Driving under the influence of drugs, or under the influence of alcohol with a blood alcohol concentration of 0.08% and higher, impairs the ability to navigate and operate heavy machinery.
- Driving While Impaired - An offense based on the person’s inability to operate a motor vehicle properly. Authorities may charge someone with this offense even if they are not legally considered to be intoxicated.
- Driving While Under the Influence - A BAC of 0.08% or higher is considered as intoxicated by law enforcement, and unable to operate heavy machinery.
Driving under the influence (DUI) of alcohol or other controlled substances is illegal across the United States that has severe legal consequences. DUI charges are not taken lightly in Orange County. A conviction of a DUI can result in life-changing consequences that include fines, incarceration, and probation. Driving privileges may also be lost. A DUI charge should not be taken lightly, and people arrested and charged with DUI need to put every effort into their criminal defense. That’s where Corrigan Welbourn Stokke comes in.
Penalties for DUI in Newport Beach
In Newport Beach and the rest of Orange County, driving under the influence charges are treated very seriously and can carry severe penalties upon conviction. Penalties will vary depending on factors such as a defendant's number of DUI offenses within 10 years, the level of alcohol in their blood at the time of arrest, and whether or not the DUI caused injury or death.
First DUI Offense Penalties:
- Driver's license suspension up to 4 months
- 3 to 5 years probation
- 3, 6, or 9 months of alcohol treatment
- Base fines up to $1,000 plus possible additional penalty assessments
- Up to 6 months in jail
- Possible installation of an ignition interlock device in your vehicle
Second DUI Offense Penalties
- Driver's license suspension up to 2 years
- 3 to 5 years probation
- 18 months of mandatory alcohol treatment
- Base fines up to $1,000 plus possible additional penalty assessments
- Minimum 96 hours to 1 year in jail
- Ignition interlock device use
Third DUI Offense Penalties
- Driver's license suspension up to 3 years
- Up to 5 years of probation
- 18 months of mandatory alcohol treatment
- Base fines up to $1,000 plus possible additional penalty assessments
- 120 days to 1 year in jail
- Ignition interlock device use
Fourth DUI Offense Penalties
- Felony DUI charges
- Driver's license suspension up to 4 years
- Habitual Traffic Offender status for 3 years
- 18 months of mandatory alcohol treatment
- Base fines up to $1,000 plus possible additional penalty assessments
- 16 months to 4 years in prison
Aggravating factors which can enhance these penalties include having a blood alcohol concentration of 0.16% or greater, having a minor under the age of 14 in the car at the time of the offense, causing an auto accident resulting in injury or death, or having prior felony offenses.
Newport Beach DUI Offender Resources
There are several local resources available for DUI offenders in Newport Beach, CA. Here are a few options:
Orange County Health Care Agency - The health care agency provides substance abuse treatment and counseling services for DUI offenders.
Newport Beach Alano Club - AA is a support group for individuals struggling with alcohol addiction. There are several AA meetings in Newport Beach and surrounding areas.
Mothers Against Drunk Driving (MADD) - MADD is a nonprofit organization that aims to prevent drunk driving and support victims of drunk driving. The organization has a local chapter in Orange County.
Newport Beach Drug and Alcohol Rehab - There are several drug and alcohol rehab centers in Newport Beach that offer treatment programs for individuals struggling with addiction, including those with DUI offenses.
It's important to note that the specific resources available may vary depending on the individual's circumstances and the severity of their offense. It's best to speak with a legal professional or treatment provider to determine the most appropriate resources for your situation.
Driving While Under the Influence of Drugs
A person’s motor functions are impaired when under the influence of controlled substances and prescription medication, which makes operating a motor vehicle more difficult and therefore illegal. Any individual who is stopped and arrested on a reasonable belief of being under the influence will have criminal charges pressed against them.
Impairment by a prescription drug, regardless of a prescription by a legitimate physician or medical professional, can still result in a conviction if the prosecution can prove that you were impaired while operating a motor vehicle. The question in many DUI cases is if the driver was under the influence at the time of arrest. The Newport Beach DUI attorneys at Corrigan Welbourn Stokke will exhaust all methods of disproving that you were not affected by the drug, which has the highest chance of having your charges dropped.
Orange County DMV Hearings
An arrest for DUI charges in Orange County will result in confiscation of a driver’s license, and a temporary driver’s permit will be issued. The permit allows an individual to drive for up to 30 days. Once 30 days has passed, the individual’s driving privileges will be suspended automatically. To avoid having a license suspended, the individual must schedule a hearing at the Department of Motor Vehicles within 10 days of their DUI arrest to contest the suspension of the driver’s license.
During the hearing at the DMV, a representative from that DMV will meet with the accused individual. The DMV representative serves as a prosecutor and a judge during this hearing. The representative will present evidence to the individual against their driving privileges about the DUI and will assess whether those privileges should be reinstated. However, if the representative finds the person not guilty, then driving privileges will be reinstated, and the license will be returned.
Many people believe that they have the proper legal ability to defend themselves during DMV hearings. This is not a wise idea, as most people do not have the training and knowledge to successfully plead a case. It is a beneficial move to retain the services of an aggressive DUI defense attorney for DMV hearings. The Newport Beach DUI lawyers at Corrigan Welbourn Stokke will gladly defend an individual during a DMV hearing by challenging evidence and questioning the arresting officer’s testimony.
Can DUI Charges Be Defeated?
A DUI charge can be a frightening thing to face. While cases of this type can be challenging, drunk driving charges can be successfully defended against with the right lawyer by your side. Even if you have strong evidence against you, there is a chance that it may be deemed inadmissible in court due to factors such as a police officer failing to follow proper procedure, evidence tampering, or other reasons. You can trust an attorney from our firm to ensure that no stone is left unturned in pursuit of a favorable outcome for your case.
Some of the many ways that DUI charges can be overcome include:
- Dismissal: The most favorable outcome in a DUI case is to have the charges dismissed outright, keeping your record clear. This may occur if evidence is disqualified, if the evidence against you is deemed insufficient, or if your attorney is able to successfully negotiate a dismissal.
- Reduction: If a dismissal cannot be secured and the evidence against you makes an acquittal at trial unlikely, negotiating a reduction in your charges may be the most desirable outcome. For example, a DUI may sometimes be reduced to a "dry reckless" charge which carries lesser consequences and fines, as well as less of an impact on your driving record and insurance requirements.
- Acquittal: If you and your attorney decide to fight your case at trial, there is a chance the court may find you not guilty. Your attorney will evaluate the evidence against you, the D.A., and the judge assigned to your case to determine your odds of success.
Protect Your Right to Drive Today By Calling (949) 251-0330
Depending on your charges, a DUI conviction can cause a multitude of difficulties in your life. Simple misdemeanor DUI offenses can be costly and will possibly harm your abilities to drive to work and accomplish basic tasks. Felony charges will follow you for the rest of your life and could cause issues with employment, housing, and other essentials.
By contacting Corrigan Welbourn Stokke, you are fortifying your defense with over 100 years of combined legal experience. Our Newport DUI lawyers know that every person deserves to have a fair chance at protecting their future, and we will not stop fighting until your voice is heard.
How Can A DUI Lawyer IN Newport Beach Help You?
A DUI lawyer will not only help to protect your rights and your future but can serve as a tremendous support system for you during this challenging time.
Some ways that a DUI lawyer can help you include the following:
- Provide you with legal counsel
- Offer you emotional support
- Thoroughly examine your case
- Create a strong defense strategy
- Collect important evidence to support you
- Prevent you from making costly mistakes
- Save you time and money
- Fiercely represent you in the courtroom
Don't wait - contact our Newport Beach DUI defense attorneys today, and let them help protect your rights, your future, and your reputation.
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Contact our Newport Beach DUI attorneys today at (949) 251-0330.
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