Driving Under The Influence / Drunk Driving / DUI (Vehicle Code Sections 23152, 23153)
One can be charged with Driving under the influence (DUI) if they have a blood alcohol concentration of .08 or more, or if their ability to drive has been effected due to the consumption of any amount of alcohol or drugs.
Driving under the influence charges (DUI) are usually filed as misdemeanor offenses unless the case involves serious injury to a person, or the driver has had three previous DUI convictions and is charged with a fourth DUI within 10 years.
A first time DUI in Orange County typically does not include any jail time as long as there is no bodily injury involved.
A second time DUI, within 10 years of a first conviction, requires a minimum of 96 hours in jail but in Orange County most courts require between 30 and 90 days jail.
A third time DUI, within 10 years of 2 prior convictions, requires a minimum of 120 days in jail. In Orange County, the courts generally require between 6 and 9 months.
A fourth time DUI, within 10 years of 3 prior convictions, is a felony and requires a minimum of 180 days in jail. In Orange County, the courts will typically require people convicted of a fourth DUI to do a year in county jail or 16 months in state prison.
Anytime an individual is charged with a DUI, they must contact the Department of Motor Vehicles (DMV) within ten days from the date of the arrest, to request a hearing. Failure to do so will result in losing the right to a hearing.
Hiring an experienced attorney who is knowledgeable with DUI laws and also experienced in DMV hearings is crucial. Contact Orange County Criminal Defense Attorney Ali Komaili immediately, if you have been charged with driving under the influence. Attorney Ali Komaili will contact the DMV on your behalf and put a stay on the suspension of your license pending the outcome of the hearing.