Orange County DUI Court Information

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Orange County DUI Court Information

Orange County DUI Court Information regarding The DUI Court Program in Orange County Superior Court

Orange County DUI Court Information

WHAT IS DUI COURT?

The Orange County DUI Court Program is a court supervised, comprehensive treatment collaborative for non-violent Offenders. The Orange County DUI Court Information on this page will provide a synopsis of the Program, its goals, and its requirements for the Offender.  A more detailed description of the Program can be found in the Participant’s Handbook located at DUICourt.occourts.org.

The DUI Court uses a team concept consisting of representatives from the County Health Care Agency (HCA), Probation Department (PROB), the District Attorney’s Office (DA) and the Public Defender’s Office (PD).

Information for the Harbor Justice Center (HJC) and the West Justice Center (WJC) DUI court Program.

Orange County DUI Court Information regarding criteria for eligibility for the HJC/WJC  DUI courts are:

  • 2nd DUI offense with a BAC of .20 or higher,
  • 2nd DUI offense with priors within a short period of time (i.e., 1 year), or
  • 3rd DUI offense.

PROGRAM REQUIREMENTS

The Offender must:

  1. Reside in Orange County through his/her time in the Program.
  2. Be at least 18 years old.
  3. Have no history of violence, sexual crimes, or drug trafficking.
  4. Admit to having a history of alcohol/substance abuse.
  5. Live in a drug/alcohol free environment.

PROGRAM PHASES

WINDOW PHASE- AT LEAST 14 DAYS:

  • HCA and PROB will conduct an interview to determine if the Offender is suitable for the DUI Court Program.
  • If the Offender is found suitable, the Court will take a guilty plea to the DUI charge and the Offender will be accepted into the DUI Court Program.
  • The Offender will be introduced to the Program and start attending group counseling, individual counseling, Alcoholics Anonymous (AA) meetings, and reporting weekly to PROB Officer.
  • Alcohol/ drug testing 3 times a week.
  • Weekly court appearances.

ORIENTATION PHASE-AT LEAST 21 DAYS:

  • The Offender accepts the terms and conditions of DUI Court and opts to continue participation.
  • Attend one group and one individual counseling session and 5-7 AA meetings per week, and report weekly to PROB Officer.
  • Abide by 10:00 p.m. in-house curfew.
  • Alcohol/drug testing 3 times a week.
  • Weekly or Bi-weekly court appearances.

PHASE ONE- AT LEAST 90 DAYS:

  • Must be recommended by the Team for advancement and advanced by the Court.
  • Attend one group and two individual counseling sessions and 4 AA meetings per week, and report weekly to PROB Officer.
  • Abide by 10:00 p.m. in-house curfew.
  • Alcohol/drug testing 2 times a week.
  • Bi-weekly (or more as needed) court appearance.

 

PHASE TWO- AT LEAST 120 DAYS:

  • Must be recommended by the Team for advancement and advanced by the Court.
  • Attend one group and two individual counseling sessions and 3 AA meetings per week, a MADD panel meeting, and report weekly to Probation Officer.
  • Abide by midnight in-house curfew.
  • Alcohol/drug testing 2 times a week.
  • Bi-weekly (or more as needed) court appearances.

PHASE THREE- AT LEAST 120 DAYS:

  • Must be recommended by the Team for advancement and advanced by the Court.
  • Attend one group and one individual counseling session and 2 AA meetings per week, and report weekly to Probation Officer.
  • Complete 8 hours of Volunteer Service.
  • Serve mandatory jail sentence (usually served as electronic home confinement).
  • Mentor new DUI Court participants.
  • Abide by midnight in-house curfew.
  • Alcohol/drug testing once per week.
  • Monthly (or more as needed) court appearances.
SOME ADDITIONAL REQUIREMENTS
  • Must remain sober during the Program.
  • Must be gainfully employed.
  • Must have a sponsor.
  • Must complete a DMV approved SB38 Program.
  • Must attend all Court ordered activities.
  • Must submit to random searches and testing.
ADDITIONAL INFORMATION
  • There is a monthly fee for the services provided by the Health Care Agency and the Probation Department.  The fees will be paid by the participant, based on their ability to pay.
  • The Program is not an easy alternative to jail; it will require time, effort, coordination, support and will be trying in different ways for each individual as they confront their issues with alcohol.  Each participant will receive counseling and support as they face the addiction that landed them in the program.  In the end, the Program will be a positive life changing experience for every participant.
  • The rules of the Program are not flexible and exceptions will not be granted.  Sanctions will be imposed for violations of any rule, court order, or instruction and are detailed in the Participants’ Handbook which is located on the DUI court website (DUIcourt.occourts.org).

Once you have read and understood the Orange County DUI Court Information, and indicate that you would like to continue on to the evaluation, are you accepted for the DUI Court Program.

If you have any questions about the DUI court program in Orange County Courts, contact the court program, or contact our law firm, anytime.  We can help you.

 

What is the DUI level for Marijuana in California?

DUI Under the Influence of MarijuanaWhat is the DUI level for Marijuana in California?

 

Now that marijuana is legal in California, a common question that our law firm receives is about the legal limit above which you cannot drive with Marijuana in your system, which can be considered DUI.

California does not have a legal limit for driving under the influence of Marijuana.  While almost 100 years of alcohol testing provided law enforcement, and the judicial system, with at first a .20% alcohol level, and then a .16% alcohol level, and the current .08% blood alcohol level for driving under the influence cases, (and, as you may know, the law is considering a reduction to a .05% limit for driving under the influence), marijuana was illegal for decades, which made testing an ethical problem.

What is the DUI level for Marijuana in California? There is not one, but in the absence of state law in California setting a legal limit, prosecutors in Orange County consider the presence of marijuana (THC), or its metabolites in the blood or urine, to show that there is proof of illegal driving.  Many crime labs only do a presumptive test for the presence of THC, the active ingredient in marijuana, and leave it to the defense to retest the blood or urine and find out whether or not there is, as a quantitative matter, enough THC to impair driving.

Marijuana affects the body much differently than alcohol, however.  Alcohol is hydrophilic, and bonds to the water molecule, and goes throughout the blood and wherever water is in the body.  THC and CBD, the active molecules in marijuana, are fat soluble and are generally activated by heat.

In Colorado, the state has decided to create a legal limit of 5 nanograms.  This legal limit, however, is not based upon any scientific tests, or impairment testing.  The limit of detection for THC is 1 or 2 nanograms, and so 5 nanograms are near the very limit of what can be detected and tested.

What is the DUI level for Marijuana in California?

As you may have heard, or know, THC stays in the body for a long time – up to 30 days, and can be detected in hair follicle testing. There seems to be a difference in chronic marijuana users, which have THC in their body for a longer period of time, and more light or recreational users, which can have the THC metabolite leave the body within 8 hours.

As our Orange County DUI Attorney has mentioned with Orange County Drug DUI cases, the Orange County DA’s office has a team of specially trained drug DUI prosecutors.  They take even marijuana cases involving driving very seriously.  So what is the DUI level for Marijuana in California? There is none, but that doesn’t mean you can’t be prosecuted for driving under the influence of marijuana.

Contact our firm if you need help with a drug DUI case. We can help.