Best DUI & DWI Lawyers in Anaheim

About DUI & DWI Law in Anaheim, United States

Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious offenses in Anaheim, California. These laws are designed to keep roadways safe by deterring impaired driving, whether due to alcohol, drugs, or a combination. If you are arrested for DUI or DWI in Anaheim, you are typically accused of operating a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher, or while impaired by drugs. Consequences can include criminal charges, license suspension, fines, and jail time, as well as long-term impacts on your driving record and insurance.

Why You May Need a Lawyer

If you are facing DUI or DWI charges in Anaheim, legal representation is highly recommended. Common situations where you may need a lawyer include:

• First-time or repeat DUI/DWI offenses
• Accidents involving injuries or property damage
• DUI with a minor in the vehicle
• Commercial driver's license holder facing DUI allegations
• Losing your driver's license due to a DUI arrest
• Facing enhanced penalties for high BAC or refusal to submit to chemical tests

A DUI attorney can help to negotiate plea deals, challenge the legality of traffic stops or testing procedures, and represent you in both criminal court and DMV hearings.

Local Laws Overview

Anaheim, like the rest of California, follows state DUI/DWI laws but with strict enforcement by the Anaheim Police Department. Key aspects include:

• Legal BAC Limit: 0.08 percent for adult drivers, 0.01 percent for drivers under 21, and 0.04 percent for commercial drivers.
• Implied Consent: By driving in California, you agree to submit to chemical testing if suspected of DUI. Refusal leads to automatic license suspension and other penalties.
• Administrative Per Se: The Department of Motor Vehicles (DMV) can suspend your license immediately upon arrest, separate from any criminal proceedings.
• Penalties: Fines, jail time, probation, DUI education programs, ignition interlock device installation, and higher insurance rates.
• Zero Tolerance: Strict rules apply for underage drivers and those on probation for prior DUIs.

Local courts in Orange County, where Anaheim is located, may also have specific procedures or sentencing guidelines. Court appearances occur at the North Justice Center in Fullerton for Anaheim DUI cases.

Frequently Asked Questions

What is the difference between DUI and DWI in Anaheim?

In California, the terms DUI and DWI are often used interchangeably, but the official charge is DUI. Both refer to driving while impaired by alcohol or drugs.

What happens to my driver's license after a DUI arrest?

Upon arrest, your license can be confiscated, and you will receive a temporary license. The DMV typically initiates an automatic suspension unless you request a hearing within 10 days.

Can I refuse a breathalyzer or blood test?

You can refuse, but refusal carries its own penalties, including immediate license suspension and potentially enhanced consequences in court.

What are common penalties for a first-time DUI?

You may face fines, a six-month license suspension, DUI education classes, probation, and up to six months in jail, though jail time is less common for first offenses.

Do I have to go to court for a DUI in Anaheim?

Yes, unless resolved in another way, you must appear in criminal court for your arraignment and possibly additional hearings.

Is it possible to get my DUI charges reduced or dismissed?

Sometimes. A lawyer can challenge evidence or negotiate plea deals, potentially reducing charges to a wet reckless or having the case dismissed if rights were violated.

How long will a DUI stay on my record?

A DUI conviction will stay on your California driving record for 10 years and can affect sentencing for future DUIs.

What is an ignition interlock device, and will I need one?

An ignition interlock device requires you to blow into it to start your car, ensuring you are not intoxicated. Some convictions in Anaheim require you to install one, even for first offenses.

Will a DUI affect my insurance?

Yes, your insurance rates will likely increase, and you may be required to file an SR-22, proving you have state-required coverage.

Can I clear a DUI from my record?

It is possible to seek expungement in some cases after fulfilling your sentence. However, the DUI will remain on your DMV record for 10 years.

Additional Resources

If you are seeking information or assistance with a DUI or DWI in Anaheim, consider these resources:

• California Department of Motor Vehicles (DMV) for license issues and hearings
• Orange County Superior Court for court procedures and case information
• Anaheim Police Department for accident and arrest records
• California State Bar for attorney referrals and legal resources
• National Highway Traffic Safety Administration for impairment facts and prevention
• Nonprofit organizations such as Mothers Against Drunk Driving (MADD) for education and support services

Next Steps

If you are facing a DUI or DWI charge in Anaheim, your first step should be to contact a qualified criminal defense attorney with experience in local DUI cases. Record all details of your arrest, request a hearing with the DMV if you wish to contest a license suspension, and attend all court dates. Be proactive in seeking legal advice, keep track of all paperwork, and comply with any instructions from the DMV or court to protect your rights and minimize the impact of these charges on your life.