Orange County DUI Attorney

Orange County DUI Defense Attorney Wais Azami

If you have been arrested or cited for driving under the influence in Orange County, the decisions you make immediately after the arrest can affect both your driver’s license and your criminal case.

Attorney Wais Azami represents clients throughout Orange County in DUI cases, including first-time DUI charges, repeat DUI offenses, DUI involving accidents or injuries, drug-related DUI allegations, and cases involving potential immigration consequences.

Mr. Azami regularly handles both the criminal court case and the separate driver’s-license proceedings before the California Department of Motor Vehicles (DMV). His recent DUI work includes obtaining a wet-and-reckless disposition in a 2026 Orange County case involving an alleged .15 BAC and successfully defending a client at an Administrative Per Se (APS) hearing involving a chemical-test refusal.

Every DUI case is different. The facts surrounding the traffic stop, field sobriety testing, chemical testing, arrest, prior convictions, and any accident or injury can substantially affect the available defenses and potential consequences.

What Should I Do After a DUI Arrest?

If you have been arrested for DUI, consider taking the following steps:

• Do not discuss the facts of your case with police, prosecutors, insurance companies, or other parties without first understanding your legal rights.
• Contact a DUI defense attorney as soon as reasonably possible.
• Pay close attention to any paperwork given to you by the arresting agency and the DMV.
• Do not ignore DMV deadlines. A DUI arrest can create a separate administrative driver’s-license case in addition to the criminal case.
• Preserve paperwork, photographs, medical records, receipts, towing documents, and other information relating to the arrest or accident.
• Tell your attorney about any previous DUI convictions, pending criminal cases, probation, professional licenses, immigration status, or other circumstances that could affect the case.

A DUI creates two related but separate legal problems: the criminal case and the DMV license proceeding. Resolving one does not necessarily resolve the other.

What Is an APS Hearing?

An Administrative Per Se (APS) hearing is a DMV proceeding concerning the driver’s license following certain DUI arrests.

The DMV proceeding is separate from the criminal prosecution. Depending on the circumstances, issues at an APS hearing may include whether the officer had lawful grounds for the arrest, whether the person was lawfully arrested, whether a chemical test was properly administered, and whether the applicable statutory requirements were satisfied.

The deadlines associated with an APS proceeding can be short. If you have received a temporary license or other DMV paperwork following a DUI arrest, contact an attorney promptly to determine what deadlines apply to your case.

Attorney Wais Azami represents clients in DUI-related DMV proceedings and can coordinate the DMV matter with the criminal defense strategy when appropriate.

Can I Get My Driver’s License Back After a DUI?

The answer depends on the circumstances of the arrest, the DMV proceeding, your prior DUI history, whether you have been convicted in court, and the applicable California DMV requirements.

Depending on the circumstances, a driver may have options involving:

• An APS hearing;
• A restricted driver’s license;
• An ignition interlock device (IID);
• DUI program enrollment;
• Proof of financial responsibility, including SR-22 insurance; and
• Other DMV requirements.

The criminal court case and DMV case should be evaluated separately. A favorable result in one proceeding does not automatically guarantee a favorable result in the other.

What Happens If I Refused a Chemical Test?

California’s implied-consent laws can create significant consequences when a driver refuses a required chemical test after a lawful DUI arrest.

However, a “refusal” case can involve important factual and legal questions. For example, an attorney may examine:

• Whether the arrest was lawful;
• What advisements the driver received;
• What the officer considered a refusal;
• Whether the driver actually refused the test;
• Whether the applicable testing procedures were followed; and
• Whether the DMV has sufficient evidence to sustain the suspension.

Do not assume that a DMV suspension is unavoidable simply because the paperwork says “refusal.” The facts of the individual case matter.

Are DUI Checkpoints Legal in California?

California law permits law-enforcement agencies to operate DUI checkpoints, but checkpoints are subject to constitutional and statutory requirements.

For example, courts may examine how the checkpoint was planned and operated, how vehicles were selected for screening, whether adequate safety measures were used, and whether officers followed applicable procedures.

If you were arrested at a DUI checkpoint, an attorney can examine whether the checkpoint and the subsequent detention complied with the law.

What Are the DUI Laws in California?

California DUI charges can arise under several provisions of the Vehicle Code.

Common allegations include:

• Driving under the influence of alcohol;
• Driving with a blood-alcohol concentration of 0.08% or higher;
• Driving under the influence of drugs;
• Driving under the combined influence of alcohol and drugs;
• DUI involving an accident;
• DUI involving injury or death; and
• Repeat DUI offenses.

The specific charge, available evidence, prior convictions, and circumstances of the arrest can substantially change the potential consequences.

Can I Be Convicted of DUI Without a BAC of 0.08%?

Yes.

California has separate theories of DUI liability. A person can be accused of driving while impaired even when the prosecution is not relying solely on a BAC of 0.08% or higher.

That means a DUI defense should not be reduced to a single question such as “What was the BAC?”

An attorney may need to evaluate:

• The reason for the traffic stop;
• The officer’s observations;
• Driving pattern;
• Field sobriety testing;
• Preliminary Alcohol Screening (PAS) results;
• Breath or blood testing;
• Timing of chemical testing;
• Medical conditions;
• Prescription medications;
• Calibration and maintenance records;
• Video and body-camera evidence; and
• Statements allegedly made by the driver.

Can I Refuse a Field Sobriety Test?

Field sobriety testing and chemical testing are not the same thing.

A person should not assume that declining a roadside field sobriety exercise has the same legal consequences as refusing a post-arrest chemical test.

The precise circumstances matter, including whether the person was already under arrest, what type of test was requested, and what advisements were provided.

If you are unsure what your rights were during a DUI investigation, discuss the circumstances with a California DUI attorney.

What Are Common DUI Defenses?

There is no single DUI defense that applies to every case.

Depending on the evidence, potential issues may include:

Unlawful Traffic Stop

The prosecution must establish the legal basis for the initial detention. If the traffic stop was unlawful, evidence obtained as a result may be subject to challenge.

Lack of Impairment

The defense may challenge whether the prosecution can prove that alcohol, drugs, or a combination of substances actually impaired the driver’s ability to operate the vehicle.

Problems With Chemical Testing

An attorney may investigate the collection, handling, timing, analysis, calibration, maintenance, and interpretation of breath or blood evidence.

Rising Blood-Alcohol Defense

The timing of drinking, driving, and chemical testing can sometimes be important to the interpretation of BAC evidence.

Field Sobriety Testing

Field sobriety exercises are not infallible. Physical limitations, medical conditions, footwear, weather, lighting, road conditions, nervousness, and the manner in which the tests were administered can all be relevant.

Procedural Violations

An attorney may also investigate whether law enforcement complied with required procedures and constitutional protections.

What Are the Penalties for a DUI in California?

Potential consequences depend on whether the case involves a first offense, a prior DUI, an accident, injury, death, high BAC allegations, chemical-test issues, probation, or other aggravating circumstances.

Potential consequences can include:

• Fines and assessments;
• Probation;
• DUI education programs;
• Driver’s-license suspension or restriction;
• Ignition interlock requirements;
• Community service;
• Treatment requirements;
• Increased insurance costs;
• Restitution;
• County jail; and
• In more serious cases, felony charges and state-prison exposure.

Because California DUI sentencing and DMV requirements can change, the precise consequences should be evaluated based on the law applicable to your case rather than relying on a generic penalty chart.

When Does a DUI Become a Felony?

Many DUI cases are misdemeanors, but certain circumstances can result in felony charges.

Felony DUI allegations may arise in circumstances involving prior felony DUI convictions, certain repeat offenses, or DUI cases involving serious injury or death.

Whether a particular DUI should be charged as a felony depends on the facts, the defendant’s criminal history, the alleged injuries, and the applicable statutes.

DUI, Employment, Professional Licenses, and Immigration

A DUI can affect more than your criminal record.

Depending on the circumstances, a DUI may create issues involving:

• Employment;
• Professional licensing;
• Commercial driving;
• Insurance;
• Immigration;
• Travel;
• School or educational programs; and
• Future criminal cases.

If you are not a U.S. citizen, tell your criminal-defense attorney about your immigration status before entering a plea. A criminal disposition that appears favorable from a purely criminal-law perspective can have consequences under immigration law.

How Much Does a DUI Lawyer Cost?

There is no single fee that applies to every DUI case.

Attorney fees can depend on factors such as:

• Whether the case is a first or subsequent DUI;
• Whether an accident occurred;
• Whether there were injuries;
• Whether there are complicated chemical-testing issues;
• Whether the case requires an APS hearing;
• The number of court appearances;
• Whether motions or expert testimony are necessary; and
• Whether immigration or other collateral issues require additional analysis.

The total financial cost of a DUI can also include court fines and assessments, DUI education, towing and impound fees, insurance increases, DMV requirements, and other expenses.

During a consultation, we can discuss the circumstances of your case and the expected scope of representation.

Why Hire an Orange County DUI Attorney?

A local attorney can provide familiarity with Orange County courts, prosecutors, DMV proceedings, and the practical procedures involved in handling DUI cases.

Wais Azami represents clients at Orange County courts and has substantial experience defending DUI allegations and appearing in related DMV proceedings.

His goal is to identify weaknesses in the prosecution’s case, protect the client’s rights, and pursue the best realistic outcome based on the evidence.

Possible outcomes can include dismissal, reduction of charges, a favorable plea resolution, avoidance or reduction of certain penalties, or success in a DMV proceeding. No attorney can guarantee a particular result.

Have You Been Arrested or Charged With DUI?

Do not assume that a DUI arrest automatically means you will be convicted.

The facts of the traffic stop, arrest, testing, and prosecution matter.

If you have been arrested for DUI in Orange County, contact the Law Office of Wais Azami at (714) 321-9999 to discuss your case.

Law Office of Wais Azami
12832 Valley View St. #203
Garden Grove, CA 92845
(714) 321-9999
By Appointment Only

Important Legal Disclaimer

This page provides general information about California DUI law and is not legal advice. California DUI and DMV laws can change, and the outcome of a particular case depends on its specific facts. Information on this page should not be relied upon as a substitute for consultation with a qualified attorney. No attorney-client relationship is created by reading this page, contacting the firm, or submitting information through the website.