Huntington Beach DUI Lawyer & Law Firm
Huntington Beach DUI attorney Jacqueline Goodman of The Law Office of Jacqueline Goodman has over 20 years of experience successfully representing Californians accused of various crimes. Her comprehensive and dedicated approach to legal representation has earned her a proven track record with cases and a 10 Superb Rating on AVVO. Her tenacity and strength will give you the best possible outcome, given the circumstances of your case.
DUI Process
- The arrest: Most DUI arrests occur after being pulled over. During this step, the officer will administer a chemical test and replace your license with a pink temporary driver’s license.
- DMV hearing: The DMV is one of the two agencies you’ll deal with during a DUI. You have 10 days to file a hearing request with the DMV; the hearing is the only opportunity to halt the administrative suspension of your license.
- Pre-trial: Most DUI cases stop during this step, as they’re resolved before trial. The prosecutor must reveal their evidence to your attorney; it is then possible to try to lower the charges.
- Trial: There may be some instances when continuing to trial is the recommended option. Reliance on a court trial can be risky, so choosing a law firm with a winning reputation is important.
Sometimes Bad Things Happen to Good People
You Need Jacqueline On Your Side
I am committed to providing my clients with the trusted counsel and aggressive defense they deserve. I believe in redh3ption and helping people get second chances. I devote a significant portion of my practice to criminal justice reform and I have provided pro bono representation in impact litigation to change the laws to benefit every Californian.
No one is perfect, and everyone has flaws. A mistake should not define you, and our Orange County criminal defense attorney is ready to fight to protect your future, no matter the charges. Attorney Jacqueline Goodman is here to get you out of this difficult situation and put you back in the position you were in before your trouble started!
Potential Penalties from a DUI
As discussed previously, California DUI penalties differ depending on how many DUI convictions you have in the 10 years before the current charges.
First Offense DUI Potential Penalties
- Jail for up to six months
- Fees and fines up to $3,600
- Administrative per se license suspension, four months or longer
- DUI school for three months
- Installation of an ignition interlock device in your vehicle (potential)
- Probation lasting three to five years
Second Offense DUI Potential Penalties
- Jail for up to a year
- Fees and fines up to $4,000
- Administrative per se license suspension, up to two years
- DUI school for 18 or 30 months
- Installation of an ignition interlock device in your vehicle (mandatory)
- Probation lasting three to five years
Third Offense DUI Potential Penalties
- Jail for up to a year or state prison for 16 months
- Fees and fines up to $18,000
- Administrative per se license suspension, up to three years
- DUI school for 30 months
- Installation of an ignition interlock device in your vehicle (mandatory)
- Probation lasting three to five years
Fourth Offense DUI Potential Penalties
- DUI school for 30 months
- Charge tried as a felony
- Probation lasting three to five years
- State prison for up to 16 months
- Administrative per se license suspension, up to four years with a potential for permanent suspension
- Installation of an ignition interlock device in your vehicle (mandatory)
As the number of convictions increases, the prosecution and judge in your case will have less patience for your actions and therefore be less lenient. Therefore, although the support of an attorney is important throughout the entire process, it becomes increasingly more important as your number of DUI convictions increases.
What Constitutes a DUI in California?
Alcohol can impair your judgment and reduce your ability to safely operate a motor vehicle. Because of this, California restricts your ability to use motor vehicles while under the influence of excessive amounts of alcohol. They determine this by testing your blood alcohol concentration (BAC). You cannot operate a vehicle with a:
- BAC of 0.08% or higher if 21 years old or older.
- BAC of 0.01% or higher if under 21 years old.
- BAC of 0.01% if currently under a DUI probation.
There are even stricter regulations for commercial vehicles. For example, a BAC of 0.04% and higher is illegal for a driver in a vehicle that requires a commercial driver’s license to operate and in a vehicle that has a passenger for hire present at the time of the offense.
California’s driving under the influence laws do not just apply to drunk driving; they also apply to any drug that can impair your driving ability. Illegal drugs fall into this category, but some prescription and over-the-counter medications are also included. For example, any medication that causes you to experience drowsiness or the inability to concentrate on the road is illegal to use while driving; therefore, it is important to understand how a medication will affect you before you operate a vehicle. In addition, a police officer can legally require you to take a urine or blood test if they suspect you are under the influence of drugs.
Grounds for a DUI Case Dismissal
There are potential avenues for DUI case dismissal in Orange County, California, but it is a complex method to attempt.
- Improper procedure: Your case can be dismissed if the arresting officers and other police involved in the arrest did not follow proper procedures.
- Inaccurate chemical test: Mistakes can happen during the test processes that could negate the charges. Conditions such as diabetes and being on a keto diet can also cause ketosis, which can cause inaccurate breathalyzer results.
- Lack of evidence: Police and prosecutors must collect enough evidence to secure a conviction. They must not only prove that you were under the influence of drugs and/or alcohol, but they must also prove you were operating the vehicle while intoxicated.
- Civil rights violation: If you experienced a civil rights infringement during the arrest, it might be possible to have the case dismissed.
The first step to attempting a DUI charge dismissal is speaking with a criminal defense attorney. They can provide insight into the possibility of overturning the case and then create a plan for the attempt. It is important to note that a case dismissal is not the same as being found not guilty. The arrest will still be on your record, and the DMV can still take action to suspend your license.
What Constitutes a DUI in California?
Alcohol can impair your judgment and reduce your ability to safely operate a motor vehicle. Because of this, California restricts your ability to use motor vehicles while under the influence of excessive amounts of alcohol. They determine this by testing your blood alcohol concentration (BAC). You cannot operate a vehicle with a:
- BAC of 0.08% or higher if 21 years old or older.
- BAC of 0.01% or higher if under 21 years old.
- BAC of 0.01% if currently under a DUI probation.
There are even stricter regulations for commercial vehicles. For example, a BAC of 0.04% and higher is illegal for a driver in a vehicle that requires a commercial driver’s license to operate and in a vehicle that has a passenger for hire present at the time of the offense.
California’s driving under the influence laws do not just apply to drunk driving; they also apply to any drug that can impair your driving ability. Illegal drugs fall into this category, but some prescription and over-the-counter medications are also included. For example, any medication that causes you to experience drowsiness or the inability to concentrate on the road is illegal to use while driving; therefore, it is important to understand how a medication will affect you before you operate a vehicle. In addition, a police officer can legally require you to take a urine or blood test if they suspect you are under the influence of drugs.
