Criminal Defense in Orange County
Defense Against DUI Charges

Anaheim DUI Defense Attorney

Arrested for DUI? Don't fight your charges alone!

If you were recently arrested for DUI, you are not alone. While the charge is not to be taken lightly, having a strong defense attorney representing you can increase your chances for a positive outcome. The best thing to do for yourself right now is act quickly to contact an Orange County DUI lawyer. After a drunk driving arrest, you only have ten days to request an administrative hearing. Don't wait to seek legal counsel from an experienced DUI defense attorney that can help you dispute the suspension of your license, probation and the other penalties you are currently facing.

Potential Defenses Against Your DUI Charge

While you may feel backed into a corner by a drunk driving charge, we want you to know that you do have options for defending your case. It is not uncommon for individuals to be wrongfully accused of drunk driving due to inaccurate field sobriety testing or blood alcohol content results. Additionally, you may be facing more serious penalties than your charge deserves, in which case we can fight to have your penalties reduced. If you choose The Law Office of Barney B. Gibbs to represent you, there are many ways that we can challenge the prosecutor's case.

Weaknesses that are common in DUI cases include:

  • Arrest occurred during an unlawful police stop
  • Outside factors affected your field sobriety test
  • The chemical test was administered incorrectly
  • The chemical test was inaccurate
  • The law enforcement officer did not inform you of your rights
  • Time of testing versus time of driving

The Law Office of Barney B. Gibbs can assist with a wide range of DUI cases, including:

You Only Have 10 Days to Save Your License

Driving under the influence of drugs and/or alcohol can result in severe consequences both now and in the future. If you are convicted, you will be facing fines, community service, suspended driving privileges and even possible jail time. The first thing you should do following an arrest for a DUI is to contact an Anaheim DUI defense lawyer about building a case against your charges.

Driving under the influence is a unique criminal offense. Since the alleged wrongdoing was executed while driving a vehicle, there are two main authorities involved in discipline. The first is law enforcement, which will head up your prosecution in criminal court, but the other is the California Department of Motor Vehicles (DMV), which controls your ability or inability to drive legally.

The suspension of your driver's license is one of the many penalties for DUI, but it is levied by the DMV, not the criminal court. In order to defend yourself against such punishment, you will need to appear at a DMV hearing to dispute the suspension. You only have ten days from the date of your arrest to request this hearing. Otherwise, your license will undergo a suspension by default.

Frequently Asked Questions

When will I need to attend a hearing for my DUI?

In California, there are two separate types of hearings: the criminal hearing and the administrative hearing. The administrative hearing is not the criminal hearing, but will be held at the Department of Motor Vehicles (DMV). The administrative hearing must be explicitly requested by the arrestee within ten days of the arrest. Typically, a first criminal appearance before a judge will take place within 24 hours of the arrest. This is the arraignment hearing where your charges will be formally read to you.

This is my first DUI. What penalties will I face?

According to § 23152 of the California Codes as well as § 23536 of the Vehicle Code, a first DUI conviction for drug or alcohol impairment is punishable by the following:

  • Imprisonment from 96 hours to 6 months
  • Minimum fine of $390 and maximum $1,000.

These are the penalties for a regular (non-aggravated) driving under the influence charge. If this is your first DUI, but there were aggravating factors such as injuries or a BAC of more than .15%, then the penalties may be more severe.

What is the "look-back period" for California DUIs?

In the state of California, if you are arrested and charged with your second DUI within ten years of your first DUI, then you will face enhanced penalties. If more than ten years have passed since your first DUI conviction, and you are arrested for another one, then it will be treated as a normal DUI.

What happens if I'm granted probation as part of my sentencing?

If you are granted probation, then you will likely still have to pay fines, according to § 23538 of the California Vehicle Code. The person may also not operate a motor vehicle, but the court may grant the privilege of a restricted driver's license under some circumstances. As part of probation, the court may require the person to attend a licensed alcohol or drug program "that consists of at least 30 hours of program activities." Driving privileges will not be restored until the person successfully completes their probation.

What happens if I refuse a breath or blood test?

After you have lawfully been arrested by law enforcement, per implied consent laws, it is illegal to refuse a breath or blood test. These chemical tests are typically administered after the arrestee has been taken to a nearby station. It is important to note that breath tests are not the same as preliminary alcohol screening (PAS) devices, which are field sobriety tests administered at the scene of the arrest. Should you refuse a chemical test after a lawful arrest, your license will be automatically suspended.

Part of my sentencing was the installation of an ignition interlock device (IID). If I can't pay for it, what do I do?

If the court orders the installation of an IID, then the convicted individual will be responsible for the installation, monitoring and calibration fees. If they cannot afford this, then the court may be able to come up with an alternative financing plan. An alternative financing plan is more likely than the court deciding against the IID requirement.

Can my DUI be considered a felony offense?

Many DUIs are misdemeanors, but there are some that can be charged as felonies. For example, some habitual offenders will be charged for felony DUIs. Other charges like vehicular manslaughter, DUI with injury, and DUI with child passenger can also be considered felony DUI charges.

I requested a DMV hearing. Do I need an attorney for this?

While it is not necessary to bring an attorney to the administrative hearing, it can be extremely helpful. At this hearing, you are contesting your driver's license suspension. To do this, you will have to disprove the evidence that is against you, such as breath test and field sobriety test evidence. Our DUI attorney at The Law Office of Barney B. Gibbs has the experience necessary to guide you through DMV hearings.

What To Do If You've Been Arrested for DUI

At The Law Office of Barney B. Gibbs, our Anaheim DUI attorney will fight to ensure that you do not have to suffer through the penalties associated with a criminal conviction. If we take on your case, we will fight tooth and nail to see the right outcome prevail. Whether you were arrested for your first or fourth offense, we encourage you to contact Barney B. Gibbs today. He has more than 30 years of experience and has secured more than 1,100+ counts dismissed for his clients. Even if you have already been convicted of a DUI offense, the firm could help you appeal or qualify for an expungement.

Call our firm today and receive a free case evaluation. We are ready to fight for you!

No case is too big or too small.
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