California DUI law provides for enhanced penalties for defendants who drive under the influence with a child under the age of fourteen in the car.
Child Endangerment – Increased penalties are imposed where there is a minor passenger in the vehicle at the time of the drunk driving in Orange County CA. In California, this is defined as an individual under the age of 14. This DUI with child endangerment sentence enhancement consists of additional mandatory jail time (on top of standard California DUI penalties).
This chart shows your potential jail time for each offense charged with a DUI, with a minor present.
1st offense – 48 hours in jail
2nd offense – 10 days in jail
3rd offense – 30 days in jail
4th offense – 90 days in jail (Charged with misdemeanor DUI)
Drunk Driving penalties in California are set forth by statute and can be incredibly complex. The range of possible sentences is determined by the basic statute, with sentence DUI enhancements for such things as:
If you or someone you love has been arrested on suspicion of drunk driving in Orange County CA, speak with our DUI lawyer about your DUI case immediately. When your future is on the line, you need a qualified DUI attorney to represent you. At the Law Offices of Sue Sahami, located at Santa Ana CA, we are passionate about defending our clients. We understand that you may be facing many fears, challenges, and unknowns. Our goal is to help you achieve peace of mind while providing the tough legal defense you need to eliminate your concerns in the long term. Call (714) 619-9349 today to schedule your free consultation. With over 20 years of experience and Board Certified Expert in DUI charges, Sohalia Sahami knows her way around the toughest cases and is always there for you as her client. The Law Offices of Sue Sahami helps in protecting the rights of her clients charged with DUI.Read More
Sobriety Checkpoints or DUI Checkpoints in Orange County CA are the brief detention developed by police for the purpose of investigating and evaluating passing motorists for drunk driving. These roadblocks on public roadways do not only give the police the chance to check tags and licenses or peer into the vehicle for a moment, they also give them an opportunity to whiff the driver’s breath. It is determined by a policy-making official with logical reasons. The roadblocks may use drug-sniffing dogs on certain occasions. It is essential to understand that a driver’s legal rights are limited when he or she is arrested as a result of a sniffing dog – no need to waive your rights.
Once you are stopped at the DUI Checkpoints in Orange County CA, the officers will ask you to roll down your window to speak with you. They will ask you for your driver’s license, registration, and proof of car insurance. They will also ask where you are coming from or where are you heading now.
If the police officers suspect that you have been drinking, they may ask you whether you have been drinking tonight. The officers will also begin to look for signs of intoxication. These signs include:
If you display any of these symptoms, the police officers may give you a quick breathalyzer test. If the police do not have a breathalyzer with them, they will ask you to move your vehicle to the side and step out of the vehicle to give a roadside DUI test.
During the DUI tests at the DUI Checkpoints in Orange County CA, you can run afoul of several laws:
If none of these apply, you will be allowed to go. Normally, this only takes a minute or two—often just seconds.
Under California’s implied consent rule, as a driver, you must submit to a chemical test after you have been arrested on suspicion of a DUI. The key word is “after.” Therefore, when you happen upon a checkpoint and the officer requests that you to take a Preliminary Alcohol Screening (PAS) test you can legally refuse.
Sometimes police will use tests to evaluate whether you’re under the influence of drugs or alcohol at the DUI Checkpoints in Orange County CA. If you have not yet been arrested, you do not have to submit to these tests (but refusing may seem suspicious). If you have been arrested for DUI, you are required to submit to the test. Refusing to do so is a crime in its own right.
There are three kinds of tests:
Under the Fourth Amendment to the United States Constitution, it is “the right of the people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures”. Further, the Fourth Amendment states that this right “shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation. . . . ”
In the eleven states which have determined that drunk driving checkpoints intrude upon a person’s Fourth Amendment rights, it has been found that the checkpoints are a warrantless and suspiciousness search without probable cause.
While the act of simply turning away at a DUI checkpoint will not in and of itself gives a police officer the reasonable suspicion required to make a DUI stop, the officer may be able to stop you if he observes any driving behavior that would be sufficient for reasonable suspicion.
Getting stopped at the DUI Checkpoints in Orange County CA is Not the End.
Want to find out if your DWI/DUI arrest was legal? Call Sohalia Sahami, a qualified Orange County DWI/DUI Defense Attorney for over 30 years experience to review your case for your DUI, —and get a FREE consultation today. The Law Offices of Sohalia Sahami helps in protecting the rights of its clients charged with DUI cases.
Have you been arrested for DUI (driving under the influence) in Orange County, California? If so, you need a competent Orange County DUI defense attorney at your side to defend your Constitutional rights and assist you in avoiding a criminal conviction and the suspension of your driver’s license. Sohalia Sahami is a premier DUI defense attorney in Santa Ana CA, dedicated to providing aggressive and personalized legal counsel to clients throughout all of Orange County CA who have been arrested for drunk driving offenses of all kinds, ranging from first time DUI offenses all the way to felony DUI or vehicular manslaughter.
All 50 states have now set 0.08% blood alcohol concentration (BAC) as the legal limit for driving under the influence (DUI) or driving while impaired (DWI). For commercial drivers, a BAC of 0.04% can result in a DWI or DUI conviction nationwide. For those under 21 years of age, there is a zero tolerance limit. Even the smallest amount of alcohol is grounds for a DWI or DUI arrest.
Should you ever find yourself faced with a DWI or DUI arrest? Your first step should be to hire the services of an experienced DWI or DUI defense attorney. Being convicted of DUI can also impact your life in many ways you may not be aware of, including loss of employment, prevention of employment in certain jobs, higher insurance rates, serious financial setbacks, personal and family embarrassment, and having that conviction on your driving records for years, if not forever.
The DUI penalties in Orange County, California may vary depending upon a number of particular circumstances. However, sentencing and penalties for DUI (DUI Punishment) in California are listed below as found in the California Vehicle Code Division 11.5:
Understanding your DUI rights during a DUI arrest will provide a number of possible tactics your DUI Defense Attorney may use in the court to help vanquish all charges. The prosecution must prove you were driving the vehicle and operating the vehicle under the influence of drugs or alcohol. The entire sobriety testing done during the arrest is used as evidence against you as well as what the arresting officer observed and put forth in the DUI police report. Here are some possible questions that may be used to help your defense:
Did the officer have probable cause to pull you over and detain you?
Here is a quick step-by-step guide on what you should do after a DUI charge.
Sohalia Sahami attorney at law, with over 20 years of experience in handling DUI cases, is a premier DUI defense attorney in Santa Ana CA, dedicated to providing aggressive and personalized legal counsel to clients throughout all of Orange County CA who have been arrested for drunk driving offenses of all kinds, ranging from first time DUI offenses all the way to felony DUI or vehicular manslaughter.
Missing a court date will only create more trouble for you in the very near future. Dress and act appropriately to avoid giving the judge the wrong impression.
If you are found guilty, you will face numerous fines and penalties. In addition, you may be sentenced to some type of counseling program. If you want to get your license back, you will need to pay all fines and complete all suspensions and/or counseling required.
In all likelihood, your insurance company will have terminated your coverage, or will at least require you to obtain a different policy. After a DUI, you will need an SR-22, which is proof that you are carrying the proper insurance after a DUI. You will also need to apply to have your license reactivated or if it was revoked, redo the initial testing.
In some states, a restricted license and/or first-time violators are required to have an ignition interlock device (IID) installed before being able to operate the vehicle again. The costs of this are your responsibility, as well as any maintenance costs associated with the device.
Your initial consultation with Santa Ana DUI Lawyer Sohalia Sahami is free. We welcome you to call us at 714-619-9349. Don’t accept a plea bargain or submit to questioning without at least first consulting with a lawyer.
We’ve represented numerous clients and provided the best Legal Attorney Services in the areas of criminal law, Theft Crimes, Sex Crimes, Expungement, DUI, Drug Crimes, Domestic Violence, and injury cases. We have the experience that you’re looking for. We’re always willing to work with you on our fees and services. We’re simply here to help you.