DUI Defense
Driving Under the Influence/Driving While Intoxicated
It is illegal to drive a motor vehicle (car, truck, motorcycle, or boat) while under the influence of drugs and/or alcohol or with a blood alcohol concentration of 0.08% or higher. If you are suspected of this, you will be charged with Driving under the Influence (DUI) or Driving While Intoxicated (DWI).
Common California DUI and Driving Under the Influence cases handled by our Orange County law offices include:
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DUI/DWI penalties can be serious, particularly with prior convictions. A DUI conviction can result in jail time, fines, a driver’s license suspense, mandatory DUI school, probation, the loss of a job and even a professional license. A DUI conviction with a prior conviction within 10 years can result in a probation violation, driver’s license revocation and substantial jail or even state prison time.
If you have been charged with a DUI in Orange County, you need to consult with an experienced criminal defense lawyer or DUI attorney, such as Ms. Sena. Ms. Sena will analyze your case, review the results of your chemical (breath or blood alcohol) tests and field sobriety tests, and investigate the circumstances surrounding your arrest. Police or law enforcement records can be subpoenaed and errors may be revealed, which may change the course of your case. Orange County criminal defense lawyer Staycie R. Sena has represented thousands of DUI clients throughout Orange County.
Questions About DUI Defense
Q: Will I go to jail?
A: The overwhelming majority of those convicted of a first-time DUI (with no priors) do not go to jail in Orange County. Some counties (Riverside, for example) require participation in a community work program in lieu of jail.
DUIs with prior convictions within ten (10) years often involve jail time, however. You may be able to mitigate your case by participating in AA meetings, counseling and/or rehab. Contact the Law Offices of Staycie R. Sena today for a free consultation.
Q: Will I lose my driver’s license?
A: If you were arrested for a DUI or DWI, you MUST call the DMV within ten (10) days of the arrest to preserve your right to a DMV hearing. The DMV may take an action against you to suspend or revoke your California driver’s license, independent of any action the District Attorney or court takes. It is common for first-time offenders to experience a 30-day driver’s license suspension and for multiple offenders to experience a one-year suspension or revocation.
Q: I don’t know why I was pulled over to begin with. Is this important?
A: Yes. Officers must have had a reasonable and articulable suspicion that a crime was underway at the time they pulled you over. This means that they cannot simply go on a fishing expedition, hoping to find a driver who is under the influence. If you believe there was no reason to pull you over, we may be able to bring a suppression motion and get the charges against you drop. You should discuss this matter with Ms. Sena directly.
Q: I was not read my Miranda rights. Does this matter?
A: Most DUI or DWI arrests do not necessitate Miranda warnings. Miranda only applies to statements that are obtained while you are interrogated in custody. Because you are not legally in custody during a DUI or DWI examination, Miranda usually does not apply. Furthermore, Miranda only serves to protect statements that you have made, not the observations of officers or testing results.
Q: I passed the tests. Will I still be prosecuted?
A: Most DUI or DWI defendants believe they have “passed” the field sobriety tests that officers gave them. The truth is those tests are very, very difficult for even the most coordinated of sober people to perform perfectly and any imperfection is recorded and used against you in a prosecution.
Q: Does the price for representation include a DMV hearing?
A: Yes. Ms. Sena represents DUI or DWI defendants at DMV hearings at no additional charge.
DUI Laws
California Vehicle Code section 23152(a) Driving under the influence:
It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
California Vehicle Code section 23152(b) Driving with BAC above .08:
It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
California Vehicle Code section 23140 Under age driving under the influence:
It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
California Vehicle Code section 23153 DUI with injury:
(a)It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
(b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
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| The Law Offices of Staycie R. Sena |
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| The Atrium Building | |
| 19200 Von Karman Ave. | |
| Suite 400 | |
| Irvine, CA | |
| 92612 | |
| Tel: | (949) 477-8088 |
| Fax: | (949) 477-8089 |
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