The penalties or punishment for a Driving Under the Influence charge vary greatly in Orange County from the rest of the State of California. Orange County has some of the harshest DUI Penalties across the State of California. The penalties for a First Offense DUI, a Second Offense DUI, a Third Offense DUI, or a Fourth Offense DUI, can all be increased if a DUI Enhancement is alleged.
Click the link to learn more about Orange County DUI Punishment Enhancements
In addition to the criminal penalties addressed in further detail below, the Orange County DUI defendant also faces driver's licensing penalties that vary depending on the number of offenses the licensee has on his/her record.
Based on some recent law changes, some people can qualify for an Ignition Interlock Device (IID) restriction immediately on a standard second offense charge even absent a DUI conviction. The same holds true on a third offense charge absent a DUI conviction. This will allow the person to be able to get to and from the alcohol program and other court ordered requirements brought about by virtue of the DUI conviction with the installation of an Ignition Interlock Device (IID).
There are currently some limitations on a person's ability to obtain such a restriction depending on the facts and circumstances of their case, however; an experienced Orange County DUI Defense Attorney can assist in trying to ensure that your DUI case fits within the parameters of the statute so you can avoid having to serve the entire suspension or revocation period.
Click the link to learn more about DMV Suspension Periods and DMV APS Hearings
A standard First Offense DUI conviction in Orange County, California will typically result in the imposition of fine, three years of informal probation, an alcohol program for either three, six or nine months and oftentimes, one Mothers Against Drunk Driving (MADD) Meeting.
The duration of the First Offense DUI alcohol program depends on the reported blood alcohol level. A blood or breath alcohol level under a 0.15% typically results in a First Offense DUI alcohol program of three months, but a 0.15% to under a 0.20% may likely result in an First Offense DUI alcohol program of six months. A blood or breath alcohol level of 0.20% or greater results in a First Offense DUI alcohol program of nine months.
Click the link to learn more about First Offense DUI Penalties in Orange County
While the statutory minimum sentence in the State of California for a Second Offense DUI conviction is 96 hours, (which can be served either over two 48 hour weekends), Orange County starts off with 45-to-75 days in County Jail for a Second Offense DUI. The amount of time can be, and often will be, increased, where the person is on DUI probation from a prior DUI conviction and/or any other type of aggravating factor. In such cases, the Orange County District Attorney's Office seeks additional jail time in an Orange County Jail on those types of Second Offense DUI charges.
Click the link to learn more about Second Offense DUI Penalties in Orange County
For a Third Offense DUI, while the statutory minimum sentence in the State of California is 120 days, the Orange County District Attorney starts off with 270 days of County Jail on a Third Offense DUI.
Similar to a Second Offense DUI, the amount of jail time can be, and often is, increased, where the person is on DUI probation. In such cases, the Orange County District Attorney's Office is often seeking another 60-to-90 days of time in the Orange County Jail, resulting in a sentence of almost a year. This is obviously too much time for a person to be out-of-work to serve a jail sentence of that duration based on a Third Offense Orange County DUI charge.
Click the link to learn more about Third Offense DUI Penalties in Orange County
A Fourth Offense DUI is a felony within the State of California and is punishable as such; thus, it is not uncommon for a Fourth Offender to be facing anywhere from sixteen months to two years of imprisonment for the Fourth Offense DUI charge. A Fourth Offense Felony DUI charge should not be handled by anyone other than an experienced Orange County DUI Lawyer as the stakes are far too high to go at it alone. If you are facing a Felony Fourth Offense DUI charge in Orange County, do not attempt to go at it alone: you must hire an experienced DUI Lawyer in Orange County to assist you through this process.
Click the link to learn more about Fourth Offense DUI Penalties in Orange County
An experienced Orange County DUI Attorney can present evidence to the court that mitigates against having to serve that time in custody and result in you serving the jail time under alternative sentencing, like supervised electronic home confinement (SEC). Many courts in Orange County are now granting home confinement, but many judges have strict policies against offering it in all situations. Some judges are unwilling to grant it to third offenders or those who have two open cases, thus making having an experienced Orange County DUI Defense Lawyer to assist you through this difficult process, especially those involving the aggravating factors that may bar the person being allowed to apply for supervised electronic home confinement.
Thus, if you were arrested for DUI in any of the Orange County Cities listed below, and are concerned about the DUI penalties you are facing, click the appropriate City Page Link for information on the types of DUI Evidece your Orange County DUI Defense Attorney to review to try to find defenses to your Orange County DUI Case:
If you were charged with DUI in Orange County, click the link to submit a confidential contact form the the DUI Lawyers of The SoCal Law Network for a Free DUI Consultation and Case Evaluation or call: (949) 305-0343.
Orange County DUI Attorneys Providing DUI Defense in Orange County - Laguna Hills, Laguna Beach, Orange
CALL NOW!
FREE CONSULTATION: (949) 235-2250
