Orange County DUI Law
California has two basic drunk driving laws, it is a misdemeanor to drive under the influence of alcohol (DUI), and it is a misdemeanor to drive with .08% or more of alcohol in your blood. In most cases, both offenses will be charged. It is possible to be found guilty of both charges, but you can only be sentenced on one due to the criminal penalties are the same.
In order to prove that a driver was operating a motor vehicle under the influence, the prosecution and law enforcement will present field sobriety tests and the results of a breath analyzer test or blood test that was processed subsequent to the driver's arrest. Evidence must exhibit that the arresting law enforcement had a reasonable suspicion for halting or approaching the vehicle, or whether halted at a roadblock, that the roadblock was setup in conformance with the U.S. Constitution’s Fourth Amendment.
If a drunken driving accident resulted in someone getting hurt, the defendant will possibly be charged with a felony and vehicular manslaughter if the victim dies. If the driver has a previous DUI conviction and someone died due to his/her drunk driving it is possible that he/she will be charged with Implied Malice. Additionally, it will likely be raised to a felony if the DUI conviction is the driver's fourth DUI offense or the driver has had previous DUI felony offense within ten years of the new indictment.
DUI and Legal Penalties
A person convicted for DUI or .08% will face criminal penalty of a jail sentence of anywhere from 4 days to as much as 6 months. He/She will then be ordered to pay a fine of around $1600, on behalf of the statutory amount in addition to an extensive range of fees and valuations. Furthermore, four months of license suspension shall be imposed by the DMV; the court may also require a six-month suspension. A three-month attendance at a state-approved DUI school will be required as a condition of probation and for restoration of the driver's license. An ignition interlock device installation or community service may be added, and a probationary period of three years is normally imposed.
The DMV, separate of the criminal charges, will enforce an administrative license suspension for either having .08% or for refusing blood alcohol tests.
