Suspension: Your license could be suspended for up to two years. A restricted license might be available after a certain period.
• Jail Time: You could face 96 hours to one year in county jail.
• DUI School: You will need to complete an 18- or 30-month DUI education program.

Third DUI Offense

• Fines: Like second offenses, fines range from $390 to $1,000.
• License Suspension: Your license could be suspended for up to three years. After 18 months, you might be eligible for a restricted license.
• Jail Time: You could face 120 days to one year in county jail.
• DUI School: Completion of a 30-month DUI education program is required.

DUI Causing Injury

• Fines: Fines range from $390 to $5,000.
• License Suspension: Your license could be suspended for up to five years.
• Jail Time: You could face 16 months to 16 years in state prison, depending on the severity of the injuries caused.
• Restitution: You may be required to pay restitution to the injured parties.

Note: In addition to the fines mentioned above, costs might increase significantly due to penalty assessments, DMV fees, and other case-related fees. So a DUI charge can be quite expensive to deal with.

Defenses for DUI Charges

There are several defenses that we can use in DUI cases:

1. Improper Stop: This defense applies if the police lacked probable cause to make the traffic stop. In such a scenario, any evidence obtained may be inadmissible.
2. Inaccurate BAC Tests: Breathalyzer and blood tests can sometimes yield inaccurate results due to improper calibration, maintenance, or administration.
3. Rising BAC: Alcohol takes time to absorb into the bloodstream. It is possible that your BAC was below the legal limit while driving but rose above the limit by the time you were tested.
4. Medical Conditions: Certain medical conditions or medications can produce symptoms like intoxication or cause false positives in BAC tests.

Why Hire a Criminal Defense Attorney From the Johnson Criminal Law Group

As your DUI attorneys, we can significantly impact the outcome of your case by:

• Challenging the Evidence: Reviewing the prosecution’s evidence for any inconsistencies or procedural errors.
• Negotiating Plea Deals: Working with the prosecutor to reduce charges or secure a more lenient sentence.
• Representing You in Court: Providing strong representation to ensure your rights are protected and advocating for the best possible outcome.

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