Why Choose Us?

DUI convictions in Orange County, California, can lead to harsh penalties and lifelong collateral consequences. If you are currently facing one of these charges, the legal team at Chudnovsky Law is ready to help. Our knowledgeable criminal defense attorneys have successfully fought over 9,000 criminal cases and jury trials. We also have several decades of experience, both as top defense attorneys and former government prosecutors. Consequently, we know how to view both sides of a criminal case, and we use that knowledge to achieve favorable results for our clients.

Elements of an Orange County DUI Charge

In Orange County, California, to convict someone of Driving Under the Influence (DUI), the prosecutor must prove certain legal elements beyond a reasonable doubt. These elements are essential because they show that the driver was actually impaired while operating a vehicle, and they help ensure that innocent people are not wrongfully convicted.

First, the prosecutor must prove that the accused was driving a vehicle, which means the person was in physical control of a car, motorcycle, or other motorized vehicle. It doesn’t matter if the vehicle was moving or stopped, as long as the driver had control. For example, if someone is sitting in the driver’s seat with the keys in the ignition, they can be charged with DUI, even if the vehicle is not moving.

Second, the prosecutor must prove that the driver was under the influence of alcohol or drugs. Under the influence means, the driver’s mental or physical abilities were impaired to the point where they cannot safely operate the vehicle. Being “under the influence” can mean being drunk, high on drugs, or affected by a combination of both. The prosecutor can show this condition through evidence like field sobriety tests, breathalyzer results, blood tests, or witness testimony.

Third, the prosecutor must show that the impairment was caused by alcohol or drugs. This condition means the driver’s inability to operate the vehicle safely must be directly related to the substances they consumed. If the driver was impaired for other reasons, such as fatigue or a medical condition, it does not count as DUI.

In some cases, the prosecutor can rely on specific BAC levels. In California, a BAC of 0.08 percent or higher is considered illegal for drivers over twenty-one. For commercial drivers, the limit is lower, at 0.04 percent, and for drivers under twenty-one, any detectable amount of alcohol can lead to DUI charges.

If the prosecutor successfully proves these elements beyond a reasonable doubt, the court can convict the driver of DUI.

Potential Penalties of an Orange County DUI Conviction

If you are convicted of a DUI (Driving Under the Influence) in Orange County, California, you face a variety of penalties that can affect your life in serious ways. The exact consequences depend on whether it is your first offense or if you have prior DUI convictions, as well as other factors like whether anyone suffered an injury or if there was property damage.

For a first DUI offense, the penalties usually include a fine that can range from about $390 to $1,000. Along with the fine, you may be required to attend a DUI education program. This program lasts between three to nine months and focuses on teaching you about the dangers of drinking and driving. You may also face a license suspension for four months, meaning you cannot legally drive during that time. In some cases, the court may require you to install an ignition interlock device on your vehicle. This device requires you to blow into a breathalyzer before starting your car, preventing the vehicle from starting if you have been drinking.

If you are convicted of a second DUI within ten years, the penalties become much more severe. You can face fines from $390 to $1,000 again, but you may also be required to attend a longer DUI program, typically between 18 months and two years. The license suspension period will also be longer—usually up to one year. Additionally, the court is likely to require you to install an ignition interlock device for a longer time. Jail time is also more common for second offenses and can last up to 180 days.

For a third DUI conviction or more within ten years, the penalties are even harsher. Fines can again reach up to $1,000, but the jail sentence may be up to one year. The DUI program will likely last two years, and your driver’s license can be suspended for up to three years. The ignition interlock device requirement will also be extended.

In more serious DUI cases, such as those involving injury or very high blood alcohol levels, penalties can increase significantly, including longer jail time and higher fines. Regardless of the offense, a DUI conviction in Orange County carries serious legal consequences designed to discourage impaired driving and protect public safety.

Collateral Consequences of an Orange County DUI Conviction

A DUI conviction in Orange County, California, can lead to many collateral consequences that affect different parts of your life beyond the legal penalties. These consequences may not be part of the court’s direct punishment, but they can still cause significant problems in your personal, professional, and financial life.

One of the most common collateral consequences is increased insurance costs. After a DUI conviction, your car insurance rates will likely go up significantly. Insurance companies view drivers with DUIs as high-risk, so they charge more to cover the potential danger. In some cases, you may even have trouble finding an insurance company willing to provide coverage. This increase in premiums can last for several years, adding a substantial financial burden.

A DUI conviction can also affect your job. Many employers perform background checks and may be hesitant to hire or keep someone with a DUI on their record. This reluctance is especially true if your job requires driving or operating heavy machinery. Some professional licenses, such as those for nurses, teachers, or truck drivers, may be suspended or revoked after a DUI conviction. Losing a professional license can make it difficult or impossible to continue working in your chosen field.

Your personal reputation may also suffer after a DUI conviction. Friends, family, and community members may view you differently, affecting your social relationships. The stigma attached to DUI offenses can lead to feelings of shame or embarrassment, affecting your mental and emotional well-being.

Defenses to a DUI Charge in Orange County

If you are charged with a DUI (Driving Under the Influence) in Orange County, California, there are several possible defenses that we may use to fight the case. A DUI charge can have serious consequences, so understanding these defenses can help protect your rights and improve your chances of a better outcome.

One common defense is questioning whether the police had a valid reason to stop your vehicle in the first place. Under the Fourth Amendment, police need reasonable suspicion that you were breaking the law to make a traffic stop. If you can show that the stop was illegal, any evidence gathered afterward may be thrown out. Without that evidence, the prosecution may have a weak case.

Another possible defense is challenging the accuracy of the field sobriety tests. These tests, like walking in a straight line or standing on one leg, are designed to show if you are impaired, but they are not perfect. Factors such as uneven pavement, weather conditions, injuries, or even nervousness can affect your performance. You may argue that these tests were not reliable evidence of impairment.

Breathalyzer or blood test results can also be challenged. Breathalyzer machines must be properly calibrated and maintained to give accurate results. If the device was faulty or the officer did not follow proper procedures, the test results may be invalid. Additionally, blood tests must be handled carefully to avoid contamination or mistakes. At Chudnovsky Law, we can examine how the tests were conducted and may find problems that weaken the prosecution’s case.

Finally, you may argue that you were not in actual physical control of the vehicle. If you were parked and not driving or if someone else was in control, you may not meet the legal definition of DUI.

Each DUI case is different, and the best defense depends on the specific facts.

How We Can Handle Your Orange County DUI Case for You

At Chudnovsky Law, we understand that being charged with a DUI in Orange County, California, can be a stressful and confusing experience. Our team is here to guide you through every step of the legal process and fight hard to protect your rights. We know how important your future is, and we work closely with you to build a strong defense tailored to your specific case.

When you come to us with a DUI charge, the first thing we do is carefully review all of the evidence against you. This evidence includes police reports, breathalyzer or blood test results, and any video or witness statements. We look for mistakes or weaknesses in the prosecution’s case that can help reduce or even dismiss the charges. For example, we may challenge whether the police had a legal reason to stop your vehicle or whether the tests showing impairment were done correctly.

Our defense attorneys have extensive experience handling DUI cases in Orange County courts. We understand local laws and procedures and know how to negotiate with prosecutors to achieve the best possible results. Sometimes, this means working to get reduced charges, alternative sentencing, or diversion programs that allow you to avoid harsh penalties. Other times, we are ready to fight aggressively at trial if that is what your case requires.

We also provide clear communication throughout your case, so you always know what to expect and what your options are. Our goal is to make the process as smooth as possible while protecting your rights and future.

If you are facing a DUI charge in Orange County, don’t face it alone. Contact Chudnovsky Law today for a free consultation. Let us put our knowledge and experience to work for you.

Steps to Take If You’re Arrested for a DUI in Orange County

If you are arrested for a DUI in Orange County, California, it is important to take the right steps immediately to protect yourself. The first thing you should do is remain calm and polite with the police officers. Do not argue or resist, as this can make the situation worse. Remember, anything you say or do can be used against you later.

Once you are arrested, it is important to know your rights. You have the right to remain silent and the right to speak with a lawyer. Use these rights wisely. Do not admit guilt or explain yourself without a lawyer present.

One of the most important steps you can take after a DUI arrest is to call Chudnovsky Law as soon as possible. Our experienced attorneys understand how the DUI process works in Orange County and can protect your rights from the start. We can advise you on what to say, how to handle the police and the court process and build a strong defense for your case.

Additionally, after your arrest, make sure to gather any evidence that may help your case, like witness contact information or video recordings. Also, follow any court orders carefully, such as attending hearings or completing required programs.

Taking these steps quickly can make a big difference in the outcome of your DUI case. Contact Chudnovsky Law right away for the support and guidance you need during this difficult time.

Call an Experienced Orange County DUI Lawyer Today

At Chudnovsky Law, our knowledgeable defense attorneys are prepared to fight for your rights and pursue the best possible result in your Orange County DUI case. For a free case evaluation and legal consultation with a knowledgeable Orange County personal injury attorney, please call us at (949) 750-2500 or contact us online for more information. 

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