Best DUI & DWI Lawyers in Aliso Viejo

About DUI & DWI Law in Aliso Viejo, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Aliso Viejo, part of Orange County, California. These terms typically refer to operating a motor vehicle while impaired by alcohol or drugs, including prescription and over-the-counter medications. Even a first-time arrest can carry severe consequences, including fines, license suspension, and possible jail time. California uses DUI as the primary legal term, though DWI is sometimes used interchangeably in conversation.

Why You May Need a Lawyer

A DUI or DWI charge in Aliso Viejo can have a significant and lasting impact on your life. Common situations where people need legal help include:

• Contesting the results of a breathalyzer or blood test
• Defending against charges with aggravating circumstances, such as accidents, injuries, or high blood alcohol concentration
• Managing multiple offenses or prior convictions
• Challenging a license suspension or seeking restricted driving privileges
• Navigating the complexities of DUI court appearances and DMV hearings
• Negotiating plea bargains or alternative sentencing options

An experienced DUI attorney can evaluate the evidence, determine possible defenses, and guide you through the often complex legal process.

Local Laws Overview

In Aliso Viejo, DUI offenses are governed by California state law, primarily California Vehicle Code Sections 23152 and 23153. Key aspects include:

• The legal blood alcohol concentration (BAC) limit is 0.08 percent for drivers over 21 years old and 0.01 percent for those under 21 or on DUI probation.
• Penalties for a DUI conviction can include fines, probation, mandatory alcohol education programs, license suspension, installation of an ignition interlock device, and possible jail time.
• Refusing to take a chemical test (breath or blood) can result in automatic license suspension and additional penalties.
• Enhanced penalties may apply if your BAC is 0.15 percent or higher, or if the offense involved an accident, injury, or child passenger.
• DUI offenses are “priorable” in California, meaning previous convictions within ten years increase the penalties for subsequent offenses.
• Both the criminal courts and the Department of Motor Vehicles (DMV) may take independent action following a DUI arrest.

Frequently Asked Questions

What is considered a DUI in Aliso Viejo?

A DUI is defined as operating a vehicle while impaired by alcohol, drugs, or a combination. In most cases, this means having a BAC of 0.08 percent or higher, or any impairment that affects your ability to drive safely.

What happens after a DUI arrest?

You will likely be taken into custody, your license may be confiscated, and you will receive a notice of suspension along with a court date. You typically have ten days to request a DMV hearing to contest the suspension.

Can I refuse a breathalyzer or chemical test?

You have the right to refuse, but doing so can result in an automatic license suspension and increased penalties, regardless of whether you are ultimately convicted in court.

What are the penalties for a first-time DUI?

Penalties for a first offense may include fines, probation, mandatory DUI classes, a potential short jail sentence, and a license suspension. The court and DMV can impose separate penalties.

Will a DUI conviction stay on my record?

Yes, a DUI conviction will appear on both your criminal and driving record. In California, it remains priorable for ten years for sentencing purposes.

Can I drive after a DUI arrest?

Your license will be suspended by the DMV, but you may be eligible for a restricted license that allows you to drive to work or school after installing an ignition interlock device.

Are there defenses against a DUI charge?

Yes. Common defenses include challenging the traffic stop, questioning the accuracy of chemical tests, or demonstrating procedural errors by law enforcement.

What if I was arrested for drugged driving?

Driving under the influence of drugs (including marijuana and prescription medications) is treated similarly to alcohol-related DUIs, with many of the same penalties and legal processes.

How does a DUI affect my insurance?

A DUI conviction can significantly increase your insurance premiums, and some insurers may cancel your policy.

Should I hire a lawyer for a DUI case?

It is strongly recommended to consult with an experienced DUI attorney. A lawyer can analyze your case, identify possible defenses, and help you navigate both the court system and the DMV process.

Additional Resources

Several organizations and governmental bodies offer information or assistance regarding DUI and DWI cases in Aliso Viejo:

• California Department of Motor Vehicles (DMV)
• Orange County Superior Court
• California Office of Traffic Safety
• California Highway Patrol (CHP)
• Orange County Public Defender's Office
• National Highway Traffic Safety Administration (NHTSA)

Next Steps

If you or a loved one is facing a DUI or DWI charge in Aliso Viejo, it is important to act quickly. Consider taking the following steps:

• Gather all documents and information related to your arrest
• Contact a qualified DUI attorney as soon as possible
• Request a DMV hearing within ten days to challenge your license suspension
• Attend all scheduled court dates and follow your lawyer's advice
• Explore your options for alternative sentencing, plea bargains, or treatment programs if recommended by your lawyer

Navigating a DUI or DWI case can be complicated, but you do not have to face it alone. Legal representation can make a significant difference in the outcome of your case and in protecting your rights.