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Law Office of Sheny Gutierrez, A.P.L.C HomepageLaw Office of Sheny Gutierrez, A.P.L.C

Criminal Defense Lawyers Serving Southern California

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Criminal Defense & Dui Attorney
Serving Southern California
for Over 15 Years

Orange County DUI Lawyers

If you are facing DUI charges in Orange County, you need skilled representation from a trusted defense attorney. You deserve to have a DUI lawyer who will advocate for your best interests and ensure your rights are protected. The penalties for driving under the influence in California can be severe. Don’t risk having your life ruined by a DUI conviction when you can maximize your chance for a favorable outcome with experienced, knowledgeable representation.

The Law Office of Sheny Gutierrez has been helping clients in and around Orange County, CA, for over 15 years. Our in-depth knowledge and targeted experience defending clients against DUI charges means we have the skills you need when fighting a similar offense. We do not use a one-size-fits-all approach; we provide individualized case analysis and will evaluate your case to determine the best legal strategy for your unique circumstances. Contact us today to schedule a free consultation.

How Does a DUI Charge Affect Your Professional License?

Professionals in California often wonder how a DUI charge will affect their careers. Certain professional licenses could be at risk if you are convicted or charged with driving under the influence in Orange County, which is why it is crucial that you work with an attorney who has experience defending professionals in DUI cases.

Contact a DUI lawyer today to discuss your case if you hold a professional license in any of the following careers:

  • Accountant/CPA
  • Medical doctor
  • Nurse
  • Attorney
  • Pharmacist
  • Pilot
  • Realtor
  • Physical therapist
  • Psychologist/counselor
  • Teacher

What to Do After a DUI Arrest in Orange County

Being arrested for driving under the influence can be a frightening and overwhelming experience. Staying calm in this crisis is important, and knowing what to do can help you maintain your composure and make the best choices possible in this difficult scenario.

After a DUI arrest, there are a number of things you should do, some of which have deadlines. For example, you only have 10 days to request a hearing with the DMV to stop your driver’s license from being suspended. This is a separate process from your criminal charges. There is no guarantee that attending a DMV hearing will prevent your license suspension, but if you do not request the hearing, your license will automatically be suspended 30 days after your arrest.

There are also important steps to take in preparation for the various hearings and requirements associated with the DUI charges. Evidence should be gathered and reviewed before your arraignment, which is one of the reasons why having an attorney is vital to the success of your case. Negotiations between your attorney and the prosecutor may take place after the arraignment. If no deal is made, trial preparation will begin; this may include issuing subpoenas and preparing exhibits.

One of the most important steps after a DUI arrest is contacting an attorney with experience defending people charged with driving under the influence. Having experienced representation can make all the difference when faced with potential penalties in a criminal case.

DUI Charges and Penalties: What You Need to Know

In California, DUIs can be charged as misdemeanors or felonies, depending on various factors. First-time arrests are typically misdemeanors and could lead to the following penalties:

  • Four days to six months in county jail
  • Fines of between $390 to $1,000
  • Informal probation
  • DUI education program
  • Driver’s license suspension
  • Required use of an ignition interlock device (IID)

Your defense attorney may be able to have your charge reduced to a wet or dry reckless, which has less harsh penalties than a DUI.

Subsequent arrests and charges for DUI offenses will likely result in steeper penalties. Second and third convictions that occur within 10 years of the first offense are still considered misdemeanors in most situations, but the fourth offense is a wobbler, meaning it can be charged as a misdemeanor or felony. Both third and fourth DUI convictions in California will result in the designation of a habitual traffic offender that lasts for three years.

DUIs that result in injury or death are treated differently than those that cause no physical harm. In these cases, the DUI can be classified as a misdemeanor or felony regardless of how many previous DUIs the defendant has on their record. If charged as a misdemeanor, a DUI causing bodily injury could result in:

  • Up to five years of probation
  • Up to one year in county jail
  • Up to $5,000 in fines
  • Required use of an IID
  • Driver’s license suspension of one year

As a felony, this charge could bring the following penalties:

  • Up to 10 years in state prison
  • Up to six additional years, depending on the severity or number of injuries
  • Up to $5,000 in fines
  • Driver’s license suspension of five years
  • Required use of an IID

If you drove while under the influence and caused someone’s death, you could be facing vehicular manslaughter or DUI murder charges. It is crucial that you contact a DUI attorney in Orange County to protect your rights and help you prepare for your legal case.

Can You Be Arrested for DUI While Taking Prescription Medication?

Alcohol and illegal drugs are not the only substances that can result in a DUI charge in Orange County, CA. Under state law, it is unlawful to drive a vehicle while under the influence of any drug. There is no difference, under the law, between legally prescribed medications and illegal drugs if they impair the driver. There are many medications that can cause side effects that make driving dangerous, such as painkillers and sleeping pills.

Is DUI Arrest Possible for Marijuana Use?

Even though marijuana is legal for use by people 21 or older in California, driving while under the influence of marijuana is illegal. It can be difficult to determine if a driver was under the influence at the time of the traffic stop since marijuana can stay in the bloodstream for over one month. If the officer believes you are under the influence of marijuana when they pull you over, they may charge you with DUI for marijuana.

Do Women Have Unique Physiological Factors That Can Be Used in DUI Defenses?

Women tend to reach higher blood alcohol concentrations (BACs) than men because of their body size, composition, and metabolism. Even when women drink less alcohol, their BACs are often higher than that of a man who drinks the same amount.

Can Medical Conditions Cause Someone to Appear Impaired Without Alcohol or Drugs?

Not only can some legally prescribed medications mimic the effects of alcohol or illegal drugs, but there are also certain medical conditions that can cause someone to appear impaired. Diabetes and hypoglycemia can cause someone to become dizzy or confused, for example. If you have a chronic medical condition or were experiencing an acute health issue at the time of arrest, contact the Law Office of Sheny Gutierrez to discuss how this may impact your DUI case.

How Can an Experienced Orange County DUI Lawyer Challenge Field Sobriety Test Results?

Field sobriety tests are subjective and have the potential to produce inaccurate results due to illness or the surrounding environment at the time of the test. There is a lack of standardization because, even when there are certain protocols in place, police officers sometimes adjust the test or deviate from the standards.

There are no objective measurements or results involved in field sobriety tests. They are based solely on observations made by the officer. Additionally, unrelated factors can heavily influence the results, including the test taker’s physical limitations, the weather, or the general stress of the traffic stop.

Essentially, field sobriety tests do not provide an accurate or reliable measure of impairment. Your Orange County DUI lawyer may be able to challenge the results to give you a better chance at a positive outcome in your case.

Can an Orange County DUI Attorney Dispute Breath Test Results?

Breath tests produce objective scientific data, but that does not mean the results cannot be challenged. Your attorney can explore questions like:

  • Was the equipment working properly at the time of the test?
  • When was the last time the equipment had been calibrated?
  • Did the officer conduct the breath test correctly?

How Can an Orange County DUI Lawyer Help with Interstate Licensing Issues?

Out-of-state residents charged with DUI in Orange County, CA, should be aware that when your driving privileges are suspended in California, you may also be prohibited from driving in your home state. With support and advocacy from an experienced DUI lawyer, you may be able to retain driving privileges outside of California.

Results can never be guaranteed, but the DUI attorney at the Law Office of Sheny Gutierrez does promise to fight tirelessly on your behalf. Our legal team has been helping people charged with DUI in Orange County for over 15 years, and we are a trusted source of legal guidance in southern California. Contact us today to schedule a free consultation.

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    Testimonials

    Sheny is an amazing lawyer, I would definitely recommend him to everyone. His team and him were beyond helpful and professional every step of the way through out the court case. Sheny was very commutative and honest from the start and you could feel he truly wanted to help, which made everything…

    M. Reyes
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    • AddressLaw Office of Sheny Gutierrez, A.P.L.C.
      1604 E 4th St
      Santa Ana, CA 92701
    • PhonePhone:
      714-836-6000
    • EmailEmail:
      sheny@sgutierrezlaw.com
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