Michael Simmrin - Lead Attorney

When arrested for DUI in Orange County, a lot is at stake. Even if you have never faced charges before, you could lose your driving privileges, pay a hefty fine, face incarceration, or do community service. Consequently, you want to take the necessary steps to ensure you are acquitted or have your charges lowered. That starts by contacting a skilled DUI defense attorney with a proven track record. A knowledgeable lawyer will defend your interests and rights, significantly increasing your chances of winning your case.

At Orange County DUI Defense Lawyer Group, we are a criminal defense law firm specializing in defending clients charged with DUI in Orange County and the surrounding areas. With decades of experience, we have the skills and knowledge to defend suspects against DUI-related offenses. You could rest assured that your case is in the hands of a lawyer who, apart from boasting decades of experience, works for a law firm that was voted the county's best firm for several years.

Our lawyers strongly believe in their work and strive to accord every client first-rate legal defense. Our several years of drunk- and drugged-driving defense practice in Orange County have made us develop solid working relationships with prosecuting attorneys, judges, clerks, and other court officials. It has also earned us an excellent reputation in the legal community.

You can always count on us as your source of strength in these difficult times. Remember that the lawyer you hire could be the difference between a regrettable and positive outcome for your case. Therefore, consult with our lawyers and let us take on your case.

Why Hire Orange County DUI Defense
Lawyer Group?

There are many DUI defense law firms in Orange County, and you could hire any of them. However, you should understand that not all DUI defense lawyers have the same level of expertise. It is worth repeating that it matters who takes your case since the outcome will significantly depend on your lawyer's knowledge, skills, and work they put into resolving the case. Here are some of the qualities that sets us apart from other law firms and which can make you want to hire us:

Individualized Attention

You may feel like your case is like any other with other DUI firms. But with us, we provide a more individualized, intimate experience. We take time to know clients plus their unique cases so we may offer the best possible legal representation.

Client-Centered Services

Each client and each case we take is our number one priority. For the years we have been in operation, we have learned that our capability to advance as a DUI law firm depends significantly on our ability to earn our clients' trust. Consequently, our lawyers aggressively fight for clients and purpose to establish lasting working relationships that will yield significant current and future relationships. We commit ourselves to paying attention to our clients' needs. Whether dealing with a small or large case, we see all cases as unique and essential and every client significant.

No Case is too Small or too Big

We handle all kinds of DUI-related cases, either felonies or misdemeanors. Whether it is your first DUI arrest or you are a repeat offender, our lawyers have the experience to assist you through each step of the criminal court process. We will also represent you at the DMV hearing and ensure we obtain the most favorable results for you.

Proven Results

At Orange County DUI Defense Lawyer Group, we achieve actual results and boast a proven track record of success from complete charge dismissals to not-guilty verdicts. What helps us achieve these results? When you hire us, we will not take the easy way out. We will engage you entirely from the beginning to the end. As much as we offer cost-free consultations over the phone, we also meet face to face with clients to begin working toward results. We fight to protect our clients' rights, records, and reputations throughout the DUI criminal court and DMV (Department of Motor Vehicle) processes.

We Have Effective Strategies That Win Cases

Our law firm is founded on the aspiration to defend persons accused of DUI-related crimes in Orange County and the surrounding areas. Our lawyers pride themselves on the skills and knowledge they have attained defending hundreds of clients facing DUI charges. We will protect your freedom, rights, and reputation. We employ an aggressive, team approach to evaluate charges and develop a solid defense strategy. We are focused on the case outcome, and that is why our lawyers take their time to defend each client. We will assist you in making informed decisions by thoroughly explaining what your case is all about and the legal options you have. We consider the results you want while fighting for you.

We are not Just a Typical 9:00 a.m. to 5:00 p.m. Law Firm

What happens if the police arrest you for DUI outside of the regular working hours? You may find yourself in trouble during holidays or weekends, and law enforcement officers do not arrest people based on personal schedules. Thus, you deserve prompt legal help when in trouble with the law, irrespective of the time. That is why we operate 24/7/365 to assist you. In addition, you will always have the contact info of the attorney handling your case, meaning you will always have someone available to answer your calls and address any of your concerns and emergencies.

You Have 10 Days to Request a DMV Hearing to
Avoid License Suspension.

What You Can Expect After
Being Arrested for DUI

California law enforcement officers do patrols and stay alert for any signs of erratic, dangerous, or potentially intoxicated motorists. If an officer stops your vehicle for suspicion of driving while intoxicated, they may claim you committed a moving violation, were driving erratically, or were weaving in a way similar to how a drunk driver would. The officer will start a DUI investigation. They may need you to take field sobriety tests (FSTs) or preliminary alcohol screening (PAS) as part of the investigation. California DUI statutes do not mandate you to agree to FSTs or PAS, so you can decline to take these tests. Note, however, that if you are under 21 years or are on probation for a past DUI offense, you cannot decline to undergo the PAS test.

Whether or not you take the PAS or FSTs, the officer may decide to conduct a lawful DUI arrest. When you have been legally arrested, you will be required to undergo chemical DUI testing. The state's implied consent law for California drivers requires them to take at least one chemical test after a legal DUI arrest or face an extended driver's license suspension period.

In most cases, it is in your best interest to cooperate with the police without providing potentially incriminating or unnecessary information. The officer who pulled you over must have reasonable suspicion to do so. They may allege you have dilated pupils, alcoholic odor, or bloodshot eyes to persuade you that you have to submit to FSTs or a breathalyzer test. These measures merely allow the officer to complete their arrest in many cases.

Note that if an officer has stopped you for suspicion of DUI, they are possibly already persuaded that you were DUI of alcohol or drugs and are merely looking for any sign that supports their case. According to California law, you are only mandated to provide proof of auto registration, proof of vehicle insurance coverage, and your driver's license during a traffic stop.

Should the officer ask you other questions, you have the right to politely refuse to answer any further questions without your lawyer's presence. If you are not cooperative, expect the officer to arrest you for driving under the influence. Also, expect the officer will need you to undergo chemical testing at the police station per the state's implied consent law.

The California DUI Process

Unlike other crimes that involve only one process (criminal court process), DUI is different as it involves two independent processes— the DMV administrative process and the criminal court process. These processes kick off once you are legally arrested for DUI. Once you have legally been arrested for DUI, the arresting officer will require you to undergo chemical testing to check your blood alcohol content (BAC) level. If you fail the chemical test (if the results show you have a 0.08% BAC or more), you will have a DUI case to answer. Also, as we mentioned, undergoing chemical testing is mandatory. Refusing to take the tests could result in enhanced penalties if you are eventually convicted of your DUI offense. Also, the DMV will automatically suspend your driver’s license for a year. Once the arresting officer completes their DUI tests, they will book you and release you on bail or own recognizance.

Shortly after you have been arrested for DUI, the police officer will inform you that your driving privilege will be suspended in thirty days. They will then seize your license and give you a temporary one (a pink form) which remains valid until the suspension is effected. The police officer will then send the confiscated license to the DMV, which automatically suspends the license in thirty days unless you request a DMV administrative hearing.

You must request the DMV hearing within ten days of your arrest. A DMV administrative hearing is a seemingly legal proceeding conducted at the DMV office. At this hearing, you have the chance to contest the DMV’s move to suspend your license. The DMV will not suspend your license if you win at the hearing. But if you lose, your driving privilege will be suspended. The license suspension period is between four months and three years based on the number of past DUIs and whether you submitted to or declined chemical testing.

Note that the outcome of the DMV hearing does not affect the criminal court process. The criminal court process will continue whether you win or lose at the DMV, provided the prosecutor has filed formal DUI charges. Also, the license suspension by the DMV is independent of the suspension by the criminal. If you lost at the DMV administrative hearing and your license was suspended, the criminal court would still suspend your license if it eventually finds you guilty of the charges against you. After your case enters the court system, there are three primary court proceedings. These are arraignment, pre-trial proceedings, which entail motion filing and plea deal negotiations, and a trial by the jury.

For both DMV administrative process and criminal court process, you need expert legal representation to stand a chance of winning. Winning at the DMV will mean no license suspension. And in court, your attorney may mount a defense that may see your charges being reduced or dropped altogether.

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How is DUI Punished in California?

Driving under the influence of drugs or alcohol is a severe offense since it involves actions that place other people at risk. But the severity of DUI consequences varies depending on the case factors and whether the defendant has any prior DUI conviction. Regarding the latter, DUI is a priorable offense, and the consequences become more severe with each subsequent DUI conviction within ten years. If you have been convicted of DUI offense in the past and are convicted of another within ten years, you will face more severe penalties for the second conviction than for the first.

Most DUI offenses are misdemeanors. However, you may face felony charges if you have four or more past DUI convictions on your criminal record or if a person is hurt due to your intoxicated driving. The punishments for DUI are as follows:


First DUI Offense

  • A fine ranging from $390 to $1,000.
  • A maximum of six months in jail.
  • Misdemeanor probation for three to five years.
  • Three to nine months of court-approved DUI courses.
  • A suspension of driver’s license for four to ten months. However, you can be permitted to continue operating your vehicle if you install an IID in your vehicle for six months).

Second DUI Offense

  • Ninety-six hours to one year in jail.
  • Three to five years of misdemeanor probation.
  • A fine ranging from $390 to $1,000.
  • Driver’s license suspension for up to two years or continue driving if you install an IID in your car for one year.
  • Eighteen to thirty months of court-approved DUI school.

Third DUI Offense

  • A fine ranging from $390 to $1,000.
  • A jail sentence of between 120 days and a year.
  • A suspension of driver’s license for three years.
  • Summary probation for three to five years.
  • A thirty-month DUI school program.
  • IID installation for two years.
  • Designation as an HTO (habitual traffic offender).

Fourth/Subsequent DUI Offenses

  • Up to $18,000 in fines and court fees.
  • Up to sixteen months in prison.
  • The HTO title for three years.
  • Driver’s license suspension for four years.
  • Thirty months of DUI classes and AA meetings.
  • Felony probation for three to five years.
  • Mandatory IID installation for two to three years.

You may also be subject to civil charges if your DUI offense caused property damage or injuries to someone else. And if your offense had aggravating factors, you may face an enhanced sentence. Collateral consequences such as difficulty finding employment, especially if you are a commercial driver, difficulty renting an apartment, and loss of professional license can also result from a DUI conviction.

Don't Risk of Having Your License Suspended and a Criminal Record.
Get an Experienced Lawyer to Fight for You!

COMMON DEFENSES FOR A CALIFORNIA DUI CASE

Some of the defenses argued in a DUI case in California include:

Mouth Alcohol Led to Falsely High Blood Alcohol Content Results

Residual mouth alcohol may result in falsely high BAC results. Breathalyzers test breath samples from the alveolar air (deep lung tissues). Therefore, using an alcohol-containing mouthwash rather than capturing the alcohol in the alveolar air can capture alcohol residues in the mouth if you chewed tobacco, suffered from heartburn, GERD, or acid reflux, or used particular medications. These can lead to BAC test results of 0.08% or higher. Additionally, the officer has to observe you continuously for fifteen minutes before subjecting you to a breathalyzer test to ensure you do not regurgitate, belch, or burp and do not put anything containing alcohol in your mouth. Should the officer fail to observe you for a continuous fifteen minutes, your attorney can question the BAC test results plus the entire investigation.

Inaccuracies in FSTs Results

The D.A and arresting officer heavily depend on FST results and virtually always attest that the accused generally failed without mentioning the tests that you performed well. If the prosecutor's evidence includes FSTs results, your lawyer may challenge them as a defense. Even the most reliable field sobriety tests are not 100% accurate signs of impairment. Additionally, various factors may impact coordination and balance, making you fail FSTs. These factors may include fatigue, poor lighting, clothing, adverse weather conditions, flat feet, uneven surface, and wrong footwear. Our lawyers argue this defense to ensure the D.A does not use FST results to seek a conviction.

Rising Blood Alcohol

Once you drink alcohol, it takes between an hour and three hours to be absorbed into the blood system and reach its peak level. Therefore, if you drank alcohol and went straight to your car to drive and then were arrested for driving under the influence, the chemical tests may also indicate a higher blood alcohol content than you had while driving. Your blood alcohol content will continue rising, and if the chemical tests are not administered soon after your arrest, the chemical test results could be false. What counts is your blood alcohol content level at the period you drove, and this fact may form the foundation of legal defense in a DUI case.

A Simple Poor Driving Does Not Mean You Are DUI

Whereas law enforcement officers usually think a motorist must be intoxicated if driving erratically or poorly, it is not always true. Weaving, speeding, or any other traffic violation can be caused by a sober motorist who is inattentive or distracted. The D.A will take into account your driving pattern, and the arresting officer may attest that you were driving in a way similar to how an intoxicated person would drive. A skilled DUI defense lawyer can fight your case by arguing you were not intoxicated and your driving pattern is an unreliable sign of DUI.

Practice Areas

At Orange County DUI Defense Lawyer Group, we handle all DUI cases. We dedicate our time to handling DUI cases exclusively and offering a comprehensive defense. Here are some of the cases we handle:

Contact an Experienced DUI Defense Attorney Today

There is a long legal journey ahead of you when charged with DUI. The California DUI process is intricate and needs an exceptional understanding of the law to navigate. You do not have to go through the process alone. At Orange County Defense Lawyer Group, we are readily available to help you fight your DUI charges. We have a deep understanding of the California DUI law and will fight to obtain the best possible outcome for you. Call us at 714-705-6932 to share your case details.