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Driving Under the Influence in Anaheim

Thank you for visiting the Anaheim DUI Defense Law Offices of “insert attorney name”.

Is being arrested for driving under the influence overwhelming to you? We understand and we can help you. Our Law office is familiar and knowledgeable with California Drunk Driving Laws. Please take a moment and visit our “Why hire us” page to see what separates us from the other DUI Defense attorneys in and around Anaheim.

Anaheim Drunk Driving Overview

  • Driving under the influence (DUI) is the act of driving a motor vehicle, bicycle, boat or even a horse in some jurisdictions after consuming alcohol or drugs to the extent of impairing mental and motor skills.
  • It is the most commonly committed crime in the United States since there are more cars on the roads than ever before.
  • According to the FBI, California leads the nation in DUI arrests – many of which were under 18 years old.
  • The California Vehicle Code states that “it is unlawful for any person who is under the influence of any alcoholic beverage or drug to drive a vehicle”.
  • Every year, thousands of people are killed by drunk drivers who get behind the wheel.
  • Hit and Run plus DUI = a very serious crime.
  • A conviction will result in a criminal record – stays with you the rest of your life.

Arrested for a DUI in Anaheim

You will face two separate cases:

  • Criminal Case – The Anaheim City Attorney will prosecute your case.
  • DMV Case – To discuss the suspension or restriction of your driver’s license.
    • You have 10 days to contact the Department of Motor Vehicles to schedule an administrative hearing.
    • The hearing will discuss your breath and/or blood test – if you took one.
    • DMV Administrative Per Se Hearing held at:
      The Irvine Driver Safety Office
      16735 Von Karman Avenue, Suite 110
      Irvine, CA 92606
      Monday, Tuesday, Thursday, and Friday: 8:00a.m. - 5:00p.m.
      Wednesday: 9:00a.m. – 5:00p.m.
      Telephone: 949-440-4416

Anaheim DUI Courthouse

North Justice Center
1275 North Berkeley Avenue
Fullerton, CA 92832
Telephone: 714-773-4555

Was Your Arrest Legal?

  • The most common situation that leads to a drunk driving arrest is:
    • A police officer who observes you driving erratically will pull you over and check for alcohol on your breath or drugs.
    • He will ask for your driver’s license and registration and then ask if you have been drinking.
    • If so, you will be asked to step out of the car in order for him to administer field sobriety tests, such as:
      • Walking a straight line heel-to-toe
      • Tipping your head back and touching your nose
      • Reciting the alphabet
      • Standing on one leg for 30 seconds
      • Give you a breathalyzer
      • Take you to the police station for a blood or urine test:
        • A breath, blood or urine test is given to determine if there is a blood alcohol content of 0.08% or more (lower for minors).
        • Law enforcement can also arrest an offender for being impaired when their BAC is lower than 0.08%.
    • If a blood, breath or urine test is refused at the time of arrest and it’s your first offense, your license will be suspended for one year.
    • A second offense within 10 years will result in a suspension of two years.
    • A third within 10 years will result in a three-year suspension.

Anaheim Drunk Driving Law Requires

  • The arresting officer must immediately forward a copy of the completed suspension notice or revocation form and your driver’s license (with a sworn report) to the DMV.
  • The DMV will conduct a review of:
    • The officer's report
    • The suspension or revocation order
    • Test results
  • If this happened to you, request a hearing to contest the suspension or revocation within 10 days of receipt.
  • You will be notified by the DMV in writing only if the suspension or revocation is set aside following the review.
  • If the officer issues an Order of Suspension or temporary license, you may drive for 30 days from the date issued providing your driver’s license has not expired.

Penalties for a DUI in Anaheim

  • Every year, DUI laws and penalties become more severe.
  • The laws no longer consist of just a warning or an escorted police trip home.
  • In some cases, the laws can be more extreme than in a felony case.
  • Your car insurance rates will increase – you are now in a high-risk category.

A criminal conviction can be placed on your record for life.

• First Offense: • Jail: 48 hours to 6 months • Fines: $1,400 to $1,800 (includes court fees) • Community Service: 45 days • Driver’s license suspension: up to 6 months • Probation: up to 5 years • DUI School: 3-9 months

• Second Offense: • Jail: 96 hours to 1 year in county jail • Fines: up to $2,800 (includes court fees) • Community Service: 90 days • Driver’s license suspension: up to 2 years • Probation: up to 5 years • DUI School: 18 months • Installation of ignition interlock device

Zero Tolerance Law • Applies to minors – a person under 21 years old. • Blood alcohol content of .02% or higher. • If between .01% and .05% - will be charged as a civil violation • If more than .05% - charged with a criminal offense • You can be charged as an adult in some cases.

Conclusion A DUI is a serious offense and if you have been charged with it, you need to seek legal help immediately. Call the DUI Defense Law Offices of “insert attorney name” in Anaheim. Using a qualified DUI attorney can be very beneficial to your case.

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