What Happens After a DUI Arrest

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Tag Archives: orange county

What Happens After a DUI Arrest

What Happens After a DUI Arrest in Orange County

Orange County Courts Website

After being arrested for a DUI in Orange County, you will be taken to the police station for blood alcohol content (BAC) testing.  Blood testing is usually done at the Orange County Jail in Santa Ana. However, some CHP offices and all hospitals can collect blood for DUI testing also.  In Orange County, only the OC Crime Lab does blood testing for DUI cases.

Orange County Sheriff’s Patrol Cars that are designated for saturation patrols or DUI enforcement have an Alcosensor IV, or the newer Alcosensor V breath testing devices, in the vehicle.  Only those devices are certified for use for breath testing in the field, which means that you will not have a later breath test.  For any other testing device, you would typically be given a field PAS breathalyzer, and then a more accurate breath test at the police station.

If your BAC from either the breath test, or the blood test, is above the 0.08% legal limit, you will be charged with a misdemeanor DUI. If you are charged with a misdemeanor, you may be released on your own recognizance until the arraignment.

Note that if you are arrested for a DUI with a serious injury, or a DUI with three or more priors, those are felony DUIs, and you will be held until you post bail.  If you were on DUI probation, or have any prior DUIs, you may be required to post bail.  First time DUI cases do not require posting of bail.

Your DUI Arraignment

What happens at your arraignment?  In short, you will be informed of any charge(s) asserted against you at the arraignment, and the commissioner or judge will advise you of the minimum and maximum penalties for DUI. You will be provided the opportunity to enter a plea of guilty, or not guilty.

You will also be asked if you want a lawyer, or time to speak to a lawyer.  If you are interested in a public defender, or in representing yourself (which is never recommended), you can begin qualifying for that at this appearance also. If you have any prior DUIs, the judge may impose additional bond conditions such as attending AA classes, and abstaining from alcohol, while the case is pending.

Whenever possible, it is best to contact an attorney prior to your arraignment to make sure your best interests are protected. We are happy to provide a free legal consultation before your court date, so that you understand all your options.

Your DUI Pretrial Conference

Once you plead not guilty, a pretrial conference is held to discuss plea options. The first pretrial conference occurs about 2-4 weeks following the arraignment. At a pretrial conference, the defense and the prosecution meet to discuss the strengths and weaknesses of each side of the case, and to see whether all the evidence on each side has been provided and reviewed.  From there, both sides are free to begin negotiations regarding lesser offenses, punishment and agreement on a sentence.

DUI Trials

Once there is a plea bargain, the case stops.  If you have rejected a plea bargain, your case is usually set for trial.  At trial the prosecution must prove beyond a reasonable doubt that you operated your motor vehicle under the influence of alcohol and/or above a .08%. You have a right to a trial by judge or jury.

DUI Sentencing

Once you plead or are found guilty, the judge will impose a sentence. Penalties for a DUI, or lesser charges, may consist of court fees and fines, probation, an alcohol school, community service, or reimbursement (restitution) for any damages caused in an accident.

Contact Our Firm

You can contact our DUI Defense Lawyers any time to discuss your case in confidence and find out what happens after a DUI arrest in Orange County. We can offer legal guidance and honest advice and counseling on how to best proceed – even if that means we recommend you not have a lawyer.

 

 

DUI Arrest Warrants in Orange County

DUI Arrest Warrants in Orange County

DUI Arrest warrants

DUI arrest warrants in Orange County, like many types of warrants in California, can happen for a variety of reasons.

The most important thing to know is this: Take care of any warrants as soon as possible.  A warrant is a priority situation that you will want to take care of right away. With a warrant, you can be arrested anywhere, and anytime, and the arrest can be justified.  You could technically be arrested at work, at home, or anywhere, as long as there is a warrant.

If you had an Orange County DUI case, but didn’t show up for your court date, or didn’t comply with some part of your sentence or missed a court deadline, you might have a warrant for your arrest, and not even know it.

You can check Orange County DUI arrest warrants at the following website, run by the Orange County Sheriff’s Department.  It is anonymous, and doesn’t send information to law enforcement:

Orange County Arrest Warrant Search

 

Police are Enforcing DUI Arrest Warrants in Orange County

Every so often, the Orange County Sheriff’s Department DUI Task Force goes into action to clear up all outstanding arrest warrants at once. The local newspaper (the OC Register), had a story on the DUI task force going after Orange County DUI offenders on December, 14, 2015, as a coordinated effort all over the county. As the story stated:

OCSD Deputies attempted service on 36 warrants. Nine offenders were arrested who either failed to show up for a court date or violated terms of their probation in an outstanding DUI case. Another six turned themselves in following the attempted warrant service, after receiving a notice that they were visited by the Orange County Sheriff’s Department and that there was a warrant for their arrest.

“The best bet for anyone with a missed DUI court date is go to court on their own now,” says OC Deputy Manuel Cruz. “If you don’t, that warrant isn’t going away. We’re going to come find you and take you to jail.”

Orange County DUI arrest warrants can mean increased punishment for missing the deadline set by the court.  If caught, you can face fines, community service, a work program, or even jail time for failing to appear in court. When family, friends, and co-workers find out, you can face personal embarrassment as they you are led away in handcuffs, as well as missing work while sitting in jail.

Again, when there is any kind of DUI warrant, you can be arrested at any place, at any time.  Even if you are jaywalking and the police pull your record, you can be arrested and held until you see a judge.

Contact us.  Our Orange County DUI defense lawyers can clear up a warrant in 24 hours for you. If you find you have a warrant, or if you have been sent a notice from Orange County Superior Court indicating that you have a warrant for your arrest, let us help fix that for you.  Use the Contact Us form to send us your details and to get started immediately.

 

Costa Mesa, the world capital of rehab programs, starts restricting facilities

A good friend told me that Costa Mesa has more rehabs per square mile than any other place on Earth.  Certainly, along with Laguna Beach Rehabs, and Newport Beach Rehab Centers, and with sober living homes and other similar programs in Orange County, Palm Springs, and beyond, there are many.

Sober living home, rehab programs
Not on his or her way to an Orange County sober living home.

According to the City of Costa Mesa, as of early last year (2014), there were 200 rehabilitation or sober living homes in the city.  25% of all the rehabs and treatment facility, and sober living homes, are all in Costa Mesa.

Costa Mesa in particular has niches catering to specific drugs, drug and alcohol combinations, gay, lesbian, transgender, and transsexual addiction problems, and pregnant addict treatment, among many other niches.

The Orange County Register last week had an article about how the proliferation of drug rehab programs and sober living homes  in residential neighborhoods had caused the Costa Mesa City Council and City Staff to begin both passing laws, and aggressively expanding the new regulations across the city.

According to the article, 84 sober living homes or rehabs have opened in Costa Mesa have opened since January, 2014.  The new laws prohibit sober living homes from moving from one area to another to avoid regulation as well, and require a 650 foot buffer between facilities and require mandatory employee background checks, along with many other rules.  A license is also required by the City of Costa Mesa.

One rehab, Yellowstone Women’s First Step House, had sued Costa Mesa in November 2014, to allege discrimination against addicts.  That lawsuit was dismissed in federal court.

Newport Beach had paid out 5.25 million in settlements, plus spent four million in litigation fighting against three sober living facilities when they had sued the City of Newport Beach to challenge a 2008 law requiring extra scrutiny for rehabilitation homes in Newport Beach.

San Clemente passed a law prohibiting all rehab homes and sober living homes from opening in that city.

Certainly, rehabilitation facilities and sober living homes in Orange County have an important role to play.  Under California law, a rehab or other facility can give credit for jail time, thus both getting addicts or alcoholics, or those facing serious DUI charges, the help they need, and helping to keep them out of jail, and keeping the jails free.  A rehabilitated addict is less likely to offend, and jails do not even attempt to rehabilitate those punished for DUI or other crimes.

Contact our firm if you need the help of an Orange County DUI Attorney.  Our firm, Miller and Associates, can help you.

OC DUI Checkpoints: La Habra Checkpoint scheduled for July 31, 2015

OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015

Our Orange County DUI Lawyers have learned of more OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015. Our La Habra DUI Information page learned that the La Habra Police Department’s Traffic Unit will be conducting a DUI/Driver’s License Checkpoint on July 31st, 2015, at an undisclosed location within the city limits between the hours of approximately 9:00 p.m. to 3:00 a.m.

OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015

OC DUI CHECKPOINTS: La Habra Checkpoint scheduled for July 31, 2015, as part of law enforcement’s efforts to cut down on DUI cases in La Habra.

ARE DUI CHECKPOINTS LEGAL?

As most people know, DUI checkpoints are roadblocks that law enforcement officers set up on roads for the purpose of catching people driving under the influence of alcohol. Some of us also think they are used to generate revenue for police departments and the State since the stops often result in citizens being slapped with minor (finable) offenses. Of course, civil asset forfeiture laws allow the police to seize vehicles and share impound fees between the police and has been implemented during these stops as well.

We have examined why DUI checkpoints are a bad idea and why DUI checkpoints don’t work on our site before.

Twelve states do not conduct sobriety checkpoints because they prohibit them by state law or their interpretation of state Constitution, as follows:

  • Alaska,
  • Idaho,
  • Iowa,
  • Michigan,
  • Minnesota,
  • Montana,
  • Oregon,
  • Rhode Island,
  • Texas,
  • Washington,
  • Wisconsin, and
  • Wyoming.

 

Certain requirements for DUI checkpoints to be legal do apply, though.  In California, the Ingersoll case law decision applies. Quoting from that decision:

In order for the checkpoints to be Constitutional there must be clear guidelines that are carefully followed by the legal authorities. Additionally, the Court has left it up to each individual state to develop these guidelines. In California, for example, the state supreme court has held that the decisions about where to set up sobriety checkpoints and about which cars to stop (i.e. every car, every sixth car, etc) must be made by supervisors prior to officers setting up the checkpoints. The sites selected should be in areas that have a high incidence of drunk driving and the length of each stop should be minimized. (source)

CONTACT US TODAY.

Contact us. If you have questions about Orange County DUI checkpoints, or were arrested for DUI in Orange County, contact our Orange County DUI Defense Law Firm today.  We can help you and give you an honest assessment of your case.

DUI Checkpoint in Santa Ana Planned

DUI Checkpoint in Santa Ana Planned

Our Orange County DUI Lawyers have learned that the Santa Ana Police Department has a DUI Checkpoint in Santa Ana Planned for tonight, as an Orange County DUI Checkpoint.

Police will be conducting a DUI/Drivers License checkpoint tonight, Friday, July 17th, 2015.

It will begin at 9:00PM and is scheduled to conclude at 3:00AM, and it will be conducted in the area of 1500 E. McFadden Avenue, in the City of Santa Ana.

Be safe and plan ahead.

English: The Santa Ana Police Department and J...

Another Orange County DUI Checkpoint tonight, courtesy of the Santa Ana Police Department.

Why does law enforcement have Orange County DUI Checkpoints?

DUI Checkpoints are even admitted by law enforcement to be less effective than other means of removing drunk drivers from the road. But, even though DUI checkpoints don’t work, police state they had a deterrent effect preventing people from driving in the first place.  The truth is that funding in grants from the California Office of Traffic Safety (OTS), MADD, and the Federal Government ensure DUI checkpoints are used first before other measures.

Are DUI Checkpoints legal?

The US Supreme Court, as well as the law in California, makes DUI checkpoints legal, as long as they follow certain criteria, including:

  • Decision making by supervisors: This is important to ensure that checkpoints aren’t set up in “arbitrary and capricious” locations. The court didn’t say so, but we’re guessing they wanted to avoid any accusations of racial profiling.
  • Limits on discretion of field officers: The theme of distrust of the officer continues. Strict procedures and a random selection of drivers according to a preset pattern (every third driver, for example) are suggested to avoid abuse.
  • Maintenance of safety conditions: We’re not sure how it applies to constitutionality, but the court wanted lots of bright lights and signs.
  • Reasonable location: The location should be based on relevant factors, such as areas with high incidences of DUI or DUI accidents.
  • Time and duration: There are no hard and fast rules, but the timing should be set to optimize the effectiveness of the checkpoint. In other words, put ’em up when the drunks are out.
  • Indicia of official nature of roadblock: This is more babble about bright lights and warning signs. They do mention that the lights and signage should be visible for the sake of notification to the drivers. Drivers also can’t be pulled over for avoiding the checkpoint, unless they violate a law to do so.
  • Length and nature of detention: The time of the stop should be minimized as to infringe on a person’s rights as little as possible. That means peek at the eyes, smell for booze, and look for cans. If there are no signs of intoxication, the driver should be let go. If they look or smell drunk, field sobriety tests are appropriate.
  • Advance publicity: Ingersoll was in favor of advance publicity. It referred to the deterrent effect and stated that the notice minimizes intrusiveness to a person’s rights. In 1993, the court in People v. Banks stated that publicity was not a requirement, but it certainly helps.

Contact us

Contact our firm if you have any questions about Orange County DUI Checkpoints.  We can help you.

ORANGE COUNTY DUI CHECKPOINT INFORMATION FOR JUNE 19-21, 2015

Orange County DUI Checkpoint Information for June 19-21, 2015Don't get a DUI in Orange County

Don’t get a DUI in Orange County!

Our Orange County DUI Lawyers have obtained Orange County DUI Checkpoint Information for June 19-21, 2015, and learned that law enforcement have been announcing DUI checkpoints and Saturation Patrols for this upcoming weekend here in the OC. Checkpoints in Santa Ana, Placentia, and roving DUI saturation patrols in Villa Park, Stanton, and Yorba Linda are happening this weekend in those respective cities.

The Santa Ana Police Department is having a DUI checkpoint tonight, Friday, June 19, 2015. It will begin at 9:00PM and is scheduled to conclude at 3:00AM. It will be conducted in the area of 1000 E. Fourth Street, in the City of Santa Ana.

The Police Department in Placentia, announced a DUI checkpoint through a press release at facebook, that states that a DUI checkpoint will take place from 8pm to 2am at an unknown location in the City.

And, the Orange County Sheriff’s Department will be conducting roving DUI saturation patrols (where officers trained in DUI detection will be driving looking for persons suspected to be DUI, in the cities of Yorba Linda, Stanton, and Villa Park.

Why would police agencies announce a DUI checkpoint ahead of time for the Orange County DUI Checkpoint Information for June 19-21, 2015? Advance publicity is important to the maintenance of a constitutionally permissible sobriety checkpoint. Publicity both reduces the intrusiveness of the stop and increases the deterrent effect of the roadblock.

The concurring opinion in State ex rel. Ekstrom v. Justice Ct. of State, supra, 663 P.2d 992, at page 1001 explained the value of advance publicity: “Such publicity would warn those using the highways that they might expect to find roadblocks designed to check for sobriety; the warning may well decrease the chance of apprehending `ordinary’ criminals, but should certainly have a considerable deterring effect by either dissuading people from taking `one more for the road,’ persuading them to drink at home, or inducing them to take taxicabs. Any one of these goals, if achieved, would have the salutary effect of interfering with the lethal combination of alcohol and gasoline. Advance notice would limit intrusion upon personal dignity and security because those being stopped would anticipate and understand what was happening.” (663 P.2d 992, 1001, conc. opn. Feldman, J.; see also State v. Deskins, supra, 673 P.2d 1174, 1182.)

Publicity also serves to establish the legitimacy of sobriety checkpoints in the minds of motorists. Although the court in Jones v. State, supra, 459 So.2d 1068, found that advance publicity was not constitutionally mandated for all sobriety roadblocks, nevertheless the court offered the observation, consistent with finding reasonableness under the Fourth Amendment, that 1347*1347 “`[A]dvance publication of the date of an intended roadblock, even without announcing its precise location, would have the virtue of reducing surprise, fear, and inconvenience.’ [Citation.]” (Id., at p. 1080.)”

If you have questions for an expert in Orange County DUI matters, call out firm at (877) 942-3090 anytime.

Irvine DUI Checkpoint announced for June 12, 2015

English: Freeway onramp to the 405 North at Ja...

DUI checkpoint near this onramp to the 405 North at Jamboree Road.

Another Orange County DUI Checkpoint, an Irvine DUI Checkpoint announced for June 12, 2015, was announced as an OC DUI Checkpoint. The Irvine Police Department have announced a DUI checkpoint to be conducted tomorrow, Friday, June 12, 2015, from 8:00 p.m. to 2:00 a.m. in the area of Jamboree Road and Michelson Drive. That area is near Houston’s, The Daily Dose, and is near the Daily Grill, The Melting Pot, on one side of the 405, and Andrei’s on the other.

Our Irvine DUI Lawyers learned about the DUI checkpoint from a press release issued by Irvine PD – they stated that they wanted publicity for this DUI checkpoint to deter drunk driving in the City of Irvine.

Are DUI Checkpoints Legal?

As most people know, DUI checkpoints are roadblocks that law enforcement officers set up on roads for the purpose of catching people driving under the influence of alcohol. Some of us also think they are used to generate revenue for police departments and the State, since the stops often result in citizens being slapped with minor (finable) offenses. Of course, civil asset forfeiture laws allow the police to seize vehicles and share impound fees between the police and  has been implemented during these stops as well.

In California, the Ingersoll decision sets up the legality of DUI checkpoints in CA, but also the requirements for them to be legal.

Twelve states do not conduct sobriety checkpoints because they prohibit them by state law or their interpretation of state Constitution. If you live in, or are driving through, any of these 12 states, you won’t have to worry about encountering entrapment checkpoints:

  • Alaska,
  • Idaho,
  • Iowa,
  • Michigan,
  • Minnesota,
  • Montana,
  • Oregon,
  • Rhode Island,
  • Texas,
  • Washington,
  • Wisconsin, and
  • Wyoming.

Interestingly, many of the 38 states that DO conduct checkpoints do so under the belief that they are “upheld” under the federal Constitution. Washington, D.C. also allows them for that reason.

And, the U.S. Supreme Court has ruled that in the case of DUI checkpoints, our Fourth Amendment rights don’t apply. That court found that the state’s interest in reducing drunk driving outweighs the “minor infringement” on a driver’s Constitutional rights.

Certain requirements for “Constitutional” checkpoints do apply, though.  In California, the Ingersoll decision applies:

In order for the checkpoints to be Constitutional there must be clear guidelines that are carefully followed by the legal authorities. Additionally, the Court has left it up to each individual state to develop these guidelines. In California, for example, the state supreme court has held that the decisions about where to set up sobriety checkpoints and about which cars to stop (i.e. every car, every sixth car, etc) must be made by supervisors prior to officers setting up the checkpoints. The sites selected should be in areas that have a high incidence of drunk driving and the length of each stop should be minimized. (source)

Contact us Today.

If you have questions about an Irvine DUI checkpoint, or were arrested for DUI in Orange County, contact our DUI Defense Law Firm today.  We can help you and give you an honest assessment of your case.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.

Orange County DUI Checkpoints This Weekend (May 29, 2015)

English: Newport Beach Triangle Point photo D ...

Newport Beach DUI Checkpoint announced (photo D Ramey)

Orange County DUI Checkpoints This Weekend (May 29, 2015)

Two DUI checkpoints have been announced this weekend, according to the Orange County Register and other sources. Orange County DUI Checkpoints This Weekend (May 29, 2015) are as follows:

A Newport Beach DUI checkpoint will take place, operated by the Newport Beach Police Department, on Friday, May 29th, from 8pm to 2:00 a.m., at a currently undisclosed location. Most previous checkpoints have been on Northbound Jamboree Road, near Santa Barbara Avenue.

Another DUI Checkpoint, in Orange, will take place on the same date (May 29th) near the Outlets of Orange (previously called The Block in Orange), on The City Drive, between the 22 offramp, and Lampson, from the hours of 9pm and 3:00 a.m.

WHY DOES LAW ENFORCEMENT HAVE ORANGE COUNTY DUI CHECKPOINTS?

DUI Checkpoints are even admitted by law enforcement to be less effective than other means of removing drunk drivers from the road. But, even though DUI checkpoints don’t work, police state they had a deterrent effect preventing people from driving in the first place.  The truth is that funding in grants from the California Office of Traffic Safety (OTS), MADD, and the Federal Government ensure DUI checkpoints are used first before other measures.

ARE DUI CHECKPOINTS LEGAL?

The US Supreme Court, as well as the law in California, makes DUI checkpoints legal, as long as they follow certain criteria, including:

  • Decision making by supervisors: This is important to ensure that checkpoints aren’t set up in “arbitrary and capricious” locations. The court didn’t say so, but we’re guessing they wanted to avoid any accusations of racial profiling.
  • Limits on discretion of field officers: The theme of distrust of the officer continues. Strict procedures and a random selection of drivers according to a preset pattern (every third driver, for example) are suggested to avoid abuse.
  • Maintenance of safety conditions: We’re not sure how it applies to constitutionality, but the court wanted lots of bright lights and signs.
  • Reasonable location: The location should be based on relevant factors, such as areas with high incidences of DUI or DUI accidents.
  • Time and duration: There are no hard and fast rules, but the timing should be set to optimize the effectiveness of the checkpoint. In other words, put ’em up when the drunks are out.
  • Indicia of official nature of roadblock: This is more babble about bright lights and warning signs. They do mention that the lights and signage should be visible for the sake of notification to the drivers. Drivers also can’t be pulled over for avoiding the checkpoint, unless they violate a law to do so.
  • Length and nature of detention: The time of the stop should be minimized as to infringe on a person’s rights as little as possible. That means peek at the eyes, smell for booze, and look for cans. If there are no signs of intoxication, the driver should be let go. If they look or smell drunk, field sobriety tests are appropriate.
  • Advance publicity: Ingersoll was in favor of advance publicity. It referred to the deterrent effect and stated that the notice minimizes intrusiveness to a person’s rights. In 1993, the court in People v. Banks stated that publicity was not a requirement, but it certainly helps.

Contact us now – Let’s Get Started.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.