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Orange (County) DUI Lawyers

1. Edward Flores: Contact a criminal defense lawyer as soon as possible. Your lawyer can arrange for bail in Orange County. Remember you have the Constitutional right to remain silent. You are not required to speak with anyone and should not discuss the facts of your case with anyone except your attorney.
2. Kamran Sehat: Did you know that although a DUI is the most common of all offenses, it is also the most complex to understand and defend properly? Did you also know that the repercussions in the long run are greater than most other crimes in Orange County? How about the fact that the legal system in Orange County is designed to facilitate DUI convictions? Now whether you have been arrested for driving under the influence of alcohol or drugs, it is imperative that you know what rights you have both at your criminal proceedings and at the DMV license suspension hearing. There are severe penalties associated with a Orange County DUI conviction that the court will insist upon including jail time, fees, penalty assessment and alcohol programs, not to mention penalties and possible license suspension from the Department of Motor Vehicle. Further, in Orange County, there are numerous "enhancements" associated with various types of conduct which enhances the penalties associated with a DUI such as by refusing to take any chemical tests or speeding and/or driving a motor vehicle recklessly while under the influence of alcohol. Therefore, do not take your chances but make sure you have an experienced attorney on your side who can obtain a favorable outcome in your DUI case!
3. Reynoso, Edgar: There are dozens of ways to impeach a police officer's opinion of your performance on field sobriety tests: * most tests are designed for you to fail * most tests are not conducted as required by the police department manual * most tests are conducted under unfair conditions * There are dozens of ways to cast doubt in the results of a breath test: * most police departments fail to maintain the necessary records for the breath test machine. * most breath test operators fail to comply with the required procedures for test accuracy. Remember: * At trial the jury will not know you refused the breath test. * At trial the jury will not know you refused the field sobriety tests. * At trial the jury will not know you have a prior conviction for DUI.
4. Eady, Ernest: Once you have been pulled over by police, events in a DUI case typically happen quickly: You're given a sobriety test, your driver's license is confiscated by the police and replaced with a temporary permit, you have 10 days to request a Department of Motor Vehicles hearing, your temporary permit expires in 90 days, leaving you without legal permission to drive; the DMV or court determines your penalty, which can include jail time, fines and loss of license. At each point in the DUI/DWI process Ñ beginning with the moment a police officer decides to pull you over Ñ the case against you can be effectively contested by an experienced defense attorney. It's imperative that your DUI/DWI defense begins before your DMV hearing. Penalties levied by the DMV can often be more severe than those imposed by a court for a first DUI offense. Arrangements can often be made for you to be represented solely at DMV and court hearings by your attorney, so that you can carry on with your life even while a vigorous defense is waged on your behalf. If you already have one or more DUI/DWI convictions on your record, you face significant potential penalties as a repeat offender, including 6 months or more in jail and fines totaling thousands of dollars, in addition to license suspension or revocation.
5. McGuire, Richard: DUI / OUI / DWI A conviction for any of these three charges - DUI: Driving Under the Influence; OUI: Operating Under the Influence; or DWI: Driving While Intoxicated - will dramatically change your life in ways youÕve never considered. Your driverÕs license will be suspended, it will be difficult if not impossible for you to buy car insurance, and your conviction will be part of a PERMANENT criminal record. If you have been charged with a crime or arrested for a felony or a misdemeanor, call Law Office of Richard McGuire at 714.288.7300 or click here to send an e-mail. Call the Law Office of Richard McGuire Today 714.288.7300 Free Initial Consultation Richard McGuire will fight for your rights. If you are a resident of California, your name will appear on the Department of Motor Vehicles DUI/OUI/DWI list. Your name will also be sent to the National Driver's License Registry. If you are an out of state driver convicted of DUI/OUI/DWI in California, your stateÕs motor vehicle department will be notified and your license will probably be suspended. Your freedom to operate a motor vehicle will be either shut down completely or extremely restrained. And even if you can find an insurance company that will write you a policy, you may not be able to afford the steep price tag. You need to hire an experienced California DUI/OUI/DWI attorney who has a track record of success.
6. Jeremy Goldman: Any delay in hiring an attorney could result in increased penalties and major disruptions to your life. If you do not contact the DMV within 10 days to schedule an administrative hearing, you could lose your license. A DUI arrest could also result in jail time, substantial fines, mandatory alcohol and drug programs, installation of an ignition interlock device on your vehicle, and increased insurance costs. Ifthis is your second or third offense, consequences could be much more severe. Know your options. In California, there are alternative alcohol and drug treatment programs as alternatives to jail time.
7. Earnest L. Eady: Criminal Procedure Rules for Plea Agreements and Relief Based on Failure to Warn Pursuant to Federal Rule of Criminal Procedure (FRCP) 11, prosecutors may promise to move to dismiss other charges or recommend that the court authorize a specific sentence or sentencing range in order to encourage a criminal defendant to plead guilty to a certain charge. In addition, Rule 11 requires courts to advise a defendant considering entering into a plea agreement that the defendant has no right to withdraw the plea if the court does not follow the prosecutor's request or recommendation.
    
   In fact, failure to warn a defendant that there is no right to withdraw a plea if the court rejects the prosecutor's request or recommendation may entitle a defendant who is subsequently convicted to obtain relief based on a Rule 11 failing.
    
   The Plain Error Standard
   In order to obtain relief based on a claim of error, the defendant must generally "preserve" the claim of error by making a timely objection. In the absence of a timely objection, a claim of error becomes "unpreserved" and the standard for reversal is the plain error standard.
    
   Under FRCP 52(b), courts may consider "a plain error that affects substantial rights...even though it was not brought to the court's attention." The U.S. Supreme Court has interpreted the plain error standard to mean that an error must have "substantial and injurious effect or influence in determining the...verdict." Further, the Court has required defendants seeking relief based on plain error to show "a reasonable probability that, but for [the error claimed], the result of the proceeding would have been different."
    
   Three Limitations on Appellate Authority Under Rule 52(b)
   As set forth by the Court in U.S. v. Olano (1993), there are three limitations on the authority of a court of appeals to reverse a defendant's conviction based on plain error:
   1. There must be an "error" Ð a deviation from a legal rule
   2. The error must be "plain" Ð synonymous with "clear" or "obvious"
   3. The plain error must "affect substantial rights" Ð i.e., prejudicial influence on the verdict
   Upon satisfaction of these three conditions, a court of appeals should exercise its discretion to afford a convicted defendant relief and allow the defendant to withdraw the guilty plea.
    
   Relief for an Unpreserved Rule 11 Failing
   In 2004, the U.S. Supreme Court held in U.S. v. Dominguez Benitez that a defendant seeking to obtain relief for an unpreserved Rule 11 failing must show a reasonable probability that he would not have pleaded guilty if he had been appropriately warned.
    
   In the Dominguez Benitez case, the defendant agreed to plead guilty on a conspiracy count, according to a plea agreement that provided the prosecutor would dismiss another charge for drug possession and recommend that the sentencing court authorize a reduced minimum sentence. Although the written plea agreement said that the defendant could not withdraw his plea if the court did not accept the prosecutor's recommendations, the district court failed to warn the defendant as such in the plea colloquy, as Rule 11 instructs. Subsequently, the district court determined the defendant ineligible for a reduced sentence and sentenced him instead to the mandatory minimum sentence for the conspiracy count.
    
   The Ninth Circuit's Two-Part Test for Plain Error
   On appeal, the Ninth Circuit Court of Appeals agreed with the defendant that the omitted warning required reversal. In reversing the defendant's conviction, the Ninth Circuit applied a two-part test that requires the defendant seeking relief based on plain error to prove:
   1. That the court's error was not minor or technical, and
   2. That the defendant did not understand the rights at issue when he entered his guilty plea.
   However, the U.S. Supreme Court criticized the Ninth Circuit's two-part test for failing to consider the causal connection between an omitted Rule 11 warning and a defendant's plea decision. Asserting the importance of a causal connection, the Court concluded that the omitted Rule 11 warning made no difference to the outcome of the defendant's plea agreement in this case. The Court reasoned that the evidence showed both a controlled sale of drugs to an informant and a confession, which makes it "hard to see here how the warning could have had an effect on [the defendant's] assessment of his strategic position." Further, the plea agreement (which specifically warned that the defendant could not withdraw his plea if the court refused to accept the prosecutor's recommendations) was read to the defendant in his native Spanish, tending to show that the Rule 11 error was inconsequential.
   
   

• Fred Ray: After a typical California DUI arrest, you may have only ten days to request a hearing from the Department of Motor Vehicles to challenge the administrative suspension of your California driving privilege. If a hearing is not set, and a "stay" (or postponement) of the suspension is not requested, your license may be automatically suspended after 30 days if your blood alcohol level was a 0.08% or greater. If you have just suffered a DUI arrest, it is crucial that you call us immediately for a consultation so we can assess your situation and act to preserve your hearing right, if applicable.
• Daryl Thompson: A DUI arrest can happen to anyone.
• Joshua Stein: DUI and other suspension hearing sometimes require quick response on your part, so that you many obtain a right to a hearing, regarding the possible suspension of your license. This is mandatory under DUI and other alcohol and drug related cases.
• Ronald Brower: In recent years, California has experienced sharp declines in vehicular accidents involving drinking and driving. Many attribute this to the stateÕs laws that apply to driving under the influence (DUI), which are some of the strictest in the nation. The California Vehicle Code includes two basic drunk-driving laws, sections 23152(a) and 23152(b). Under the first, it is a misdemeanor to drive under the influence of alcohol and/or drugs. Under the second, it is a misdemeanor to drive with .08% or more of alcohol in your blood. The law provides that a defendant Driving under the influence is both a criminal and civil matter. Drivers caught with alcohol levels in their blood or breath that exceed legal levels, or those who refuse to take (and complete) a chemical test, are dealt with in two ways: First, they are prosecuted for the criminal offense of DUI or refusal. Criminal penalties can include jail and prison, fines, treatment, probation and license suspension. Second, they are subject to licensing action by the Department of Motor Vehicles.
• Palm Desert

10 THINGS TO KNOW ABOUT A DUI:

1. To save your California drivers license or privileges, you must request a DMV hearing within 10 days.
2. The 10 day time limit begins running from the issuance date of the order of suspension/temporary drivers license endorsement: i.e. administrative per se form.
3. The administrative per se/order of suspension/temporary drivers license endorsement is the 8x10 piece of paper that the officer gave you when he took your license. It is a white or pink DMV form PS360 that gives you the right to drive for 30 days before your license is suspended for 4 months.
4. Even if the officer did not snatch your license under the stop and snatch law and give you this form, DMV will probably automatically take action against your drivers license.
5. If you are from another state and the officer did not take your license, that state may also take action against your drivers license.
6. This temporary drivers license endorsement is good for only 30 days from the issue date. (If the DMV hearing is requested within 10 days, your driving privileges will be extended, there will be a delay of any suspension until the outcome of your DMV hearing).
7. Please note that a driving under the influence creates 2 separate proceedings that you must address. One is the court date and the other is the DMV hearing. The outcome of one does not necessarily affect the other.
8. There are only 3 issues at the hearing if you completed a blood or breath test. They are set forth on the back of the DMV paper. The main issue is if the officer had probable cause to stop or contact you and whether the chemical test is beatable.
9. The DMV has the burden of proof on all 3 issues and they must win all 3 issues to take your license away. However, the DMV does not use the same rules of evidence as the courts and usually wins 98% of these cases.
10. At a DMV hearing, your attorney has to knock out one DMV issue to save your license and for you to avoid any reissue fee and/or proof of insurance (SR22 filing).