Tustin DUI Lawyer
Being charged with a DUI does not automatically mean that you are guilty. You still have rights and options in our legal system that are designed to protect you from inaccurate accusations and wrongful convictions. Working directly with an experienced Tustin DUI lawyer can help ensure that you understand your rights and available defenses and can make all the difference in the outcome of your case. The accusation of driving while under the influence is serious.
A skilled DUI defense attorney will be able to help you navigate the legal system and develop a compelling defense that gives you the best chance to avoid or severely reduce the consequences of a DUI conviction. To avoid dealing with the potentially life-changing consequences of a DUI conviction, it is essential that you contact an experienced Tustin DUI lawyer as soon as possible to begin building your defense.
Tustin Criminal Defense for Those Charged With a DUI
At the Law Offices of Christopher J. McCann, we understand the seriousness of a DUI charge and are here to help and guide you through this difficult time. Our team of experienced Tustin DUI lawyers will work diligently to get the best possible outcome for your case. We understand that there are many valid questions you may have, especially if this is your first time being charged with a DUI. That’s why we offer a free,no-judgment consultation to discuss your case and answer any questions you may have. We respect that being charged with a DUI can be a very stressful experience, and we’re here to help you through it.
What Qualifies as a DUI in Orange County?
The act of driving under the influence will have you charged with a misdemeanor in Orange County if you meet any of the following criteria:
- You have visibility been caught using alcohol, drugs, or both while operating a vehicle
- Your Blood Alcohol Content (BAC) is over the legal limit of .08%
- You have refused to participate in any field sobriety tests
- The car you were driving had an open container of alcohol, and you were visibly caught driving unsafely
Each case is unique, but these general rules will give you a good idea of when you can be charged with a DUI.Sometimes authorities can overstep their bounds or misinterpret signs of impairment. In these cases, it is essential to have an experienced Tustin DUI lawyer who can help you fight the charges and protect your rights.
What Happens If I Get Charged With a DUI?
If you are charged with a DUI, you will be taken into custody and brought to any Orange County jail. You can be released on your own recognizance, or you may have to post bail. After you are released, you will be given a date for your first court appearance. At this appearance, you could be formally charged with a DUI and will have the opportunity to enter a plea for the alleged crime. This is your moment to decide if you want to plead guilty, not guilty, or no contest. If you plead guilty, the judge will then sentence you according to the law. If you plead not guilty, the judge will set a date for your trial. And if you plead no contest, the outcome will be the same as if you had to plead guilty in most cases.
You may also be required to appear at an administrative hearing with the California DMV. This hearing aims to determine if your driver’s license will be suspended or revoked. The hearing is typically held within 30 days of your arrest, and you are allowed to have an attorney represent you.
This is a simplified explanation of the process, but it should give you a general idea of what to expect if you are charged with a DUI. However, working directly with an Orange County DUI lawyer will give you the opportunity to fully strategize and plan your actions to get the best possible outcome for your case and exactly what to expect each step.
What Are the Possible Penalties For a DUI?
The penalties you may face if convicted of a DUI will vary depending on several factors, such as your age, prior convictions, and Blood Alcohol Content. However, some of the most common penalties you may face include:
- Fines: You may be ordered to pay various fines, depending on the severity of your charge. The fines are often lighter for first-time offenders and will dramatically increase for each additional offense.
- Jail Time: You may be sentenced to spend time in jail, ranging from a few days to a few years. The amount of jail time you face will be based on the severity of your charge and any prior convictions.
- License Suspension: Your driver’s license will likely be suspended for a period of time, typically ranging from six months to four years. This suspension will start immediately after your arrest and will last even if you are ultimately cleared of the charges against you.
- Community Service: You may be sentenced to perform a certain number of hours of community service. This could involve cleaning up public areas, working in a soup kitchen, or any other number of activities. This order is seen as an opportunity to make up for your wrongs in the community and is often given to first-time offenders.
- Probation: You may be placed on a form of probation for a period of time, typically ranging from one to five years. During this time, you will be required to adhere to certain conditions set forth by the court. These could include maintaining employment, attending DUI school, and not committing any further offenses.
- Ignition Interlock Device: You may be required to install an ignition interlock device in your vehicle. This prevents your vehicle from starting if the device detects alcohol on your breath. You will be required to blow into the device each time you wish to start your car, and you will be required to blow into the device while you are driving periodically.
- Vehicle Impoundment: Your vehicle may be impounded and kept by the police for a certain period. The logic behind this punishment is that you will not be able to drive while your car is impounded, keeping the roads safer for everyone while you are held accountable. It will also serve as a deterrent for future offenses, as not being able to use a car can be a major inconvenience.
These are some of the most common penalties you may face if convicted of a DUI. However, these are not locked in stone just based on an accusation. These punishments can be reduced or eliminated entirely if you work with Orange County DUI attorneys to build a strong defense and prove your innocence.
What Are Some Possible Defenses to a DUI Charge?
There are many legitimate possible defenses to a DUI charge, and the best defense will depend on your case’s specific facts and circumstances on the alleged crimes. Some of the most commonly applied defenses to a DUI include:
- The arresting officer did not have probable cause to stop you: The police must have a valid reason for pulling you over before they can administer a breath test or arrest you for DUI. If the officer did not have a valid reason, your lawyer may be able to get the evidence against you thrown out.
- The breath test was administered improperly: If the breath test was not conducted properly, your lawyer may be able to have the results thrown out. This could include arguments that the machine was not properly calibrated or that you were not given a valid chance to provide a breath sample.
- The evidence against you was obtained illegally: If the police obtained evidence against you in an illegal manner, your lawyer may be able to have it thrown out. This could include arguments that the police violated your rights during the stop or obtained the evidence through an illegal search and seizure.
These are just some of the possible defenses to a DUI charge. An experienced DUI lawyer will be able to review the facts of your case and determine which defenses may be applicable.
Is It Worth Getting a DUI Lawyer in California?
A Tustin DUI defense attorney can be a valuable asset in any DUI case and can prove their value in many ways, such as:
- Help you to understand what charges are against you and advise the best way to approach your case.
- Investigate the detailed facts of your case and look for any potential defenses that may apply.
- Negotiate with the prosecutor in court on your behalf to try to get the charges against you reduced or dismissed.
- Represent you directly in court and fight for the best possible outcome in your case.
- Listen to your side of the story and provide compassionate legal services when it can feel like the rest of the world is judging you.
Contact The Law Offices of Christopher J. McCann Today for a Tustin DUI Attorney
At The Law Offices of Christopher J. McCann, we believe that everyone deserves a vigorous defense, and we will work hard to ensure that your rights are protected. If you are someone who has been charged with a DUI, contact us for a consultation. Contact us today to begin the process of crafting your defense.