Irvine DUI Lawyer

Facing a driving under the influence (DUI) charge can be overwhelming and frightening. California’s DUI laws are strict, with penalties that can include heavy fines, jail time, license suspension, and a criminal record that can impact your job and personal life. A skilled DUI lawyer can be your strongest ally, working to protect your rights and help you navigate the legal system.

The Law Office of Daniel Deng is a trusted source of criminal defense support in Irvine and throughout Orange County. From challenging the legality of the stop and testing procedures to negotiating for reduced charges or alternative sentencing, our Irvine DUI attorneys will fight to achieve the best possible outcome in your case. Reach out today to schedule a free case evaluation.

Understanding the Implications of a DUI Charge in Irvine

In California, if you are arrested for an alcohol-related DUI, you may be charged with two crimes – driving under the influence of alcohol and driving with a blood alcohol concentration (BAC) of 0.08% or higher. It’s also possible to be charged with a DUI even if you haven’t been drinking alcohol. It is illegal in California to drive under the influence of prescription drugs, over-the-counter medication, or illegal narcotics. In addition, some drivers have lower legal BAC limits, such as commercial drivers and people under 21 years old.

DUIs can be charged as either misdemeanors or felonies, depending on the circumstances. If someone is injured in an accident when you are driving under the influence, you have previously been convicted of a felony DUI, or you have three or more related offenses, you may be facing felony charges.

Penalties can include jail time, a prison sentence, fines, license suspension, mandatory DUI school, and required use of an ignition interlock device (IID).

What to Expect if You’re Stopped at a DUI Checkpoint in Irvine

You may be stopped by police when driving recklessly or erratically or at a checkpoint set up to screen for drivers under the influence. If you are involved in an accident and police have reason to believe you are under the influence, this scenario could also qualify as a DUI stop.

Typically, the police officer will check you for signs of alcohol intoxication, such as slurred speech, bloodshot eyes, or the smell of alcohol. If you have difficulty answering questions, seem confused, or cannot stand steadily, this behavior may also cause the police to suspect you’re driving under the influence.

You may be asked to submit to a preliminary alcohol screening (PAS), which is sometimes called a breathalyzer test. Field sobriety tests are also standard in DUI stops and include standing on one leg, walking a straight line and turning, and looking horizontally while following an object with only your eyes. Failing any of these tests will likely lead to an arrest.

Is Refusing a Breathalyzer Test at a DUI Stop in Irvine Considered a Crime?

Refusing to submit to a breath or blood test for alcohol could carry consequences, including harsher DUI penalties and mandatory license suspension. However, the outcome of a refusal depends entirely on when it occurs.

California’s implied consent law states that driving on the state’s roads automatically equals consent to be tested. This law applies to post-arrest testing, not pre-arrest testing. Pre-arrest testing, such as the breath test administered during a DUI stop, is not mandatory in California. There may, however, be penalties for refusing this test if you are under the age of 21 or on probation for a previous DUI conviction.

Once you have been arrested, you cannot legally refuse an alcohol breath test due to the state’s implied consent law. There are also strict requirements for blood tests, although police may need to obtain a warrant.

Penalties for a First-Time DUI Offense in Irvine

Because the penalties for DUI convictions become more severe if you have prior DUIs on your record, the penalties for first-time offenses are generally the least strict. Potential consequences for a first-time DUI in California can include:

Summary or informal probation of up to five years
Up to six months in jail
Up to $1,000 in fines
Mandatory court-approved alcohol or drug education program
Required use of an interlock ignition device for up to six months
Driver’s license suspension for up to 10 months

The financial costs associated with a DUI extend beyond the fines a judge may impose. There are also costs, such as DMV fees and IID expenses.

How Prior DUI Offenses Impact Your Current Case

The consequences of a DUI conviction worsen with each subsequent conviction within a ten-year period. This decade-long timeframe is known as a lookback period, and you may face harsher penalties if you have any DUI convictions on your record in California. Wet reckless convictions and out-of-state convictions may also count as priorable offenses in California.

Why You Need a DUI Lawyer on Your Side

Having an attorney means you always have someone you trust available to answer your questions, explain your legal options, and protect your rights. The DUI attorneys at the Law Office of Daniel Deng will identify weak points in the prosecution’s case to build a strategic defense, advise you on the possible alternative sentencing options, and give you the best chance at a favorable outcome. Contact us to schedule a free case evaluation.