Driving Under the Influence in Fullerton 
 

Thank you for visiting the Fullerton DUI Defense Law Offices of “insert attorney name”. 

If you are facing DUI charges, using a qualified DUI attorney can be very beneficial to your case.  Please take a moment and visit our “Why hire us” page to see what separates us from the other DUI Defense attorneys in and around Fullerton.  We concentrate specifically on a drunk driving defense and know all the DUI laws to make sure your rights are not taken away. 

Overview of DUI

  • Driving under the influence (DUI) is the act of driving a motor vehicle, bicycle, or boat after consuming alcohol or drugs to the extent of impairing mental and motor skills.
  • It is considered a criminal charge or misdemeanor offense – up to 1 year in a county jail.
  • If you are charged with a felony crime – you can receive a minimum of 1 year in California state prison.
  • The California Vehicle Code states that “it is unlawful for any person who is under the influence of any alcoholic beverage or drug to drive a vehicle”.
 

California DUI Laws

  • Implied Consent
  • When you sign for a California driver’s license you agree, as a driver, to a blood, urine or breathe test if you are suspected of DUI - to determine if you are driving with high blood alcohol level.
  • If you refuse to take a blood alcohol test, you will face severe penalties and your license will automatically be suspended.
  • In Fullerton, the breathalyzer test is used most often.
 

Zero Tolerance

  • Applies to minors under the age of 21.
  • The law prohibits you to drive with a blood alcohol concentration of .01% or higher.
  • You will be facing severe penalties for under-age drinking and driving.
 

 

If you are arrested

  • You will be stopped if an officer sees you driving erratically:
  • Speeding
  • Driving too slow
  • Weaving in and out of lanes
  • The officer will check to see if you are drunk by giving you certain field sobriety tests:
  • Submit to a breathalyzer test
  • Recite the alphabet
  • Tip your head back and touch your nose
  • Walk a straight line heel-to-toe
  • Stand on one leg for 30 seconds
  • If you fail any of the above tests, you will be arrested for driving under the influence.
  • Remember – always cooperate with the officer – do not be rude!
  • Answer the officer’s questions – to not lie!
 

Your attorney will want to know

  • Your attorney will read the police report to see if there are any inaccuracies.
  • Did the police officer have probably cause to stop you?
  • Were you told the consequences for refusing a chemical test?
  • When was your blood alcohol level tested? 
  • At the scene?
  • At the police station?
  • Were you read your Miranda rights?
  • Etc.
 

The DUI Process

  • You will face two separate charges:
  •  
    1. California Vehicle Code 23152(a) – driving while under the influence of alcohol or drugs
    1. California Vehicle Code 23152(b) – driving with a blood alcohol concentration of .08% or higher
 
  • DMV Hearing
  •  
    • You have 10 days to schedule a DMV hearing after your arrest.
    • If you do not schedule the hearing, your license will automatically be suspended 30 days after your arrest took place.
    • This is your chance to argue the suspension of your driver’s license.
    • Your attorney will attend this hearing with you.
    • Your closest Driver Safety Office is:
    • The Irvine Driver Safety Office
  •  

      16735 Von Karman Avenue, Suite 110

  •  

      Irvine, CA 92606

  •  

      Monday, Tuesday, Thursday, and Friday:  8:00a.m. - 5:00p.m.

  •  

      Wednesday:  9:00a.m. – 5:00p.m.

  •  

      Telephone:  949-440-4416 

  • The Criminal Case/Process
  •  
    • Takes place if the prosecutor wants to press charges.
    • You will be arrested and held in custody until bail is set.
    • You have to attend an arraignment where you enter one of the following pleas:
    • Guilty
    • Not Guilty
    • No Contest
    • A trial date will be set where the verdict will be determined.
 
  •  
    • Your local courthouse:
    • North Justice Center
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      1275 North Berkeley Avenue

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      Fullerton, CA 92832

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      Telephone:  714-773-4555 

Penalties for a DUI

  • Penalties for a DUI in California are very harsh.
  • They depend on if you have been arrested for a DUI previously.
  • Any evidence that the prosecution has against you will have an effect.
 
  • First Offense:
  • Jail: 48 hours to 6 months
  • Fines: $1,400 to $1,800 (includes court fees)
  • Driver’s license suspension: 6 months
  • Probation: 1 to 5 years
 
  • Second Offense:
  • Jail: 96 hours to 1 year
  • Fines: $1,800 to $2,800 (includes court fees)
  • Driver’s license suspension:  2 years
  • Probation:  3 to 5 years
  • Installation of ignition interlock device
 
  • Third Offense:
  • Jail: 4 months to 1 year
  • Fines: $1,800 to $2,800 (includes court fees)
  • Driver’s license suspension:  3 years
  • Probation:  5 years
  • Installation of ignition interlock device
 
  • Four or More Offenses:
  • Will be charged as a felony crime
  • You can spend up to 3 years in California state prison
  • You will have to pay heavy fines

 

  • Injury Involved – a “wobbler”:
  • Charged as a felony crime
  • Jail: up to 6 years in California state prison
  • For each person injured, add 1 more year to sentence
  • If person was severely injured, an additional 3 years will be added to your sentence
 
  • Vehicular Manslaughter:
  • Jail: 4 years in California state prison
  • If you have prior DUI arrests, you can go to state prison for up to 10 years
 
  • Enhanced Penalties:
  • The following can add more severe penalties:
  •  
    • A passenger in your car under 14 years of age
    • Your blood alcohol concentration was higher than .15%
    • You refused to submit to a chemical test
    • You violated your probation from a prior arrest
    • You were driving 20-30 mph over the speed limit