Irvine DUI Information
Irvine DUI Information
If you were arrested for DUI in the City of Irvine, your arrest could have been from the Irvine Police Department, the California Highway Patrol (CHP), which both has a communications center for Orange County in Irvine, and serves Irvine from the CHP office in Santa Ana. Arrests for DUI in Orange County could also be from the Orange County Sheriff’s Department, which patrols Irvine. This page contains Irvine DUI Information that you may find helpful regarding your pending matter, including court information and DUI driver’s license information.
Irvine DUI Information – DUI Statistics
Irvine has an overall population of 246,530. For the last year available (2014), the data collected by the California Office of Driver Safety show that there were 576 DUI arrests in Irvine, making Irvine the 31st highest city in California, out of 57 cities of its size, for DUI arrests. Irvine DUI Information on Arrest Rates:
|TYPE OF ARRESTS||ARRESTS||% RATE||OTS RANKING*|
|Irvine DUI Arrests||576||0.39||31/57|
Irvine DUI Information – Police Agencies
Irvine Police Department
1 Civic Center Plaza
Irvine, CA 92606
Irvine, CA 92618
Santa Ana, CA 92705
Orange County Sheriff’s Department
Lake Forest, CA 92630
Patrol: (949) 206-6100
Automatic License Plate Reader System in Irvine
Note that Irvine, like Laguna Beach, Huntington Beach, Anaheim, Fullerton, and the OC Sheriff’s Department, and Long Beach, uses an Automatic License Plate Reader System to scan automobile license plates and check numbers against a State of California database of stolen or wanted vehicles, arrest warrants, stolen license plates and missing persons. It is also used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.
Irvine Information – DUI Arrest Information
Arrests and other calls for service in Irvine are available at the Orange County Sheriff’s Blotter website. (Select Irvine from the pull-down menu, and enter your email to receive the information).
Most people booked and held in Orange County jail are listed in the OCSD Who’s in Jail website.
Irvine DUI Information – The Prosecution
DUI cases from Irvine are handled by the Harbor Justice Center branch of the Orange County District Attorney’s Office.
Harbor Justice Center (HJC/NB)
Newport Beach Courthouse
4601 Jamboree Road
Newport Beach, CA 92660-2595
Phone: (657) 622-5400
Irvine 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 Irvine DMV cases and 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 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)
- Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
- Were you placed under lawful arrest?
- 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?
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 an arrest.
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 your 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 in DUI cases, and states as follows:
(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, regardless 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.
Punishment for Irvine DUI cases can include probation, alcohol schools, fines, and in more serious cases, jail or prison time, work program or community service work, rehab programs, restitution, or other punishment.
Irvine DUI Information – Irvine DUI Attorney
Our law firm of Miller and Associates, in Orange County, has handled Irvine DUI trials, and cases, since 1995. Our lead Orange County DUI Attorney, Robert Miller, lives in Irvine, knows Irvine well, and as an Irvine DUI Attorney knows how aggressive they are in cases involving DUI. 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:
- Anaheim Police Department
- Brea Police Department
- Buena Park Police Department
- Costa Mesa Police Department
- Cypress Police Department
- CSUF University Police
- Dana Point Police Department
- Fountain Valley Police Department
- Fullerton Police Department
- Garden Grove Police Department
- Huntington Beach Police Department
- Irvine Police Department
- La Habra Police Department
- Laguna Beach Police Department
- Los Alamitos Police Department
- Newport Beach Police Department
- Orange County Sheriff-Coroner
- Orange Police Department
- Placentia Police Department
- Santa Ana Police Department
- Tustin Police Department
- UCI Police Department
- Orange County Fire Authority
- Orange County Marshals Department
- Orange County Probation Department
Court Locations and Phone Numbers:
Orange County has five court locations where Orange County DUI cases 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
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.
- 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 regarding Irvine DUI Information is updated by the law firm of Miller & Associates. We want this to be as accurate and up to date as possible. Please let us know if there are any items that need updating.