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Aggravated DUI Attorney in Newport Beach

Aggressive Defense for Aggravated DUI Charges in Newport Beach

An aggravated DUI charge in Newport Beach can bring serious consequences and disruption to your life. These cases require strategic guidance and a focused approach. At Corrigan Welbourn Stokke, APLC, our aggravated DUI attorneys in Newport Beach work alongside you, using over a century of combined practice experience to defend your interests and clarify each step in the process.

Law enforcement agencies like the Newport Beach Police Department and the California Highway Patrol often have strict approaches when handling aggravated DUI investigations. Their investigative procedures—even routine traffic stops—may involve field sobriety tests, chemical analysis for blood alcohol content, and collection of witness statements. We support you from arrest to resolution and ensure your perspective is considered at every stage.

If you are facing a felony or aggravated DUI charge, do not delay. Contact an experienced aggravated DUI attorney in Newport Beach immediately. Call (949) 251-0330 or contact us online to schedule your free confidential consultation.

Understanding Aggravated DUI Laws in California

California Vehicle Code (VC) sections 23152 and 23153 define the core DUI offenses. "Aggravated DUI" is not a single statute but a term used to describe a standard DUI with special circumstances that trigger mandatory minimum penalties or elevate the charge to a felony.

Factors That Constitute Aggravated DUI

In California, the following factors transform a standard DUI into a serious, aggravated DUI case:

  • DUI Causing Injury (VC 23153): If a person drives under the influence and commits any illegal act or neglects any duty that causes bodily injury to another person, the charge becomes a wobbler (misdemeanor or felony). This is the most common form of felony aggravated DUI attorney in Newport Beach professionals defend against.
  • Prior DUI Convictions (VC 23550): A fourth or subsequent DUI conviction within a ten-year period is automatically charged as a felony aggravated DUI.
  • High Blood Alcohol Content (BAC): While the legal limit is 0.08%, a BAC of 0.15% or higher, and especially 0.20% or higher, triggers mandatory sentence enhancements and harsher conditions of probation.
  • Refusal of Chemical Testing: Refusing to take a breath or blood test upon lawful arrest results in a one-year mandatory license suspension, which is an aggravated DUI penalty.
  • Driving with a Minor: Having a child under the age of 14 in the vehicle at the time of the offense triggers an enhancement known as child endangerment (Penal Code 273a), adding mandatory jail time to the DUI sentence.

When facing these factors, you need a highly experienced Newport Beach aggravated DUI lawyer to navigate the complex legal landscape.

Penalties and Collateral Consequences of Aggravated DUI Convictions in California

Conviction for Aggravated DUI in California can result in penalties that are life-altering. The severity of the sentence often depends on the specific circumstances addressed by your Newport Beach aggravated DUI lawyer.

Direct Criminal Penalties

  • DUI Causing Injury (VC 23153): Felony penalties include 16 months, two, or three years in state prison (with potential sentencing enhancements adding more years), and fines up to $5,000. It also carries a mandatory minimum one-year license suspension.
  • Fourth DUI (VC 23550): A felony conviction carries up to three years in state prison, mandatory revocation of the driver's license for four years, and designation as a Habitual Traffic Offender (HTO).

Critical Administrative Penalties

Unlike the criminal court case, the DMV hearing is a separate proceeding that can automatically suspend your license within 10 days of arrest. Our firm immediately requests the DMV Administrative Per Se (APS) hearing to fight the license suspension, a crucial step an aggravated DUI attorney in Newport Beach must take. Penalties following a DMV loss include:

  • License Suspension/Revocation: Depending on the offense number, the suspension can be up to four years, often followed by mandatory Ignition Interlock Device (IID) installation.
  • Mandatory IID: California law requires all DUI offenders to install an IID, often for one to three years, which is a major punitive and financial burden.

Collateral Consequences

  • Felony Record: A felony conviction is a "strike" under the Three Strikes Law, severely limiting future sentencing options.
  • Insurance and Financial: Mandatory SR-22 insurance and drastically increased insurance premiums that last for years.
  • Employment and Licensing: Loss or denial of professional licenses, especially for careers requiring driving or government clearances.
  • Immigration: DUI convictions, particularly those involving injury or multiple offenses, can trigger severe immigration consequences, including deportation.

Our Comprehensive Approach to Aggravated DUI Defense

When the penalties are measured in years of prison time, the defense strategy must be comprehensive and relentless. Corrigan Welbourn Stokke, APLC utilizes advanced legal and forensic strategies tailored to the circumstances of your aggravated DUI charge.

Defense theories we routinely employ as a trusted Newport Beach aggravated DUI lawyer include:

  • Challenging Cause of Injury (Felony DUI): Proving that your alleged negligence or illegal act was not the legal cause of the injury. For example, demonstrating that the victim’s contributory negligence was the true cause of the accident.
  • Rising Blood Alcohol Defense: Arguing that your BAC was below 0.08% while driving, but continued to rise after you stopped drinking and was only above the legal limit at the time of the police test.
  • Attacking Prior Convictions (Felony DUI): Meticulously reviewing all past DUI records to ensure the prior convictions are legally admissible and counting correctly; errors here can be the key to avoiding a felony conviction.
  • Inaccuracy of Testing Equipment: Presenting expert witness testimony to challenge the calibration or proper operation of the breathalyzer (e.g., Alco-Sensor) or the proper handling of blood samples by the lab.
  • Medical Defenses: Arguing that certain medical conditions (like GERD or diabetes) artificially inflated the breath or blood test results, providing a defense against the high BAC element.

Why Clients Trust Our Aggravated DUI Lawyers in Newport Beach

Choosing the right aggravated DUI lawyer in Newport Beach directly affects your defense and peace of mind. Our firm values clear, honest communication and combines the experience of every attorney into one collaborative strategy. When you hire us, you gain the benefit of collective insight rooted in decades of criminal defense work throughout Orange County and Newport Beach. Our approach sets us apart in several ways:

  • Decades of proven courtroom advocacy: Our attorneys have managed thousands of DUI cases and criminal matters in Newport Beach courts and beyond.
  • Former prosecutors on staff: Our background in prosecution helps us anticipate the strategies local district attorneys may use and build effective counterpoints.
  • Availability at any hour: You can reach us at any time—day or night—because the first few hours after an arrest can shape the trajectory of your case.
  • Recognized excellence: We have received awards such as Super Lawyers and Martindale-Hubbell AV Ratings, which reflect our commitment to outstanding client service and legal results.
  • Free initial consultations: You can discuss your case and your options with us, confident there are no financial obligations at the start.

We proudly serve Newport Beach and the communities of Orange County, bringing respected leadership and connections within local legal organizations and bar associations. Our exclusive focus on criminal defense means we respond rapidly to shifts in law enforcement priorities, prosecution practices, and changes in state regulations.

Working With Our Newport Beach Team: What to Expect From Your Aggravated DUI Defense

Building a strong defense against aggravated DUI charges in Newport Beach means knowing both the law and how local practices and expectations shape the process. Our team delivers clarity and confidence by focusing on the details that matter:

  • Personalized strategy meetings: We take time to discuss your account, examine evidence, and talk through your objectives so your defense fits your life.
  • Collaborative attorney review: Attorneys at Corrigan Welbourn Stokke, APLC, including former prosecutors, review your case from every angle, delivering comprehensive insight with each step.
  • Clear guidance on timelines and decisions: You get direction on all deadlines, hearings, and procedural steps, helping you avoid missteps in criminal and DMV proceedings.
  • Responsive 24/7 communication: Our round-the-clock availability means your questions always get answers, and you stay updated on progress or changes through your case.
  • Local courtroom knowledge and insight: We understand how Newport Beach prosecutors and judges interpret the law in aggravated DUI cases, allowing us to identify opportunities and concerns early on.

Take Control Today – Contact Our Aggravated DUI Attorneys in Newport Beach

You deserve a team that understands the urgency and impact of an aggravated DUI charge. At Corrigan Welbourn Stokke, APLC, you get collaborative support, decades of experience, and local knowledge whenever you need it most. Call us now to schedule your free, confidential consultation and get reliable answers, clear options, and tireless advocacy from your first call through the final resolution. 

Speak with an aggravated DUI lawyer in Newport Beach by contacting us online or call (949) 251-0330 today.

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