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The California State Senate is one step closer to approving a bill that would allow people convicted of driving under the influence and other misdemeanor offenses, to reduce their jail time. Specifically, it would allow the Sheriff’s Department to give credit against jail sentences for participating in educational, vocational, substance abuse or parenting programs. This would be an alternative to the current manual labor work release program. The Bill would apply mainly to those offenses that are eligible for jail sentences.

The purpose of the bill is to offer incentive to people who have been convicted of less serious misdemeanors, to make an effort to fully integrate into the general society. Most individuals arrested for DUI or Drunk Driving are employed and have families that depend on them. If convicted of Driving Under the Influence and sentenced to serve time in jail, this can be an enormous burden on one’s family and can jeopardize the job that provides the income for the family.

If you have been convicted of a DUI in Orange County, there are options for alternative sentencing. A skilled criminal defense attorney 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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California Vehicle Code 23152(a) makes it illegal to drive under the influence of alcohol or drugs. As an Orange County DUI Defense Attorney, practicing criminal defense law in Orange County, California for 20 years, I have seen countless situations where people are surprised to learn that they can be arrested and charged with DUI on drugs, even if the drug is a prescription drug prescribed to them by their doctor.

When it comes to driving, California law defines “drugs” as any substance other than alcohol that could affect your nervous system, brain or muscles. You are considered “driving under the influence of drugs” when those drugs impair you to the point that you can no longer drive like a sober person under similar circumstances.

Driving under the influence of drugs is investigated and prosecuted differently than driving under the influence of alcohol. In most cases, the stop and roadside investigation is conducted by a drug recognition expert “DRE”, who has been trained to identify drug impairment. Unlike DUI involving alcohol, which specifically makes it illegal to drive with a blood alcohol level of .08 or greater, there is no specific number that identifies excessive blood toxicity in a DUI of drugs. For this reason, DUI of drugs is a bit more difficult for the prosecution to prove.

Some defenses that should be considered by a good DUI of drugs defense attorney are: 1) Just because you had drugs in your system does not necessarily mean that you were “under the influence”; 2) there are physical conditions that can be mistaken as the symptoms of drug impairment; and 3) failure to comply with California’s Title 17 procedures, which deals with collection, storage and/or analysis of blood or urine samples.

DUI of drugs is a misdemeanor but can be charged as a felony under certain circumstances such as it being your fourth DUI offense, any prior felony DUI convictions, or your DUI causes an accident that causes injuries to a third party.

The penalties for driving under the influence of drugs are much the same as in DUI involving alcohol. A conviction for DUI can carry long lasting effects on a person’s life and for that reason, 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.

Anyone who has been arrested for 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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Orange County cities have the highest number of crashes involving underage drinkers in California. Laguna Hills had the highest rate among very small cities and Fullerton had the worst rate among mid-sized cities. Buena Park came in at number 5 and Anaheim had the second-highest rate among the state’s biggest cities. As an Orange County DUI Defense Attorney with 20 years of experience, I have seen enforcement agencies become more and more aggressive when it comes to underage drinking and driving.

Some attribute the high underage alcohol related crashes to the beach towns as well as the college towns in Orange County. A college town might have a higher number of underage drinkers, which is what Fullerton has suggested is the explanation for it’s high rates.

In Orange County California, being under 21 and driving with a blood alcohol of 0.01% or greater subjects you to the penalties under California’s “Zero Tolerance Law”. This means that even if you have only one drink, you may be found guilty of the offense. You do not need to be found to be “under the influence”, only that you consumed some measure of alcohol. Penalties for a minor being convicted of DUI vary according to the circumstances. Violating California Vehicle Code 23140 is an infraction and therefore not filed as a misdemeanor or felony. However, certain circumstances can cause the punishment to be more severe. Possible sentences include three to five years of informal probation; $390.00 to $1,000.00 in fines; up to one year in county jail; mandatory court-appointed alcohol class; and a six month driver’s license suspension.

The Department of Motor Vehicles has it’s own punishments/consequences for minor’s drinking and driving. If a minor violates the Zero Tolerance Law he or she will lose their driver’s license for one year, be required to attend and complete a minimum three month alcohol program; and possibly be ordered to participate in a “Youthful Drunk Driving Violation Program”. Participation in this program includes a visit to an E.R., the coroner’s office or a chemical dependency recovery center.

If your son or daughter has been charged with Underage DUI, or any other juvenile offense, it is important that you seek the advise of an experienced Juvenile Criminal Defense Attorney. The rules are different in juvenile court. As an example, in juvenile court, there is no bail and no right to a jury trial. The procedures are different. At the first hearing, the court will decide whether your child will go home with you or whether he/she will stay in custody until the next court date. Having an experienced juvenile defense attorney at the first court hearing may make the difference. A good juvenile defense attorney will gather positive information about your son or daughter’s background. Report cards, achievement awards, sports awards and accomplishments can help when speaking with the District Attorney and Judge.

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According to the state’s Office of Traffic Safety, Orange County cities have the highest number of alcohol related accidents than any other in the State of California. As an experienced Criminal Defense Attorney practicing in Orange County for 20 years, I have watched Orange County police agencies become more and more aggressive when it comes to driving under the influence. However, despite the thousands of dollars spent each year on DUI checkpoints and police patrols, the numbers continue to climb. Some attribute this to summer beach crowds and the beach bars that service them.

Newport Beach and the city of Orange had the state’s highest rate of crashes involving alcohol, when compared to other California cities their size. Huntington Beach has one of the highest DUI arrest rates in the state for its size. Santa Ana has the third highest rates of among California’s biggest cities, despite twice-a-month DUI checkpoints, with Costa Mesa ranked number 4 of the worst among mid-sized cites.

Because of the high rate of alcohol related driving arrests in Orange County, I have become extremely familiar with the rules, laws and requirements each officer must follow when it comes to DUI arrests. I have consequently become familiar with the mistakes that officers make and/or their lack of knowledge or interest in following the strict guidelines associated with stopping, detaining and arresting someone for DUI.

Police officers must have “reasonable suspicion” to pull over a person. Reasonable suspicion that a crime has been or is about to be committed is all that is necessary. However, having been a DUI Defense Lawyer in Orange County for many years has shown me that most stops are based on probable cause such as simple traffic violations and/or reckless driving. If an officer suspects a person is driving under the influence, but the person has not violated any traffic violation, the police officer must have a “reasonable suspicion” before the driver can be pulled over.

When a police officer pulls someone over and suspects that the driver is intoxicated or under the influence, the officer may then administer field sobriety tests. What most people don’t know is that the roadside, hand-held breathalyzer, the Preliminary Alcohol Screening (PAS) test is considered a field sobriety test and is used to assist the officer in deciding whether or not to arrest the driver for DUI. It is not required that anyone submit to this roadside PAS tests and therefore may be refused without consequences. If however, the officer determines that the driver was driving while intoxicated, and arrests the driver, the driver is then required, under the Implied Consent Law, to submit to a chemical test of their blood or breath. Urine tests are typically only given when there is reason to believe that the driver is under the influence of drugs and alcohol. If, after arrested, the driver refuses to submit to a chemical test, this is a refusal and is subject to strict consequences with both the DMV and the Courts.

There are many things that should be taken into consideration when a person performs poorly on a field sobriety test. A number of things can affect a person’s performance when being asked to perform a roadside field sobriety test. First, anyone who is pulled over by a police officer, especially late at night, typically is nervous. When asked to perform a field sobriety test, the natural instinct of a person is that they must perform perfectly or they will be arrested for DUI or DWI, even if neither is the actual fact.

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. There are many factors, other than alcohol, that can affect the way a person performs on FSTs. Here is a list of such factors:

– weather
– poor lighting
– uneven surface conditions
– the distraction of traffic, lights and spectators
– the type of footwear being worn
– fatigue
– weight, age, physical condition and natural coordination
– nerves
– intimidation
– the officer’s instructions
– illness, and/or
– injury
Any or all of these factors can affect a person’s performance of an FST exercise. However, these tests are still considered reliable. An experienced DUI defense lawyer should still challenge the manner in which the tests were administered, the bias of the DUI officers and the fact there are a number of situations that can explain a person’s poor performance. Officers rarely, if at all, take the time to consider the factors listed above.

Anyone who has been arrested for DUI in Orange County, California, 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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Officials with the California Office of Traffic Safety said 30% of drivers killed in car accidents in 2010 tested positive for legal and/or illegal drugs. So, while the number of alcohol related driving deaths is on the decline, the number of drugged and driving related accidents has increased. As an experienced DUI Defense Attorney, I can say that Orange County California Courts are among the strictest in the State when it comes to Driving Under the Influence.

The Office of Traffic Safety, along with the California Highway Patrol have teamed up in an effort to teach officers how to better spot drugged drivers and arrest them. Police departments across the state are also being urged to send officers to get special training on the issue and become Drug Recognition Experts.

According to the CHP Commissioner, training law enforcement will be the key to successfully removing drug-impaired drivers from the road.

It is clear that law enforcement is becoming more aggressive in their efforts to remove impaired drivers from the road. Along with the Orange County, CA, DUI Task Forces and Roving Saturation Patrols, it is only a matter of time before there will be special teams designated to recognize and arrest “drugged drivers”.

A conviction of DUI carries severe and long lasting effects on a person’s life. An experienced DUI defense attorney can help to minimize the consequences of being arrested and charged with driving under the influence.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DU conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced criminal defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor. A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

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A 22-year-old Irvine, California man has been sentenced to 8 years in Prison after pleading guilty in Orange County Superior Court to Gross Vehicular Manslaughter While Intoxicated. As an Orange County DUI Defense Attorney, I have represented hundreds of people arrested for DUI, but DUI with injuries and/or death are the most difficult due to the sentence enhancement exposure someone faces when charged with this crime.

In this particular case, this young man was racing along a curvy street, lost control of his car and slammed into a cement wall. The impact killed two passengers in his car and seriously injured the other two passengers. Two hours after the crash, he tested positive for alcohol and methamphetamine.

The sentencing enhancements in this case included one count of multiple victim enhanced penalty and two counts of great bodily injury inflicted on another person, in the commission of a felony.

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.

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 man was found drunk and unresponsive in his car in the Las Floras area of Orange County. The car was parked and the engine turned off.

California law is very strict when it comes to driving under the influence. To prove that a person is guilty of DUI in Orange County, and California in general, the prosecution must prove that the defendant drove a vehicle and that he/she was under the influence of alcohol or drugs when he/she drove.

The law makes it pretty clear what constitutes “under the influence”, but what about “driving” under the influence. The law defines driver and driving as follows: “A driver is a person who drives or is in actual physical control of a vehicle; and “A person drives a vehicle when he or she intentionally causes it to move by exercising actual physical control over it. The person must cause the vehicle to move, but the movement may be slight.”

In the situation here, where the man is found slumped over and unresponsive in his car, will or can he be found guilty of driving under the influence as it applies to Vehicle Code Section 23152(a) and 23152(b). In the well established case of Mercer v. Department of Motor Vehicles the Supreme Court upheld “decades of case law” holding that the word “drive” when used in a drunk driving statute, requires evidence of a defendant’s volitional movement of a vehicle. They further go on to say that the everyday usage of the phrase “to drive a vehicle,” is understood to mean movement of a vehicle.

However, there are exceptions. If an intoxicated person is stopped near or at an accident scene, or when a vehicle is found protruding into the street. Further, if the driver is seen driving by witnesses prior to being stopped. In these situations, the officer has reasonable cause to believe that the occupant of the stopped car was driving while intoxicated and can then be arrested.

In the Mercer case, the Superior court issued a writ of mandate directing the Department of Motor Vehicles to set aside its order revoking Mercer’s driving privilege. The Superior Court held that Mercer had not been lawfully arrested because Mercer was legally parked next to a curb and the arresting officer had not observed volitional movement of the vehicle. Several Courts have held that observed volitional movement of a vehicle is required before a person’s driving privilege may be suspended or revolked.

In the Mercer case, the DMV appealed the Superior Court’s order and the Court of Appeal reversed and directed the Superior Court to reinstate the revocation order. The Supreme Court then granted review and upheld the Superior Court’s order for Writ of Mandate, directing the DMV to once again set aside it’s order revoking Mercer’s driving privilege.

Anyone who has been arrested for driving under the influence should seek immediate assistance from an experienced DUI Defense Attorney who also has experience in dealing with the Department of Motor Vehicles.

Police Officers must follow procedures when detaining, questioning and arresting someone on suspicion of driving under the influence. It is the job of an aggressive criminal defense attorney to look for mistakes or misconduct when it comes to the actions of a police officer in making an arrest.

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Police officers must have “reasonable suspicion” to pull over a person. Reasonable suspicion that a crime has been or is about to be committed is all that is necessary. However, having been a DUI Defense Lawyer in Orange County for many years has shown me that most stops are based on probable cause such as simple traffic violations and/or reckless driving. If an officer suspects a person is driving under the influence, but the person has not violated any traffic violation, the police officer must have a “reasonable suspicion” before the driver can be pulled over.

Once an officer has pulled an individual over, the officer may ask the individual to step out of the vehicle. If the officer based the stop on reasonable suspicion, he may detain the driver only long enough to confirm or dispel the officer’s suspicions. If the stop was based on probable cause, the officer may conduct a more thorough investigation.

A recent Supreme Court decision has upheld the lower standard of “reasonable suspicion” in State vs. Starkey. In that case, Starkey was arrested for driving under the influence of alcohol. The stop was based on the officer’s observation/opinion that Starkey was attempting to avoid the police patrol car. Starkey’s attorney filed a motion to suppress the evidence on the grounds that the officer lacked reasonable suspicion to stop Starkey. The circuit court granted Starkey’s motion and suppressed the evidence. However, the Supreme Court then reversed the circuit court’s decision and remanded the case for further proceedings.

In the Starkey case, the officer observed Starkey stopping and waiting until the officer was ahead and then turning. The Officer then turned and followed Starkey. Starkey made several attempts to avoid the officer and ended up going in a circle at which time the officer pulled Starkey over. The Supreme Court ruled that Starkey’s actions warranted “reasonable suspicion”. It is important to note that none of Starkey’s actions were illegal. The sole basis for the stop was the police officer’s suspicion. In my view, this is clearly a case in which an appeal was warranted and the Supreme Court’s reasoning for it’s decision to uphold the “reasonable suspicion” stop was weak at best.

Anyone who has been arrested for driving under the influence needs an experienced criminal defense attorney, specializing in DUI, who is familiar with the law as it relates to police officers and their duty to follow the law when it comes to stops and detention. A police officer that makes a mistake or fails to show “reasonable suspicion” can result in a charge of DUI being dismissed.

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The Orange County CHP reported making 70 arrests for drunk driving this New Year’s. That number is up significantly from 2011, which reported only 36. As a DUI Defense Attorney practicing in Irvine, California, my experience working with all of the courts in Orange County has shown me that Orange County is one of the strictest when it comes to drinking and driving.

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.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment.

A conviction for DUI can carry long lasting effects on a person’s life and for that reason, 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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Driving Under the Influence or DUI is considered a serious offense in California and the Prosecution pursues the penalties and punishments seriously. Recent statistics have shown that there are approximately 13,000 DUI arrests in Orange County alone.


A conviction for DUI can carry long lasting effects on a person’s life and for that reason, 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.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI’s can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a “wobbler” charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced criminal defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor. A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.

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