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DUI offenses (driving a vehicle under the influence of alcohol and/or drugs) are taken very seriously in Orange County, where more than 2.5 million vehicles are registered with the California Department of Motor Vehicles (DMV). State laws outline a range of possible penalties for:

1. DUI

—And—

2. Driving a vehicle with a .08% blood alcohol content (BAC) level: this is known as per se DUI. In other words, if your BAC is that high, you’re automatically considered to have been driving drunk

You can be found guilty of both of these crimes, but you can be sentenced for only one of them. If you refused to have your BAC tested and there is no evidence for the per se DUI, you would be charged with the DUI only, but the penalties for each of these two charges are the same. However, if you refused BAC testing, the DMV will suspend your license automatically.

DUI Penalties
If you’re convicted of either crime, you’re facing the possibility of a jail term for up to six months. The fine will be about $1600, and your driver’s license will be suspended for at least 4 months.

• You’ll be ordered to attend a DUI school for at least three months as a condition of reinstatement of your license.

• You’ll probably be put on probation, for a likely period of three years. This is not an insignificant aspect of a conviction. Being on probation affects your life and future in many ways.

• You may be ordered to perform community service, attend a “victims’ panel,” or enroll with Alcoholics Anonymous, although such penalties are not required by statute, as the fine and jail term are.

• An "ignition interlock device" may be installed on your vehicle to prevent you from driving under the influence again.

Enhancement to the DUI Penalties
The DUI penalties listed above may be “enhanced” (increased) by circumstances of your case. Examples of circumstances that will produce enhanced penalties are:

• having a child in the vehicle when you were stopped on suspicion of DUI
• refusing to submit to BAC testing
• having a prior DUI conviction within the past 10 years
• driving at high speed (e.g., more than 20 mph over the speed limit on streets or more than 30 mph over the limit on a freeway)

Contact the Law Office of Tom Wallin
If you’ve been arrested for DUI in Orange County, you need an experienced, knowledgeable and aggressive DUI defense attorney who can effectively fight to obtain the best possible outcome for you. Contact Tom Wallin today to discuss your case in a free initial consultation.