Overview of California's DUI Laws

Anaheim DUI Defense Lawyers

It is illegal to operate a motor vehicle while under the influence of alcohol in the state of California, and there are a number of different penalties that you could face if convicted of this offense. There are also many other offenses that can increase the penalties that you face, depending on the circumstances of your arrest. If you've been arrested for drunk driving, it is important that you have an Orange County DUI lawyer with a proven track record of success on your side.

When you work with the team at The Law Office of Barney B. Gibbs, this is exactly what you will get. This firm has been serving the residents of Southern California in various criminal defense matters for a number of years – including driving under the influence (DUI) offenses – and Attorney Gibbs is dedicated to providing his clients with the one-on-one attention and assistance that they deserve. Over the last 30 years, he has even secured more than 1,100 criminal case dismissals.

The Penalties for a First or Second DUI Conviction

Both federal and state law prohibit driving under the influence of drugs or alcohol. If you are pulled over and asked to perform a breath or blood test, and the results of this chemical test show that your blood alcohol content (BAC) is at least 0.08% within three hours of driving the vehicle, then it is presumed that your BAC was at least 0.08% at the time that you were driving the car.

According to California Vehicle Code § 23152 (a), it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

If you are convicted for driving under the influence, not only does it go on your record and mar your reputation, but you can also face heavy penalties that can be costly and restrict your freedoms. The law clearly defines proper sentencing of possible probation, jail time, and fines for DUI convictions that become more severe when facing multiple offenses.

The penalties for a first-time DUI conviction are found in VC § 23536 and are as follows:

  • Informal probation for three to five years
  • No less than 96 hours in jail, and no more than six months
  • A fine of no less than $390, and no more than $1,000
  • Driver's license suspension for six to ten months
  • Participating in a DUI program.

Under VC § 23540, if you are convicted of a second DUI, you can face 90 days to a year in jail and a drivers' license suspension for two years. The harsher sentencing means that if you are facing multiple offenses, you need a criminal lawyer on your side who knows what it takes to win.

Aggravating Factors in a California DUI Case

VC § 23572 increases the penalties for a DUI conviction when a minor was in the vehicle at the time of the defendant's arrest. If were arrested for a first-time DUI offense when a minor under the age of 14 was in the vehicle, you will face the penalties provided in VC § 23572, which are as follows:

  • All penalties provided for a first DUI conviction
  • A minimum increase of 48 hours in county jail, none of which shall be stayed

If you are convicted of a second offense under the same circumstances, you would face all penalties provided for a second DUI conviction and a minimum increase of 10 days in county jail, none of which shall be stayed. Facing charges of drunk driving can cause a great deal of emotional hardship, and it is essential for you to have a DUI defense attorney on your side who understands this.

Arrested for DUI? Call today for a free initial consultation!

If you have been arrested and charged with driving under the influence in Orange County, you need a representative on your side that will aggressively fight for your rights and ensure that you are not convicted of a crime that you did not commit. Remember, there is no evidence admitted in a DUI case that cannot be fought by a skilled criminal defense lawyer. This firm has years of experience in handling these kinds of cases in the past, and this experience will be put to work for you if you choose to work with them.

Contact the firm today for the aggressive counsel you need. Your initial consultation is free!