DWI / Drunk Driving Defense

Enter a brief description of your case

DRUNK DRIVING ATTORNEYS DUI LAWYERS

DUI Lawyer Orange County (Santa Ana, Fullerton, Mission Viejo, Orange, Westminster)

If you have been charged with DUI in Orange County in Santa Ana, Fullerton, Mission Viejo, Orange or Westminster, time is of the essence in more ways than one. At the time of your arrest, the arresting officer most likely took your driver license an issued you a temporary license that is good for 30 days. However it is important to note that you have only 10 days to request a hearing from the DMV. Failure to do so will result in an automatic suspension of your driver license. This hearing is your only chance to keep your license and demonstrate that you were wrongfully arrested. It is important to retain a DUI lawyer in Orange County even before making this appointment -- in other words immediately -- in order to ensure that you are represented at this hearing. A skilled lawyer will often be able to win this hearing and have your license restored. Formed in 1989, the partners at Takakjian, Sowers & Sitkoff LLP are each former District Attorneys and have literally handled thousands of DUI cases.

It is important to note that the DMV hearing and any court proceedings are independent of each other. The DMV hearing relates to the facts surrounding your arrest and DMV’s attempt to take your driver license.

Questions such as the following will be addressed at your DMV hearing:

• Whether or not you took a blood or urine test
• Whether the peace officer had reasonable cause to suspect that you were driving under the influence
• Whether you were placed under lawful arrest
• Whether you were operating motor vehicle while your blood alcohol content (BAC) was at or higher than 0.08%
• Whether you were informed of the consequences of failing to submit to or complete a blood or breath test

Note that regardless of the findings of the DMV, the facts and judgments from this hearing do not determine your guilt or innocence. However, it is still important to retain the services of a DUI lawyer in Orange County for this hearing to ensure the best chance of prevailing.

If, following the DMV hearing, the suspension of your license is sustained, several factors can influence the period of suspension. If you're older than 21 (in other words, of legal drinking age) you submitted to a blood or breath test, with a result of 0.08% BAC or higher, and this is your first offense, your license will be suspended for four months though call us for information on how you can qualify for a “Restricted License” allowing you to continue to drive to work! A second or subsequent offense within ten years of the previous offense carries a one-year suspension. If you are under 21, and the test results that show a BAC of 0.01% or more will carry a one-year suspension for first offenses.

Refusal or failure to complete a blood or breath test (or urine tests, if applicable) can result in even higher penalties. A first offense will result in a one-year suspension, second offenses within ten years result in a two-year suspension, and third and subsequent offenses carry a three year revocation. Your Orange County DUI lawyer at Takakjian, Sowers & Sitkoff LLP can explain the possible suspension periods in more detail.

And please call us to learn if your driver license is suspended, that you may be eligible to apply for a restricted license allowing you to drive to and from work, during the course and scope of employment, and to and from an alcohol program. While you do not need a hearing to apply for a restricted license, your license can still be suspended for a mandatory period of 30 days to one year before you're allowed to drive on a restricted license. For Santa Ana, Fullerton, Mission Viejo, Orange or Westminster ask your Orange County DUI lawyer at Takakjian, Sowers & Sitkoff for more information about restricted licenses. To arrange a free consultation, please call us at (888) 579-4844 so we can stop the automatic driver license suspension.