Do I Need a DUI Attorney For A 2nd DUI, 3rd DUI, or Felony DUI in Orange County, California?
As of 2014, out of all the jurisdictions I defend against 2nd DUI Offenses, the 2nd DUI consequences in Orange County, California are the by far the most harsh consequences in the state of California.To defend against a 2nd Offense DUI in Orange County, more than any other county, you need an experienced Orange County 2nd DUI lawyer to keep you from going to jail.
Possible Consequences to a 2nd Offense DUI.
In Orange County, California, for a second offense DUI, the Orange County District Attorney’s office will ask for anywhere from 90-240 days jail. This is not a threat. This is not meant to scare you. This is the basic facts. If you go in and deal with the Orange County DA’s office without a 2nd DUI Lawyer, you will be going to jail, period.
In order to avoid jail, a second DUI attorney knowledgeable in the Orange County Superior Court will have to calender your case to a specific judge who allows alternative sentencing such as house arrest, city jail, or inpatient treatment program. Once the case is calendared to this specific judge, your Orange County 2nd DUI attorney will have to have a private meeting with the Judge & DA in your case to discuss specifically why your case should warrant alternative sentencing.
The offer comes directly from the Judge themselves and can vary greatly from bench officer to bench officer. For example, in January, Judge “Doe” would allow for house arrest in stead of jail time for Orange County Second DUI offenses, however, come may, the bench officer maybe replace by Judge “Smith” who wants inpatient treatment on each and every multiple offense DUI defendant.
Please be aware: Chambering a case and requesting an offer in front of the “best” judge isn’t something every attorney is trained to do. In fact, in most jurisdictions, Chamberling a case for a court offer for a multiple offense DUI is unheard of. Subsequently, you need an attorney familiar with the Orange County Judges in order to better your chance to receive an alternative to jail.
- * 90 Days to 12 Months Jail
- * Ignition Interlock Device – 2 years
- * 1-2 Years Driver License Suspension
- * Court Fines in Excess of $2,500.00 +
- * DMV SB 38 Alcohol School
- * In Patient Treatment
- * MADD Class
- * DUI Court
- * Caltrans Labor
- * 5 Probation
“I Heard of People Not Getting Jail in Orange County, California”
Even if your friend or family was arrested and convicted of a 2nd offense DUI in Orange County in the last 12 months, your experience with your second DUI will be different.
In the past 12 months, the Orange County District Attorney’s office has nearly doubled the amount of jail time they’re ask for a basic 2nd Orange County DUI case. For the DA’s office, there is no alternative sentencing, there is no early release. If you get sentenced to jail in Orange County, California, you will be serving your entire sentence minus good-time work time credits.
From count house to court house, the offers differ drastically. This is why you need an Orange County Second Offense DUI Attorney to best represent your interest at both the Orange County Superior Court and the DMV.
Do I Really Need an Attorney for my 2nd DUI in California?
A second DUI in Orange County California is a very serious offense. Out of some of the Orange County courthouses, the DA’s will be asking for 270 days county jail for your second DUI arrest.
Anyone looking at 270 days county jail needs an attorney to help mitigate the jail time. We may not be able to get your case dismissed, but there will get lesser consequences with a 2nd DUI attorney in Orange County California than if you attempt to go it alone and represent yourself.
For a 2nd DUI in Orange County, California
- The 10 Day DMV Deadline -
You have 10 calendar days from the date you were arrested to have your 2nd DUI lawyer in Orange County to contact the DMV to request an Admin Per Se hearing to fight the 1-2 year DUI suspension of your drivers license. In the majority of cases, failure for your second DUI attorney to contact DMV within 10 days of your arrest, will render your license suspended for up to 2 years or more.
If you have a commercial drivers license, a second Orange County DUI conviction will result in a lifetime commercial license disqualification. Act now to preserve your right to drive.
“One or More Year Suspension?!
How Do I Drive to Work?”
For an average 2nd offense DUI, you’re looking at anywhere from a 90 day to a 2 year loss of your drivers license. You’ll need an experienced 2nd DUI attorney in Orange County to help you obtain driving privileges as soon as your legally possible.
Unlike your First DUI arrest, this restricted license is not automatically granted. In order to be eligible in Orange County for a restricted drivers license, you’ll need a DUI lawyer well versed in DUI/DMV law as it pertains to second or third DUI arrests.
Does it Make a Difference That I am Still on Probation for My Prior DUI Conviction?
If you picked up a Second DUI or a Third DUI while on probation for your prior DUI, you will not be eligible for a drivers license if you fail to contact DMV within 10 days of your 2nd DUI arrest, or lose your DMV hearing, or plead guilty to either a 23152 or 23153 (a) or (b) in court.
This includes no eligibility for a restricted license. Thereby, having your second DUI attorney contact DMV within 10 days of your 2nd DUI arrest and challenging the second DUI in court is key to for you to drive for the next year.
In addition to the harsher drivers license suspension period, the court where you violated your probation could order you to jail for an additional 6 months or more on top of the possible jail time you could receive from the court where your recent DUI arrest occurred.
The bottom line is, yes, being on probation for a prior DUI does change the seriousness and likely outcome of your current DUI case. For more helpful DUI information about what a specific judge might sentence you to for violating your prior DUI probation, call 877-717-2889 to speak to a qualified DUI defense attorney. DUI consultations are always free and informative.
Recent Orange County
Multiple Offense Results
04/17/14 – 3rd DUI in Orange County California while on probation and while a 2nd DUI in Orange County was pending. Clients blood alcohol level was a .25% BAC.
Case Facts - Client was arrested for his third DUI while on probation for his first DUI and while his 2nd DUI case was still pending in Orange County, California. Client had a previous conviction for commercial burglary which rendered the client ineligible for most alternative sentencing. In the mean time, the DA wanted 365 days county jail for the defendant’s conduct. Client was devastated because he had a young child to feed.
Case Results - ZERO JAIL TIME ON THIRD DUI OUT OF ORANGE COUNTY. Case resolved directly with the judge for absolutely no jail time. Client couldn’t believe he got out of jail and was extremely happy with the results Ms. Simmons was able to obtain for him.
3/26/2014 – .21 2nd DUI Orange County – Zero Jail
Case Facts: Client was arrested for a second DUI offense in Orange County California. This was her second DUI out of Harbor Justice Center and her blood alcohol content was a .20%.
Case Results: Absolutely ZERO jail time for her 2nd DUI out of Orange County. Normally, this case would go for anywhere between 60-90 days jail, but Attorney Simmons got zero jail, house arrest, SCRAM, or DUI court on this Orange County 2nd Offense DUI.
3/2014 – .21% 2nd DUI – Dismissed
Case Facts: .21% 2nd DUI out of the Harbor Justice Center located in Newport Beach, California. DA wanted 90 days county jail with no alternative sentencing
Case Results: Via motion, ALL CHARGES DISMISSED. No Jail. No Files, Absolutely No Criminal Record.
9/2012 - .17% 5th Offense Felony DUI with Probation Violation – No Jail
Case Facts: Client was arrested for a 5th DUI with a .17% out of the West Justice Center in Westminster, California. Clients license was suspended and had a unresolved probation violation for his prior WJC case. Client initially hired another attorney for the case and the offer was 2 years prison which would be spent in county jail. Client was absolutely distraught as he was the sole provider of a 4 year old girl and sought a second opinion with Attorney Julia Simmons, who focuses on Multiple Offense DUIs.
Case Result: Case resolved for absolute ZERO jail with some time spent in a sober living environment that was kid friendly. Client was extremely happy not to be doing 2 years in jail.
3/2014 – .36% 2nd DUI – Zero Jail
Case Facts: Client was driving with a .36% BAC at 4pm in the afternoon and was vomiting. Case was out of the Central Justice Center in Santa Ana, California. At arraignment, the Orange County DA’s office asked for 240 days county jail due to the outrageously high .36% blood alcohol level, which is over 4 times the legal limit.
Case Results: Attorney Simmons prevailed at DMV and won this client’s DMV hearing with a .36% BAC out of Orange Driver Safety Office. Client was arrested in April of 2013, but due to the extremely high blood alcohol level, even the Judge wanted 90 days actual county jail time. Refusing to give up and to plea her client to 90 days county, Attorney Simmons fought this case for nearly a year. Ultimately, client was sentenced to house arrest which allowed him to work without anytime spent in county jail. Client was extremely happy with end result and is pound to announce, as of 3/08/14, has 338 days of sobriety.
11/2014 – .21 DUI while on probation for 2 prior DUIs, with a suspended license.
Case Facts: Client was suffering from a very bad divorce case. Client was arrested and convicted of 2 DUI cases in Los Angeles while picking up a new DUI case in Orange County in La Habra. Client’s license was suspended and she was on probation for her two prior DUIs which resulted in multiple probation violations out of 2 separate court houses. Subsequently, client faced a 3rd DUI out of the North Justice Center. The Orange County District Attorney wanted no less than 1 year county jail with absolutely no alternative sentencing for my client. Client’s friend, a very active member of the OC AA group, told her there was “no way” any attorney would be able to keep my client out of jail.
Case Results: No Jail on 3rd DUI or Any of the Multiple Probation Violations. Client entered into a treatment program for 90 days and then spent 120 days on house arrest which allowed her to work. Client cried at their result because they were sure they were going to jail.
3/2014 – .24/.28 3rd DUI while 2nd DUI Pending
Case Facts: Client was arrested for a 2nd DUI with a .25% BAC out of the Harbor Justice Center. The DA for that DUI, originally wanted 120 days county jail. Less than a month later, client picked up a 3rd DUI with a .29% BAC out of the Central Justice Center in Santa Ana, CA. Due to the two DUIs, the Orange County District Attorney’s office wanted 1 year county jail with no alternative sentencing. In addition, the client had a prior criminal record which rendered him ineligible for DUI court or any other state run alternative sentencing in Orange County. Client sought alternative sentencing so he could keep his job, pay his mortgage, and raise his child.
Case Results: After fighting his case for nearly a year, case resolved for sober living with absolutely no jail. Client was allowed to go to work and see his child. Client was extremely happy with his result.