Rancho Santa Margarita DUI Attorney

Rancho Santa Margarita DUI Lawyer

Facing DUI charges can be overwhelming, with steep fines, license suspension, and jail time looming in your future. However, you do not need to navigate the legal complexities alone. At Brown & Stedman LLP, a dedicated Rancho Santa Margarita DUI attorney can protect your rights and minimize the impact of a DUI on your future.

What You Need to Know If You Are Stopped for a DUI

Law enforcement, like the Orange County Sheriff’s Department (OCSD), whose Rancho Santa Margarita location is at 22112 El Paseo, has the authority to stop your vehicle if they have reasonable grounds to believe you have committed a traffic violation. Violations can include a problem with your car’s equipment, speeding, or driving erratically.

They can conduct DUI checkpoints, as Orange County has historically high DUI arrest and conviction rates compared to the rest of the state. In 2020, Orange County saw over 5,000 DUI arrests, with a rate of 0.3 per 100 drivers. The OCSD wants RSM to be a safe, family-oriented area, but they cannot infringe on your rights.

• You have the right to politely refuse to respond to inquiries about alcohol consumption or your travel origins or remain silent.
• You do not need to perform any field sobriety tests.
• You must be given your rights before participating in a field sobriety test or taking a portable breath test.
• You have the right to unlawful search and seizure.
• You have the right to an attorney.

California is an implied consent law state, which means that by driving on California roads, you have implicitly agreed to submit to a blood or breath chemical test if you are lawfully arrested for DUI. If you refuse to take the test, you may face additional consequences.

DUI Conviction Penalties

The penalties for a DUI conviction will vary depending on prior offenses, blood alcohol content (BAC), and whether or not there were aggravating circumstances.

First DUI

A first offense for DUI is classified as a misdemeanor, which comes with three to five years of probation, as well as:

• Fines of $390 to $1,000
• Completion of a three or nine-month alcohol and/or drug education program, also called “DUI school”
• Four-month license suspension
• Six-month use of an ignition interlock device (IID)
• 48 hours to six months in county jail
• The Orange County Sheriff’s Department (OCSD) has stated that the average cost of a first-time DUI offense in California is around $13,500, including fines, fees, and other penalties.

Second DUI

A second DUI conviction that happens within 10 years of a previous offense is also a misdemeanor. Similar to a first offense, this comes with three to five years of probation. Other penalties include:

• Fines of $390 to $1,000
• Court fees, assessment costs, and other fees, which can add up to thousands of dollars
• 18-month or 30-month completion of DUI school
• One to two years of driver’s license suspension or a restricted license that allows driving to and from work, DUI programs, and other necessary destinations if an IID is installed in the vehicle
• A mandatory minimum of 96 hours to a maximum of one year of jail

Third DUI

Similar to a first and second offense DUI, a third offense within 10 years is a misdemeanor. It will come with three to five years of probation, as well as:

• 120 days to one year in jail
• Fines ranging from $390 to $1,000
• Mandatory 30-month DUI school completion
• Two years with an IID
• Designation as a Habitual Traffic Offender (HTO) for three years

What Could Increase Your DUI Penalties?

DUI penalties can be significantly increased if there are aggravating factors. Some of the most common factors that may lead to harsher penalties include:

• Having a BAC of 0.15% or higher
• Refusing blood or breath testing
• Causing a traffic accident
• Driving at dangerously high speeds
• Having a child under the age of 14 in the vehicle
• Being under the age of 21
• Having an open alcoholic beverage container in the vehicle
• Acting aggressively or hostile towards law enforcement

If a commercial driver is driving under the influence, they could face stricter consequences. A first DUI offense will result in a one-year suspension of their commercial driver’s license (CDL), and any subsequent offenses can mean a lifetime ban on operating commercial vehicles.

Why You Need an Attorney After a DUI

Whether this is your first offense or a third offense, it is recommended that you retain an experienced DUI attorney. Any DUI offense can mean severe, long-lasting consequences that go beyond fines and jail time. Your lawyer can assess the specifics of your arrest, challenge potential errors in police procedures or tests, negotiate with prosecutors for reduced or dismissed charges, and represent you in court at a DMV hearing.

FAQs

Q: Will I Lose My License After a DUI?

A: Whether you lose your license after a DUI will depend on how many offenses you have been convicted of and whether there were aggravating factors. The arresting officer typically confiscates your driver’s license and issues a temporary license that is valid for 30 days. During this time, the DMV will review the case. The length of time your license may be suspended will depend on factors like how high your BAC was, whether you refused a chemical test, or how many prior DUI offenses you have been convicted of.

Q: What Are the Penalties for a First-Time DUI?

A: First-time DUIs are usually misdemeanor offenses unless there are aggravating factors. General penalties include a small amount of jail time, three to five years of probation, fines of up to $1,000, DUI education program attendance, and potentially an IID. You could also have your vehicle impounded, and your insurance rates could go up.

Q: Can I Refuse a Breath or Blood Test?

A: In California, you have the right to refuse a breath or blood test if you are over 21 years old and not on DUI probation. If you do refuse, however, it can result in an automatic driver’s license suspension, increased jail time, higher fines, and longer DUI education programs. The refusal could be used as evidence of your guilt.

Q: Can a DUI Charge Be Reduced or Dismissed?

A: Yes, a DUI charge can be reduced or dismissed depending on the circumstances of the case. The case could be dismissed if there was a violation of your constitutional rights during the traffic stop or arrest, evidence was improperly collected, or the test results were unreliable. The charges could be reduced by negotiating for a “wet reckless” or “dry reckless” charge, which usually comes with less severe penalties.

Reach Out to a DUI Attorney as Soon as Possible

After a DUI arrest, you should immediately reach out to a DUI attorney. At Brown & Stedman LLP, our experienced Rancho Santa Margarita attorneys can assess the specifics of your case and develop a tailored defense strategy. Contact us today, whether this is a first offense or a repeat offense.