Orange County Drunk Driving

Welcome to our Orange County DUI and Drunk Driving Information page, your source of legal information about driving under the influence laws, DUI penalties, DMV driver's license suspensions, DUI/DWI lawyers, criminal courts, blood-alcohol evidence, car insurance after a DUI, and police investigative procedures in "The OC" - Orange County, California.

DUI charges are the most common criminal charges filed against individuals in the State of California (not including simple traffic tickets, which are technically "criminal" violations). Even for a first offense, the penalties can be serious-including license suspension, fines of almost $2,000, mandatory attendance at State or DMV Approved alcohol programs, and potential jail time. In addition, a DUI conviction stays on your DMV record for at least 7 years, and may result in higher insurance premiums. Furthermore, you may become ineligible for credit, and even lose your employment. If you have prior convictions, stopped for speeding, or had an accident while driving under the influence, the penalties may be far worse.

Police Procedures:
The law requires that an officer have probable cause before you are arrested. Typically, the training for officers as well as caselaw, requires police to establish probable cause by a violation of the law, an accident, and observations of the physical manifestation of intoxication. This is subjective, and many agencies require that Standardized Field Sobriety Tests be given, correctly, and perhaps a field breathalyzer, or PAS machine, to establish alcohol in your blood. Your Miranda warnings, or the "reading of your rights", also require that you be advised or warned before they take testimony from you after arrest.

Your Driver's License and the DMV:
THE DMV REQUIRES THAT YOU ACT WITHIN ONLY TEN DAYS (not business days) from the date of your arrest to protect your driving privileges. It is best, if you are going to retain an attorney, to allow the attorney's office to schedule the DMV hearing for you. Our fee includes this service, and we can schedule a hearing that works with our availability (court and DMV) schedule. For your convenience, if you cannot retain an attorney within 10 days, the phone numbers for all Orange County DMV matters, to do so, is reproduced here:

When you call, advise them that you are retaining an attorney, that you request a stay on your driver's license suspension, and that you will be sending a written request for discovery. They will ask if you request an "in person" or "telephonic" hearing, and we recommend that you set it for an in person, for reasons I am happy to discuss during our consultation. By making this request you ensure that that your driving privilege will not be suspended until your case is heard. At the DMV hearing, a hearing officer will conduct the hearing. His or her function is to prosecute the case and make a final decision based on the evidence presented. Your need to drive or your need for a driver's license for work are not considered relevant and cannot be considered at the hearing. Likewise, you cannot apply for a "hardship" license based upon medical, employment, or education right to drive, unless you are under age 21.

At your hearing, only the following issues will be discussed, by law:
(If you took a blood, breath or urine test)

1. Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
2. Were you placed under lawful arrest?
3. Were you driving a motor vehicle when you had a 0.08% or more by weight of alcohol in your blood or 0.05% or more if under age 21?

Prosecutors:
Orange County Drunk Driving or DUI violations within the city of Anaheim, as well as infraction or municipal code violations within Anaheim, are handled by the Anaheim City Attorney's Office:

Anaheim City Attorney

All other Orange County DUI or criminal cases are handled by the Orange County District Attorney:

Orange County District Attorney

Court Locations and Phone Numbers:
Orange County has five Locations where Orange County DUIs may be prosecuted, depending upon which court had jurisdiction over the location where the arrest took place:

Auto Insurance?
There are two ways insurance companies generally deal with customers convicted of a DUI in Orange County. First, your insurer will likely raise your insurance premiums and label you a high-risk driver if it finds out you've been convicted of DUI. In this case, you'll likely have to file proof of insurance for three years minimum with the California Department of Motor Vehicles (DMV). Your insurance company will have to provide the DMV with an SR-22 form, which removes your license suspension and replaces it with a restriction by providing the California DMV with proof of insurance. An SR-22 also means your insurance company is required to notify the DMV if it cancels your insurance for any reason. Most state laws require persons that DUI convicts to get an SR-22 from their insurers, so you can't hide. In addition, your company may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction, especially if you are currently in a preferred class. Your company will send you a notice stating why you've been canceled, and then you'll have to find another insurer while having a cancellation on your claims history.

Some insurance companies don't offer SR-22 policies, so you may also be non-renewed or canceled because your company can no longer provide what you need.

Insurance Links:

California Department of Insurance
Great link for California insurance questions and facts.

Insurance Information Institute
Excellent Link for insurance questions and facts.

Insurance Institute for Highway Safety
Good link for transportation safety in the USA.

National Association of Insurance Commissioners
Information about insurance commissioner contacts in all states.

A.M. Best Insurance Information Services
The definitive guide to rating insurance companies in the USA.

Insurance Information Network of California
An excellent resource site for general information questions in California.

Law Enforcement Links: