Capistrano Beach DUI Information

Capistrano Beach DUI Information – Police Agencies

OCSD Capistrano Beach Station
32400 Paseo Adelanto, San Juan Capistrano, CA 92675
Phone:  949-770-6011

Orange County Sheriff’s Department
11 Journey,
Aliso Viejo, CA 92656
Patrol: (949) 425-1800

Capistrano Beach Information – DUI Arrest Information

Arrest and other calls for service in Capistrano Beach are available at the Capistrano Beach Sheriff’s Blotter website. (Select San Juan Capistrano from the pull down menu)

Most people booked and held in Orange County jail are listed in the OCSD Who’s in Jail website.

Capistrano Beach  DUI Information – The Prosecution

DUI cases from Capistrano Beach are handled by the Harbor Justice Center branch of the Orange County District Attorney’s Office.

Harbor Justice Center DA’s Office
4601 Jamboree Road
Newport Beach, CA 92660
949-476-4650

Capistrano Beach DUI Information – the Courthouse

DUI cases from Capistrano Beach are handled by the Harbor Justice Center branch of the Orange County Superior Court.

Harbor Justice Center (HJC/NB)
Newport Beach Facility
4601 Jamboree Road
Newport Beach, CA 92660-2595
Phone: (657) 622-5400

Capistrano Beach arrests have their DMV hearings set at the DMV City of Orange Office of Driver Safety:

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:  (714) 703-2511

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. 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?

Capistrano Beach DUI Information – DUI Statistics

Capistrano Beach, as part of San Juan Capistrano, has a overall population of 36,057.  For the last year available (2014), there were 51 DUI arrests, making Capistrano Beach the 23rd highest City in California, out of 87 cities, for DUI arrests.

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 a 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.

Capistrano Beach DUI Information -Capistrano Beach DUI Attorney

Our law firm of Miller and Associates, in Orange County, has handled Capistrano Beach DUI cases, since 1995.  Our Orange County DUI Lawyers can help your case.  Contact us today. 

Police Agencies, Procedures, and your Legal Rights:

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

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 (CJC)
700 Civic Center Drive West
Santa Ana, CA 92701
Phone: (657) 622-6878

Harbor Justice Center (HJC/NB)
Newport Beach Facility
4601 Jamboree Road
Newport Beach, CA 92660-2595
Phone: (657) 622-5400

North Justice Center (NJC)
1275 North Berkeley Avenue
Fullerton, CA 92832-1258
Phone: (657) 622-5600

West Justice Center (WJC)
8141 13th Street
Westminster, CA 92683-4593
Phone: (657) 622-8459

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 may raise your insurance premiums and label you a high-risk driver if it finds out you’ve been convicted of DUI. 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 is required to convert your license suspension with a restricted license. An SR-22 also means your insurance company is required to notify the DMV if it cancels your insurance for any reason during a three year period. Most other state laws require persons that have a DUI conviction to get an SR-22 also.

Insurance Links:

• California Department of Insurance (Great link for California insurance questions and facts).
• Insurance Information Institute (Excellent Link for general insurance questions and facts).
• Insurance Institute for Highway Safety (Good link for transportation safety in the USA).
• National Association of Insurance Commissioners (Information about insurance commissioner contacts in all states).
• A.M. Best Insurance Information Services (The definitive guide to rating insurance companies in the USA).
• Insurance Information Network of California (An excellent resource site for general information questions in California).

Orange County DUI Legal Research Links:

• Orange County Law Library
• Orange County Ordinances
• Orange County Rules of Court
• The Constitution of the United States of America
• U.S. House of Representatives Internet Law Library
• U.S. Supreme Court Opinions – Cornell Legal Information Institute
• Witkin Legal Institute

Orange County DUI Local Service Links:

• Child Abuse Services Team Homepage
• Community Service Programs
• Orange County Bar Association
• Orange County Fire Authority
• Orange County Health Care Agency
• Orange County Law Library
• Orange County Home Page
• Orange County Online Guide
• Orange County Social Services Agency
• Orangewood Children’s Home

Professional Legal Organizations and Associations:

• American Bar Association
• Association of Federal Defense Attorneys
• Bar Associations
• California Attorneys for Criminal Justice (CACJ)
• California District Attorneys Association
• California Public Defenders Association
• Los Angeles County Bar Association
• National Association of Criminal Defense Lawyers
• National Association of Drug Court Professionals
• National Criminal Defense College
• National Lawyers Guild
• National Legal Aid & Defender Association
• Orange County Attorneys Association
• Orange County Bar Association
• The State Bar of California

This page is updated by the law firm of Miller & Associates.  Please let us know if there are any items that need updating.