Multiple offense DUI cases in Orange County, California are treated very differently than such cases in other parts of the State. Some people think a driving under the influence case in Irvine, Costa Mesa, Santa Ana or Orange will end the same as one in Los Angeles. This is false. Orange County has a reputation for stiffer penalties in comparison to many other counties.

Jail time is one area where Orange County is more severe than other counties. It is not uncommon for a person with a second offense DUI to get 90 days of incarceration whereas in some Los Angeles courts a person might get 4 days.

I am opposed to incarceration for individuals who have been charged with a driving under the influence. Surveys have shown that any form of incarceration is extremely damaging to people. The media constantly reports incidents of death and destruction caused by individuals who are driving under the influence. If a person causes the death of another and is convicted, he/she will suffer significant jail/prison time. However, if someone speeds or weaves while driving under the influence, regardless if it is the first, second or third offense, it is my opinion treatment and education is far more important than jail.

When faced with prosecution for multiple DUIs, the first step for any good attorney is to view the paperwork pertaining to the prior convictions. I will order from the previous court(s) all important documents and view them for errors. If certain errors exist, a motion to strike the prior conviction(s) can be filed.

Multiple DUI cases are more difficult because if a person is convicted after trial, he may be sentenced to a very significant amount of jail time, which may exceed the amount imposed pursuant to a plea agreement. This usually does not happen in a first offense. Over my nearly 30 years of representing people charged with multiple DUIs, I have seen inexperienced attorneys go to trial on cases that they should not have tried and I have also seen those same types of attorneys plead clients guilty when they, likewise, should not have pled. When I represent a person charged with multiple DUIs, I carefully review the facts of the case as well as the priors. I, then, convey to my client any strengths and weaknesses the case may possess. At this point, we both determine, together, the best course of action to be taken. My clients are carefully advised of the possible ramifications of trial and negotiating a settlement. My clients then choose, based upon a full and complete understanding of the case and its potential consequences, what course of action is best for them.