THE LAW OFFICE OF BARRY T. SIMONS
ORANGE COUNTY DUI LAWYERS
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Orange County DUI Penalties


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Orange County DUI Penalties

Probably the most asked question relating to an Orange County DUI charge is "What are the penalties?" The answer to the question is difficult to answer in light of the fact that the Orange County Courts are some of the toughest in the State of California. This question is especially important if you hold a professional license because some regulatory agencies will not employ those who have a criminal record that reveals jail time as part of the sentence. If you hold a professional license and are charged with a DUI in Orange County, California or anywhere in Southern California, you need to contact a DUI Lawyer from the Law Office of Barry T. Simons immediately for a free DUI Consultation and Case Evaluation.

ORANGE COUNTY, CALIFORNIA DUI PENALTIES

The ranges of penalties for a first offense DUI vary greatly from a second offense DUI and even more for a third offense DUI. The greatest disparity exists between a first offense DUI and fourth offense DUI as a fourth offense DUI is automatically treated as a felony. Under Vehicle Code § 23550.5 a second or third offense will be treated as a felony if you had a separate conviction for a felony DUI within 10 years of the most recent DUI charge.

FIRST OFFENSE DUI PENALTIES IN ORANGE COUNTY

First offenders find themselves in the best position to avoid jail time unless the case involves the aggravating factors listed in the chart below or involved in an accident and/or hit and run charges. While some may say that a first offender need not hire an attorney, many learn to regret the decision to forego retaining an attorney later finding that they may have ended up with a reduction, or better yet, avoided a DUI conviction altogether. There is no substitute for the skill and knowledge that an experienced Orange County DUI Lawyer can bring to your Orange County DUI case.

COLLATERAL CONSEQUENCES OF A DUI CONVICTION:

The conviction may be reported to your regulatory agency by the California DOJ or the California Department of Justice

You may be required to report the conviction to your regulatory licencing agency

You will have to disclose the conviction when you renew your professional license

The fact of conviction may be disclosed on your regulatory agency's web site

You may be required to disclose the conviction to your employer

Your insurance can increase by thousands of $$each year for years to come

The cost of your health insurance may increase

It maybe difficult to obtain Life Insurance and its cost may increase

You may be prevented from entering foreign countries including Canada

Many future jobs may be closed to you due to a conviction.

Your alcohol program may conflict with your professional obligations.

SECOND OFFENSE DUI PENALTIES IN ORANGE COUNTY

While the statutory minimum for a second offense DUI is only four (4) days, which can be split-up over two (2), forty-eight (48) hour weekends, Orange County starts with a sentence that ranges from 45-to-60 days. If you are still on probation for a prior DUI conviction, or have a high blood alcohol level, you can expect the Orange County District Attorney’s Office to press for a more severe jail sentence that for your second offense Orange County DUI charge. Sometimes this jail time can be done in a private city jail, and sometimes it can be done on Supervised Electronic Home Confinement (SEC); however, there is no guarantee that the judge in your Orange County DUI case will allow you to serve your time anywhere else but County Jail. This is why the retention of an experienced Orange County DUI Attorney is advisable if you are facing a multiple offense DUI charge in Orange County.

NOTE: Under Vehicle Code § 23550.5 your current offense will be a felony if you had a separate conviction for a felony DUI within 10 years.

Our professional promise to you is that we will do everything possible to resolve your Orange County DUI case in a way that will not destroy your career.  A second offense DUI will result in disciplinary action for most professionals. If you provided your fingerprints through "Live-Scan", you can be assured that you will likely be contacted by your regulatory Board within 10 days of your arrest.  How you handle your Court case and how your attorneys prepare for the Administrative action will have profound consequences for your career.

THIRD OFFENSE DUI PENALTIES IN ORANGE COUNTY

Being charged with a Third Offense DUI in Orange County can be a life changing event. While the statutory minimum is 120 days, Orange County starts off with sentences that range from 180-to-270 days, sometimes a year depending on the circumstances of the Orange County DUI case.  If you are currently on probation and are charged with a Third Offense DUI you will face additional consequences from the Judge for violating the terms and conditions of probation.  Some Judges will revoke your probation and remand you into custody without bail pending a hearing on your probation violation.  There are alternatives to long jail sentences that could result in the loss of a job that an experienced Orange County DUI Lawyer can guide you through.  This is why hiring an experienced Orange County DUI Attorney is advisable if you are facing a multiple offense DUI charge out of an Orange County Court. 

NOTE: Under Vehicle Code § 23550.5 your current offense will be a felony if you had a separate conviction for a felony DUI within 10 years.

FOURTH OFFENSE DUI PENALTIES IN ORANGE COUNTY

A fourth offense DUI is a felony. Sentencing usually starts off with sixteen (16) months. Rarely can this time be served in a private city jail or through Supervised Electronic Home Confinement (SEC). Even if probation is denied, defendants will not be sent to State Prison to serve their time on a Vehicle Code § 23152 conviction punishable under Vehicle Code § 23550(a) under the Criminal Realignment Act of 2011 unless great bodily injury is involved.  A fourth offender, let alone any multiple offender, should not endeavor to represent themselves as the consequences of that decision could be dire. 

DUI PENALTIES FOR INJURY ACCIDENTS IN ORANGE COUNTY

If you cause injury to another while driving under the influence of alcohol and/or drugs, including driving under the influence of prescribed medications, the consequences and punishment changes dramatically. As you might expect, the worse the injury, the greater the consequences.  If the injury is minor, you will be charged with misdemeanor DUI with injury under Vehicle Code § 23153(a)(b).  A more substantial injury will result in a felony charge of Vehicle Code § 23153(a)(b). If you inflicted great bodily injury, the special enhancement allegation under Penal Code §12022.7, which adds 3-6 years onto the sentence, will be added and it requires that you serve at least 85% of your jail or prison sentence instead of just 50%.

CONCLUDING REMARKS REGARDING DUI PENALTIES IN ORANGE COUNTY, CALIFORNIA

If you are facing a first, second, third, fourth or even fifth or sixth DUI charge out of Orange County, take the time to consult the Orange County DUI Lawyers of the Law Office of Barry T. Simons today for a free, no-cost, DUI Consultation and Case Evaluation.




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California Drunk Driving Law

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BARRY T. SIMONS VOTED ONLY ORANGE COUNTY "SUPER LAWYER" IN 
2014 AND 2015



PETER F. IOCONA VOTED "RISING STAR" BY "SUPER LAWYERS" IN 2015



BARRY T. SIMONS AND PETER F. IOCONA BOTH VOTED TOP ATTORNEYS BY OC METRO MAGAZINE

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BARRY T. SIMONS RATED "10/10" OR "SUPERB" 
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BARRY T. SIMONS RECEIVED AVVO "CLIENTS CHOICE" AWARD 2012

PETER F. IOCONA RATED "10/10" OR "SUPERB" BY AVVO RATING SERVICE

PETER F. IOCONA 
RECEIVED AVVO 
"CLIENT CHOICE" AWARD


PETER F. IOCONA 
AWARDED AVVO "TOP CONTRIBUTOR" AWARD


ALAN CASTILLO RATED "10/10" OR "SUPERB" BY AVVO RATING SERVICE

ALAN CASTILLO RECEIVED AVVO "CLIENTS CHOICE" AWARD 2013

MARLO CORDERO RATED "SUPERB" BY AVVO LAWYER RATING SERVICE

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