What should I do after a DUI arrest?
- Call a local and experienced DUI attorney.
- Do not speak with or give statements to the police or district attorney's office without a lawyer present.
- Ask for a lawyer if you're still on the scene without being combative.
- Call the DMV within 10 days to request your administrative per se hearing or there will be a suspension of your license. We can assist you with setting up the Administrative Per Se hearing at DMV and representing you on that hearing.
- Get SR22 insurance.
Law Office of Wais Azami, OC DUI (VC23152a) Attorney
Wais Azami is an Orange County DUI attorney who routinely defends both misdemeanor DUI charges and felony DUI charge from Garden Grove, California. Mr. Azami's understanding and compassionate nature insures that all evidence (discovery) is viewed with a critical eye to make sure we can maximize your defense for the charge of DUI in California or driving while intoxicated by alcohol or drugs. Our office in Garden Grove is ready to assist you in LA County, Orange County and in the Riverside County against your DUI arrest charges. DUI charges are usually misdemeanor, but they can have devastating consequences for your employment, school or immigration situations. Do not take a chance--hire an experienced DUI lawyer in Orange County to handle your matter.
Garden Grove DUI Lawyer--Call now!
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DUI Charges in California
California Misdemeanor DUI can be charged in different ways via Vehicle Code 23152:
VC 23152(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle
VC 23152(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicl
23152(e) It is unlawful for a person who is under the influence of any drug to drive a vehicle
23152(f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle
In most instances, both VC 23152(a) and (b) will be charged. Even though there is only one act, the law states that a defendant charged with drunk driving can be convicted of both offenses — but can only be punished for one. The punishments are the same.
You should be cognizant of certain legal rights you have — rights which are commonly ignored by the police
- There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
- You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
- Once arrested, you must be advised of your constitutional rights — the "Miranda" warning — before any further questioning takes place.
- You must be given a choice of breath or blood test; if you refuse, you must be advised of the legal consequences (the "implied consent" advisement).
Finding a top Orange County DUI attorney can help you navigate through this ordeal. We have offices in Garden Grove, Santa Ana, and Seal Beach to serve Anaheim, all of OC and Long Beach.
What makes a DUI charge become a felony?
Most DUI's in Orange County, California are charged as misdemeanors. However, you can be charged with a Felony DUI under these circumstances
- Fourth DUI offense in 10 years
- You have a prior felony DUI conviction (regardless of the timeline)
- Your DUI caused an accident resulting in serious injuries
- Your DUI caused someone's death
Such charges are serious and require lengthy jail or prison sentences. As a DUI attorney with offices in Garden Grove and Seal Beach, we can help to lessen the seriousness of the charge.
DUI and Immigrants
Will a DUI cause me to be deported?
While a misdemeanor DUI generally won't cause deportation or removal, being deemed a habitual drunkard can be a cause for such immigration actions. Multiple DUIs can establish one as a drunkard. As a DUI attorney in Orange County working from Garden Grove, we can provide fast and free consultation.
Further, those with DACA status cannot every have a DUI arrest or conviction. DACA is extremely strict. If you are a DACA status, it is imperative to get an attorney for your DUI charge.
What are the defenses for a DUI in California?
Legal defenses to California driving while intoxicated ("DUI") charges fall into three categories
- You weren't actually intoxicated
- Your driving wasn't actually impaired, and/or
- The officer who arrested you for DUI didn't follow proper procedures (two of the biggest procedures is taking too long to conduct DUI testing and not using proper calibrated equipment for breath tests or using proper cleaning supplies for blood draws). A DUI attorney can assist in determine your best defense(s).
DUI Penalties in California
What is the penalty for a DUI?
1st Offense Misdemeanor DUI: Up to 6 months in Jail, $390-1000+ in fines. Possible restitutions. 6 months of Ignition Lock Device (the IID is usually not mandatory for a first-time DUI, but with no IID the DMV would suspend the person's license would be suspended for 4 months; after 30 days, the defendant could get a restricted license allowing him/her to drive to and from work for 5 months). DUI School 3, 6 or 9 months, depending on BAC level. Possible MADD classes (Riverside County for sure
For Second, Third or Fourth DUIs or Felony DUI, please call our office at (714) 321-9999.
Hiring an experienced DUI attorney in Orange County for DUI arrests in Orange County would make the most sense--I see the same judges and DA's routinely. I know their style and temperament. A local DUI attorney would be of much better asset than someone not from the area. Don't let an initial mistake become worse. Call me for a DUI consultation today. You'll be glad you did.