ORANGE COUNTY DUI ALCOHOL CHARGES

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Essential Legal Information About DUI Alcohol Charges in Orange County

DUI ALCOHOL CHARGES IN ORANGE COUNTY

Orange County Courts are some of the most difficult courts in the State of California if you have DUI Alcohol charges pending against you. They are also one of the more severe in their sentencing guidelines for those with DUI Alcohol charges pending against them. The penalties for a first, second, third or even fourth DUI can vary considerably depending on the facts and circumstances of the case and the existence of any one and/or more of the below-listed enhancements or more serious prior driving under the influence convictions.

If you have DUI Alcohol Charges pending against you, you need to know the statutes.

  • CVC 23152(a):  It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle
  • CVC 23152(b):  It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
  • CVC 23152(e):  It is unlawful for a person who is under the influence of any drug to drive a vehicle
  • CVC 23152(f):  It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

Notice the subtle distinction between the CVC § 23152(a) charge and the CVC § 23152(b) charges: the (a) count is a catch-all provision; thus, a person could still be under a 0.08 and charged with Driving Under the Influence (DUI).

The inclusion of CVC subsections (e) and (f), made operable to offenses that occurred after January 1, 2014, broadened the government's ability to charge a person with an offense simply because the person takes prescribed medication even when it is taken according to a physician's prescription regimen. Do not be fooled, use of the word drug does not mean illicit narcotics: it includes all classes of drugs, including prescription medications.

Click here to learn more about DUI Drug Charges.

  • CVC 23153(a):  It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect "proximately" causes bodily injury to any person other than the driver.
  • CVC 23153(b):  It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect "proximately" causes bodily injury to any person other than the driver.
  • CVC 23153(e):  It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect "proximately" causes bodily injury to any person other than the driver.
  • CVC 23153(f):  It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

These enhancements can drastically increase the punishments for a DUI charge in Orange County, California.

  • CVC 20002(a) (Hit & Run):   The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other

CONCLUDING REMARKS REGARDING DUI CHARGES IN ORANGE COUNTY, CALIFORNIA

Orange County DUI Defense Lawyer

An experienced Orange County DUI Defense Lawyer can help you navigate through this complicated process and possibly help you avoid being required to serve your jail time in the Orange County Jail, where you would not be allowed to go to work and thus in jeopardy of potentially losing your job because you could not take time off to serve the jail time. An experienced Orange County DUI Defense Attorney could help you keep your job and continue living your life despite the penalties you may be forced to endure if you are convicted of the Orange County DUI charge.

Click here to learn about Orange County DUI Drug Charges

Click here learn about Orange County DUI Penalties

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