Articles Posted in DUI and other Crimes

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A 21 year old resident of Downey was arrested Friday after striking a motorcyclist and knocking him into another vehicle on Pacific Coast Highway in Huntington Beach. According to authorities, the 21-year-old driver was driving his pick up truck in the bicycle lane, attempting to pass traffic when the accident occurred. The rider of the motorcycle was seriously injured but is expected to survive. The 21-year-old man reportedly fled the scene before police arrived but was found and arrested several miles away.

This young man is facing serious charges of driving under the influence causing injury, possession of marijuana, hit and run causing injury and reckless driving causing injury. While he is a resident of Downey, California, he will need the legal representation of an experienced Orange County, California criminal defense lawyer.

Hiring the right criminal defense attorney in Orange County, California, can be the most important decision a person makes when being accused and/or charged with a criminal matter in the County of Orange.

The following are standard penalties associated with a conviction for driving under the influence or DUI, in Orange County, California:

DUI 1st Offense: Jail time (up to 6 months); fines (up to$1,000.00); community service; probation; DUI School; and driver’s license suspension.

DUI 2nd Offense: Jail time (up to a year); fines (up to $1,000.00); community service; probation; DUI School; driver’s license suspension; and vehicle impoundment.

DUI 3rd Offense: Jail time (up to a year); fines (up to $2,000.00); community service; probation; DUI School; driver’s license suspension; and vehicle impoundment.

In California we have what is called Sentence Enhancements. What this means is that if convicted of DUI, under certain circumstances the Court can impose a greater penalty. Those circumstances include: 1) Prior Convictions – If convicted of a DUI within the last ten years, jail time, DUI school and license suspension periods are increased. Two priors within ten years results in even further penalty increases and if you have three or more, you will be charged with felony DUI; 2) High Blood Alcohol Level: A BAC level of .15 or higher, results in an enhanced sentence; 3) Test Refusall: There are two consequences to refusing to take a chemical test. The amount of jail time is increased and the DMV will impose their administrative suspension of your driving privilege; 4) Speeding and/or Reckless Driving: At the time of arrest, a sentence enhancement will be imposed for 20 mph over the speed limit on a surface street and 30 mph over the limit on a freeway.

In this particular case, this young man is facing not only driving under the influence but also DUI/DWI with injury. This is technically considered a “wobbler” which means it can be filed as either a misdemeanor or felony. However, most prosecutors pursue the charge that carries greater punishment. He also faces the enhancement charge of speeding and/or reckless driving, as well as DUI with injury. An experienced DUI defense attorney should explore the possible defense that the acts of another person or forces beyond the driver’s control such as road conditions or weather were the cause of the accident. Accident Reconstruction Experts are often used when this type of defense is being offered.

An experienced DUI Defense Attorney will look closely at the police report and at the conduct of the investigating officers. Specifically, any misconduct or violation of rights must be taken into consideration. Further, if a field sobriety test was performed, and this is what the arrest was based on, it should be challenged due to the fact that field sobriety tests are subjective, basically the opinion of the officer performing the test. If a roadside Breathalyzerr is used, this must also be looked at carefully as the results are unreliable and there are too many ways to skew the results. The law does require that anyone being arrested for suspicion of DUI must take a chemical test. Blood or breath, at the police station, are the two choices. However, there is no legal obligation for anyone to perform a field sobriety test. If a breath test was used at the police station, the maintenance logs of the breath machine need to be examined. If blood was taken, the attorney may want to employ the services of an expert to perform a “Blood Split”, which can help determine the blood alcohol level at the time of the stop rather than at the time the blood was taken. This can sometimes result in a lower blood alcohol level.

It is important for anyone facing a DUI conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced and/or dismissed. A key factor in choosing an attorney is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

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A 28-year-old man has been charged with felony vehicular manslaughter with gross negligence while intoxicated, and two felony counts of DUI, after losing control and crashing his truck head-on into a concrete bridge abutment in Santa Ana. His friend, who was a passenger in his vehicle, died in the accident. He is also facing sentence enhancements because he has a prior conviction for driving under the influence.

Vehicular Manslaughter, while intoxicated, is a felony punishable up to 10 years in State Prison. However, in certain circumstance, the punishment can be more severe. In California, we have what is known as DUI Sentence Enhancements. This means that a sentence can be increased, depending upon the enhancement(s). Sentence enhancements in DUI cases include, prior convictions, a blood alcohol level of .15 or higher, test refusal and speeding and/or reckless driving.

The crime of Felony DUI falls into three categories: vehicular homicide, manslaughter or second-degree murder. Vehicular homicide is charged when, as a result of ordinary negligence, a death occurs. Manslaughter with gross negligence is charged when the death is the result of criminal negligence. Criminal negligence, as it relates to drunk driving basically means that the individual had the knowledge that their actions were likely to result in death. Second-degree murder can be charged when there is a death and the person who was drinking and driving acted with “implied malice” or a conscious disregard for life. Second-degree murder is not usually charged in a DUI / DWI case because it is difficult to establish implied malice.

However, if the person has prior DUI convictions, the prosecution can use this to establish that the defendant knew the dangers of drunk driving. In Orange County, when a person pleads guilty to DUI, they must admit in court or in writing, that they understand the dangers of drunk driving, this is known as a “Watson Warning“. The prosecution can use this as evidence if they decide to prosecute for second-degree murder.

Vehicular manslaughter while intoxicated, with gross negligence can result in the following penalties: UP to 1 year in county jail, or 4,6, or 10 years in state prison. However, with one or more priors, it can be 15 years to life in state prison.

Vehicular manslaughter while intoxicated, without gross negligence caries the penalties of up to 1 year in county jail, or 16 months, 2 or 4 years in state prison.

Fortunately, there are defenses to Felony DUI, or Vehicular Manslaughter While Intoxicated. In this situation, a good Orange County DUI Attorney should look at the possible defenses to vehicular manslaughter. Challenging the validity of the breath or blood test results, as well as challenging police procedures and/or misconduct must always be looked at. Some other defenses to Vehicular Manslaughter while Intoxicated include: Rather than gross negligence, that the defendant acted with regular negligence; that the negligence what not what caused the death. That the acts of another person or forces beyond your control such as road conditions or weather were the cause of the accident and/or death. Accident Reconstruction Experts are often used when this type of defense is being offered.

A conviction for Felony DUI can carry long lasting effects on a person’s life and for that reason, it is important for anyone facing this type of conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced. A key factor in choosing a DUI attorney in Orange County, is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

Anyone who has been arrested for Felony DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

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A 31 year old man drove through the front window of a workout studio in Costa Mesa, going through the glass and into the opposite wall of the business. Luckily, it was after hours and no one was injured. Officers arrived on the scene to find the man wandering around the studio, stumbling and showing signs of intoxication. He was arrested on suspicion of driving under the influence.

Someone who is arrested for driving under the influence of alcohol or drugs or DWI, will either be charged with a felony or a misdemeanor. First, second and third offenses are usually filed as misdemeanors. If, however, the driver is involved in an accident, kills or injures a person, or is arrested for a fourth DUI, the offense will be charged as a felony.

The penalties for misdemeanor DUI and felony DUI vary greatly. Someone being charged with a felony DUI faces a far greater punishment than someone being charged with a misdemeanor DUI.

An experienced Orange County drunk driving defense attorney will first try to determine whether, based on the facts, the charges will be filed as a misdemeanor or felony. If felony charges are filed, a good criminal defense attorney specializing in DUI, will try to get the charges reduced from a felony to a misdemeanor. If the defendant agrees to plead guilty to the lesser charge, the punishment is far less harsh.

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