Being charged or arrested for a DUI can be terrifying. In addition to thousands of dollars in court fines and extended incarceration, those accused can lose their license and have their entire lives turned upside down. Obtaining the right drunk driving case information at the outset of your case can be the difference between a case dismissed and a lifetime of regrets.
At MacGregor & Collins, LLP, our drunk driving attorneys have worked with countless alleged DUI offenders. They have succesfully obtained case dismissals and favorable case outcomes for many of those they have represented. Those facing charges for their first DWI offense, 2nd, or any number of repeat offenses can count on MacGregor & Collins, LLP to provide top notch legal representation.
Our Orange County DUI attorneys can answer your questions and provide you with 30 years of legal experience to help get you the shortest possible sentence for your case.
Why Choose Our OC Attorneys?
Choosing a MacGregor & Collins lawyer comes with a wide variety of benefits including affordable flat rate fees for those who qualify, but we pride ourselves on our top notch legal representation. By signing on with our firm, you can expect an experienced DUI attorney to begin working on your case immediately to find any potential loopholes that can be used to discredit evidence against you.
Despite the solid evidence presented during your DUI case, there are many ways to fight the prosecution. In addition, their evidence is not always accurate. Consider the following:
- Illness, foods eaten, dental implants and other factors can affect a positive reading on
- Not all chemical tests are accurate, as when blood samples are retested they oftentimes turn our negative for alcohol levels over 0.08%.
- If police officers did not adhere to correct procedures when conducting standardized tests, the evidence becomes invalid.
Law enforcement needs a reasonable cause to pull someone over and check for signs that signify driving while under the influence. If the officer suspects that the driver is impaired, he or she will perform a standardized field sobriety test or a breathalyzer test on the spot. If any of these tests raise a red flag about the driver’s intoxication level, he or she is then escorted to the police station where a chemical test is conducted.
If the driver refuses to submit to the chemical test, they will be subjected to a one year automatic suspension of their driver’s license.
MacGregor and Collins specializes in cases throughout Southern California. We will work with the “evidence” and perform investigative work to get the best outcome for your case.
Helpful OC DUI Information
Vehicle Code 23152 defines driving under the influence as when someone drives with a blood alcohol count of 0.08% or higher. The penalties for this include license suspension, up to 6 months in prison, and a maximum of $1,000 in fines.
Your first offense without any aggravating circumstances such as injury or death, usually means that you will be released from jail within a few hours. The police will hold your driver’s license and send it to the DMV for a hearing. (See below for DMV hearing).
Additional documents the driver will receive include a date to appear in court as well as a temporary license.
Instances of prescription abuse before driving could result in a DUI offense. It is not uncommon for Californians to be arrested for codeine or other medication-related intoxicated driving offenses. These cases carry similar penalties to those arrested for driving under the influence of alcohol.
Out of state drivers will still need to appear in court, even though their driver’s license will not be held by the police.
California offers a 10-day leeway to request a DMV hearing. The purpose of this hearing is to retain one’s driver’s license following a drunk driving arrest. If no action is taken, the license is mandatorily suspended after 30 days.
A lawyer can process this request and also ask for an extension of the DMV hearing. He or she can also appear at the DMV on the driver’s behalf, as well as present arguments for the best outcome.
After the hearing, the decision on whether to keep or suspend a driver’s license is made through a written notice – which is mailed to the driver.
Refer to the DUI Process for more information.
What Can I do to Correct My Suspended License?
A lawyer can help to iron out the chaos of not having a license, and all the legal proceedings that follow a drunk driving arrest. DUI lawyers can furthermore apply for a restricted license, after 30 days of the DMV’s decision. This permits drivers to operate a vehicle legally for work related purposes only.
Drivers who disobey the written notice of rejection, and continue driving on a suspended license violate California Vehicle Code 14601.
Felony DUI Offenses
There are a number of aggravating circumstances that can turn a regular Orange County arrest into a felony conviction. These include:
If convicted of a 3rd or 4th offense, you may face the following penalties:
- Possible Jail Time: up to 3 years
- License Suspension: up to 4 years
- Probation: 1-5 years
- DWI School: 18 months
- Fines: up to $1,000.
The repeat offense would have to be committed within a 10-year time frame. If an injury occured as a result of driving under the influence the defendant can expect enhanced sentencing.
Information for those Charged with Manslaughter
When reckless driving under the influence of alcohol is found to have led to a death or injury, you may face vehicular manslaughter charges under California Penal Code 191.5.
Your potential penalties will include:
Misdemeanor DUI Vehicular Manslaughter, which carries:
- Up to 1 Year in jail
- Up to $1,000 in fines
Felony DUI Vehicular Manslaughter, which carries:
- 16 months, 2 or 4 years in prison
- Up to $10,000 in fines
Information for Underage DUI Offenders
Our DUI lawyers in Orange County know that California has a zero tolerance policy for underage drinking and driving. Anyone under the age of 21 that’s found drinking and driving under the influence of more than 0.01% is usually found guilty.
Underage drivers with a BAC of 0.05-0.07%. are penalized with an infraction, which carries fines of up to $100.
If the BAC is higher than 0.08%, it becomes a misdemeanor. Penalties include:
- Up to six months in jail
- Fines of up to $1,000
- Informal probation between 3-5 years
- DWI school
- Or License suspension of up to 6 months
Refer to our California Underage DUI page for more information.
Protection from Common DUI Offenses
An experienced DWI attorney won’t take the evidence presented at face value. He or she will scratch the surface for any discrepancies in chemical testing or police procedures. Blood and urine samples are retested to determine if there were any glitches or substances that would contribute to the positive alcohol reading.
Also, if there were no probable cause to make a traffic stop in the first place, this can be presented in court. Our OC drunk driving lawyers will additionally examine the arresting officer’s history to determine if there has been any prior misconduct or tampering of evidence by the same officer in question.
Potential DUI Defense Strategies
There are several different ways to defend DUI charges depending upon the circumstances of each individual’s case. The following are ways in which a defendant may avoid a DUI conviction:
- Illness – ailments relating to the gastric system can affect intoxication levels in the blood. A
lawyer can examine the medical records of the defendant to find if this was the reason for a
positive alcohol reading.
- Affirmative Defenses – this essentially means that the driver had no knowledge that he or
she were drinking and driving.
- A Life Threatening Situation – whereby someone was forced to drive under the influence
due to an emergency.
- Equipment Malfunction – the chemical equipment was old or invalid
- False Identity – a passenger exchanged identifying information with the driver of the
- Police Tampering – the chemical test was tainted through police misconduct
Free Case Evaluation from MacGregor & Collins Legal Professionals
A conviction can lead to a criminal record. However, a defense lawyer can find ways to negotiate with the court, even if found guilty to avoid jail time. Alternative sentencing includes community service, installing an ignition interlock device on a vehicle, participating in DUI school and more.
Call the law offices of MacGregor and Collins today. If you’re facing charges our skilled defense attorneys can help to prove your innocence, and get the best outcome for your case. We will bring superior legal experience to aid you in this challenging time. Call us today at (888) 250-2865.