DUI Lawyer in Orange County

Most California DUI cases are filed under Vehicle Code section 23152. Subdivision (a) makes it unlawful to drive under the influence of alcohol or a drug. Subdivision (b) makes it unlawful to drive with a blood alcohol concentration of 0.08% or more. The two are often charged together for the same stop.

DUI basics from the DMV: California DMV: Driving Under the Influence (DUI).

A DUI arrest starts two separate cases. The criminal case is in court. The DMV case is about your driver’s license, and it moves on its own schedule.

Under the DMV’s Administrative Per Se (APS) process, you can request a hearing within 10 days of receiving the suspension or revocation notice. The hearing looks at whether the DMV’s action is justified, not whether you are guilty of a crime. See the DMV APS fact sheet and Driver Safety Case Management.

If you miss the 10 days, you can lose the chance to challenge the suspension. Call me as soon as you can after the arrest.

Your paperwork lists the justice center and date for your first appearance, which is usually the arraignment. Each Orange County justice center also lists an Alcohol Liaison from the county Health Care Agency on its court page. Find your justice center on the court’s locations page.

Misdemeanor DUI cases usually move from arraignment to a pretrial conference. A felony DUI generally goes through a preliminary hearing first.

1. Do not talk about the facts of your case with police, friends, or anyone on social media. You can say you want to speak with a lawyer.
2. Keep every piece of paper you were given: the citation or bail paperwork, any property receipt, and any DMV notice. Your court date and courthouse are usually listed there.
3. Write down what you remember while it is fresh: times, places, who was there, and what was said.
4. Do not miss your court date. If you are not sure where to go, the Orange County Superior Court website lists each courthouse.
5. Call me at (310) 938-1992 for a free, confidential consultation before your first court date.