DUI Lawyer in Santa Ana

Driving under the influence (DUI) is a serious crime in California. If you are pulled over under the suspicion of DUI, you could potentially be charged with two separate offenses – driving under the influence of alcohol and driving with a blood alcohol concentration (BAC) of .08% or higher.

Drunk driving charges have the potential to cause significant damage, leading to a criminal history, jail time, loss of driving privileges, and court costs. The Law Office of Sheny Gutierrez has a proven track record of success spanning nearly two decades. Our DUI lawyer in Santa Ana knows how to handle your DUI defense and legal representation in a way that ensures the criminal charges have as little effect on your daily life as possible.

DUI Charges in California

Many people do not realize that you can be charged with DUI even if your BAC is not above the legal limit, which is .08% in California. The California Highway Patrol considers a person under the influence if their physical and mental abilities are so impaired that they cannot operate their vehicle safely. This includes impairment caused by alcohol, illegal drugs, and prescription or over-the-counter medications. In addition, you may also be charged if your BAC is above the legal limit, even if your driving was not impaired.

While .08% is the general limit for BAC, there are scenarios in which the legal limit is lower. Commercial truck drivers, people under the age of 21, and people with prior DUI convictions have different limits. Speak with a DUI defense attorney in Santa Ana for guidance on how California law applies to your DUI case.

Santa Ana DUI Penalties

As with most criminal offenses, repeat convictions result in stricter penalties and punishments. A first-time DUI conviction may result in the following penalties:

A maximum of six months in jail
Three to five years of summary probation
Up to $1,000 in fines
Required participation in an alcohol or drug education class
Installation of an ignition interlock device (IID)

Repeat DUI Offenses

A second DUI conviction within ten years of your first offense can lead to:

Another three to five years of summary probation
Up to one year in jail
Fines of up to $1,000
An IID
Court-approved DUI school

Defendants who are convicted of DUI a third time within ten years will face many of the same consequences as a second offense, plus a longer DUI education program and increased time period for the ignition interlock device. You will be marked as a habitual traffic offender by the Department of Motor Vehicles, and you could be charged with felony DUI.

You may also be charged with a felony DUI if you injure someone else while driving under the influence of drugs or alcohol. Legal consequences for that conviction can result in up to ten years in state prison plus additional consecutive sentences if multiple people were injured or the injuries were severe.

Additional penalties can include fines of up to $5,000, mandatory use of an IID for two to three years, and a strike on your record. In addition, you will be labeled as a felon, which has long-lasting and far-reaching consequences.

You have a legal right to competent representation, and our Orange County DUI attorney has over 15 years of experience helping Santa Ana and Southern California residents get their charges dismissed and defend against your DUI charges.

Santa Ana DUI Lawyers and Your Best DUI Defense

Police officers must have reasonable suspicion to pull you over. Arresting officers need probable cause to arrest you. If either of these two factors are missing in your case, that is the start of a strong defensive strategy against your DUI charge.

When administering field sobriety tests, police officers must provide accurate instructions to you regarding how to complete the tests. Any incorrect instructions or inaccurate scoring can be used by your Santa Ana DUI lawyer to build your case.

There are numerous ways to plant doubt or break down the prosecution’s case. The device used to test your BAC may have been defective, or perhaps you have a medical condition that causes similar symptoms to intoxication.

Breath Analysis Testing in Santa Ana DUIs

You can decline to submit to a breath analysis test after you have been pulled over for suspicion of DUI. For anyone over the age of 21 and not on probation for a prior DUI offense, there are no penalties for refusing this test.

However, just because you decline to take the test, that does not mean the police will let you go. In many cases, drivers suspected of DUI will be arrested, and a breath analysis test will be conducted at the police station. If you refuse the pre-arrest screening, you will likely be required to submit to one later.

Once an arrest is made, you cannot legally refuse to take the chemical test for measuring BAC. Doing so could result in increased penalties and a driver’s license suspension. California has implied consent laws that relate to DUI breath analysis testing, which means that an arrest is a presumption that you consent to the test.

Working with a DUI Lawyer in Santa Ana

A DUI conviction can impact your criminal record, vehicle registration, and driving privilege. Court fees, fines, and increased car insurance premiums can wreak havoc on you financially. Our Santa Ana criminal defense attorney has handled numerous DUI cases in Orange County and is the best choice for legal counsel when drunk driving offenses can lead to a criminal conviction.

Contact The Law Office of Sheny Gutierrez right away to discuss your case and schedule your free consultation.