Orange County DUI Lawyer

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Orange County DUI Lawyer

Are You Charged with DUI in Orange County?

Robert Miller & Associates: Trusted DUI Defense Attorney

Were you recently pulled over and charged with driving under the influence (DUI)? At Robert Miller & Associates, we understand the worry and stress that you are probably dealing with, and we want to keep you informed of your options. We know the laws concerning DUIs in Orange County, and we are confident in our ability to help with your case.

After a DUI arrest, there are a few questions that you must ask:

  • Did the arresting officer have reasonable cause to perform a stop?
  • Were you placed under arrest in an unlawful manner?
  • Were you administered a breath test in which your BAC was 0.08% or higher (0.01% for drivers under the age of 21)?
  • Were your Miranda Rights read to you?
  • Did you have to perform field sobriety tests?

Our firm can help you determine if you have a case against the arresting officer that could potentially help reduce penalties or achieve a complete dismissal.  Contact Robert Miller & Associates for a free consultation today.

Representation for DMV Hearings

If you have been pulled over and charged with DUI, it is important for you to understand that your driving privileges are at risk and your driver’s license is in danger of suspension. From the date of your arrest,you have just 10 days to request a DMV hearing. We can represent you at this hearing as part of our services, and we recommend that you allow our firm to handle the proceedings.

Requesting a hearing could help you avoid having your driver’s license suspended until your case is heard. Keep in mind, reasons such as the need to drive to work or school will not be considered as relevant at your hearing.

Call Our Firm Today to Discuss Your Options

For more information after your DUI arrest, such as what will happen with your insurance, we encourage you to schedule a free case evaluation with our firm. We can discuss your options, inform you of your rights, and determine a strong case strategy as we work to help you avoid driver’s license suspension, a mark on your driving record, and other penalties.Call today: We are ready to put 15 years of experience in your corner!

Police Agencies, Procedures, and your Legal Rights:

Persons prosecuted in Orange County were likely arrested by one of the following agencies:

Police Procedures:

The law requires that an officer have probable cause before you are arrested.Typically, the training for officers as well as case law, requires police to establish probable cause by a violation of the law, an accident, and observations of the physical manifestation of intoxication. This is subjective,and many agencies require that Standardized Field Sobriety Tests be given, correctly, and perhaps a field breathalyzer, or PAS machine,to establish alcohol in your blood. Your Miranda warnings, or the “reading of your rights”, also require that you be advised or warned before they take testimony from you after arrest.

Your Rights:

You have the right to refuse the FST’s, and you have the right not to state anything that may incriminate you. You even have the right to refuse a blood, breath, or urine test, but if you do so, your license will be suspended for one year. You always have the right to be treated fairly by the police, and for the police to not use unreasonable force against you during arrest.

How can I estimate my Blood-Alcohol Level?
Use our Blood Alcohol Level (BAC) Calculator.

DUI Charges (The Law):

The California Vehicle Code, specifically, VC section 23152(a) and 23152(b), sets the law on DUI cases, and states as follows:

VC 23152:

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight,of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

The two sections above are typically charged together. The first has to do with your ability to safely operate a motor vehicle, irregardless of your blood alcohol level. The second, or (b) count, requires that you have a .08% blood alcohol content, or BAC, by weight, California’s “legal limit”. The term “alcoholic beverage and drug” or “alcoholic beverage or drug” in the (a), or first count,does not mean that you were driving with drugs in your system, but that either alcohol or drugs, or both, were found at the time of driving, not that you in fact did have both in your system.

Your Driver’s License and the DMV:

THE DMV REQUIRES THAT YOU ACT WITHIN ONLY TEN DAYS (not business days)from the date of your arrest to protect your driving privileges. It is best, if you are going to retain an attorney, to allow the attorney’s office to schedule the DMV hearing for you. Our fee includes this service, and we can schedule a hearing that works with our availability (court and DMV) schedule. For your convenience,if you cannot retain an attorney within 10 days, the phone numbers for all Orange County DMV matters, to do so, is reproduced here:

The DMV City of Orange Office of Driver Safety:

790 The City Drive South, Suite #420
Orange, CA 92868

When you call, advise them that you are retaining an attorney, that you request a stay on your driver’s license suspension, and that you will be sending a written request for discovery. They will ask if you request an “in person” or “telephonic” hearing, and we recommend that you set it for an in person, for reasons I am happy to discuss during our consultation. By making this request you ensure that that your driving privilege will not be suspended until your case is heard. At the DMV hearing, a hearing officer will conduct the hearing. His or her function is to prosecute the case and make a final decision based on the evidence presented. Your need to drive or your need for a driver’s license for work are not considered relevant and cannot be considered at the hearing. Likewise, you cannot apply for a “hardship” license based upon medical, employment, or education right to drive, unless you are under age 21.

At your hearing, only the following issues will be discussed, by law:
(If you took a blood, or breath test)

  1. Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
  2. Were you placed under lawful arrest?
  3. Were you driving a motor vehicle when you had a 0.08% or more by weight of alcohol in your blood or 0.05% or more if under age 21?

Prosecutors:

Orange County Drunk Driving or DUI violations within the city of Anaheim,as well as infraction or municipal code violations within Anaheim, arehandled by the Anaheim City Attorney’s Office:

Anaheim City Attorney

All other Orange County DUI or criminal cases are handled by the Orange County District Attorney:

Orange County District Attorney

Court Locations and Phone Numbers:

Orange County has five court locations where Orange County DUIs may be prosecuted, depending upon which court had jurisdiction over the location where the arrest took place:

Central-Justice-Center OC Superior Court
Central Justice Center (CJC)
700 Civic Center Drive West
Santa Ana, CA 92701
Phone: (714) 834-3575
https://www.expertlawfirm.com/orange-county-harbor-justice-center-newport-beach-courthouse/
Harbor Justice Center (HJC/NB)
Newport Beach Facility
4601 Jamboree Road
Newport Beach, CA 92660-2595
Phone: (949) 476-4699
Fullerton Courthouse North Justice Center
North Justice Center (NJC)
1275 North Berkeley Avenue
Fullerton, CA 92832-1258
Phone: (714) 773-4668
orange County west justice center
West Justice Center (WJC)
8141 13th Street
Westminster, CA 92683-4593
Phone: (714) 896-7351

What may happen to my insurance?

There are two ways insurance companies generally deal with customers convicted of a DUI in Orange County. First, your insurer will likely raise your insurance premiums and label you a high-risk driver if it finds out you’ve been convicted of DUI. In this case, you’ll likely have to file proof of insurance for three years minimum with the California Department of Motor Vehicles (DMV). Your insurance company will have to provide the DMV with an SR-22 form, which removes your license suspension and replaces it with a restriction by providing the California DMV with proof of insurance. An SR-22 also means your insurance company is required to notify the DMV if it cancels your insurance for any reason. Most state laws require persons that DUI convicts to get an SR-22 from their insurers, so you can’t hide. In addition, your company may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction, especially if you are currently in a preferred class. Your company will send you a notice stating why you’ve been canceled, and then you’ll have to find another insurer while having a cancellation on your claims history.

Some insurance companies don’t offer SR-22 policies, so you may also be non-renewed or canceled because your company can no longer provide what you need.

Insurance Links:

Orange County DUI Legal Research Links:

Orange County DUI Local Service Links:

Professional Organizations:

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