DUI Trial: Your Right To Subpoena Witnesses

Criminal Defense Attorneys  in Orange County

Once you have been charged with a DUI, DUI drugs, Domestic Violence, or any other crime in Orange County, you have certain rights. One of your rights, guaranteed by the confrontation clause of the Sixth Amendment of the United States Constitution is the right to compel witnesses to testify at your trial. Your DUI Attorney in Orange County compels witnesses to testify by issuing a subpoena. A subpoena is an Order from the court, compelling the witness to show up on a specific date at a specific time or be arrested for contempt of court. The District Attorney also has the right to issue subpoenas to compel witnesses to come forth.

As a criminal defendant facing charges for a crime such as theft, drug sales, or Criminal Threats, you also have the right to compel third-parties to produce records or other documentary evidence in your case. To do so, your Orange County criminal defense lawyer will issue a subpoena duces tecum. For example, if you are charged with felony DUI after consuming some drinks at a restaurant, your Orange County DUI Attorney can issue a subpoena duces tecum for the receipt showing how many drinks you purchased that night. Your lawyer can also issue a subpoena duces tecum for any surveillance video to show that you were not staggering or showing any signs of alcohol impairment.

Subpoenaing witness who live out-of-state can be done but is a little more difficult. Say, for example, that you are involved in a physical altercation and there is a witness who saw you defending yourself. If the district attorney charges YOU with Corporal Injury, then your criminal defense lawyer in Orange County can, through the Uniform Act to Secure the Attendance of Witnesses From Without the State in Criminal Cases, request a California judge to issue a certificate stating that the out-of-state resident is a material witness in a prosecution pending in California. This certificate is then presented to a judge in the appropriate county of the foreign state. That judge can compel the witness to attend the California proceedings. The foreign judge may first hold a hearing to determine if the subpoena should be issued.

Witnesses who do testify are entitled to witness fees of between $12 and $18 per day as well as reasonable travel expenses. Code of Civil Procedure Sections 1985(b) and 1987.5. the witness fees and travel expenses are not paid by you or your defense attorney, but are paid by Orange County.

If you face charges for a crime in Orange County, call The Law Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential telephonic consultation. Or visit us online at www.criminalandduidefenseinorangecounty.com. We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Attorneys in Orange County

Trial Rights: Sometimes A DUI Trial Is Not So Speedy

DUI Lawyer in Orange County                          

If you are arrested for DUI, or any other misdemeanor offense such as domestic violence or  theft, you have the right to a public trial by jury within 30-45 days of arraignment. (Penal Code Section 1382(a)). The arraignment is typically the first court appearance that you and your criminal defense lawyer in Orange County will attend. In most misdemeanor cases your DUI defense lawyer will be able to attend your arraignment, and all other court appearances, on your behalf.  At the arraignment, the judge will inform you (or your DUI Attorney) of the charges against you. The judge will also determine whether bail should be required in your case or whether an “own recognizance” release was appropriate.  The judge will also tell you that you have the right to a speedy and public trial within 45 days (if you are out of custody) or 30 days (if you are still in the Orange County jail.

In most cases, if the defendant is not in custody, their Orange County DUI lawyers will “waive” the right to trial within 45 days and enter a “general time waiver”. This gives the defendant’s   criminal defense lawyers in Orange County time to review the evidence in the case and prepare for trial. Once your case is ready for trial, you and your  DUI Lawyer will pick a date for trial. The average time of a DUI trial is about three to four days. So, ideally, if your criminal trial were to start on a Monday, you would know to take four days off from work for the trial. Unfortunately, it just doesn’t work that way.

Penal Code Section 1382(a)(2)(B) says that once a criminal defendant and their  Orange County DUI Lawyer show up on the day set for trial and announce that they are ready, the court must start that trial not immediately, but within 10 days. So if you come to court on Monday for your DUI trial, the trial may not start until the following Thursday. In fact, in my personal experience it is RARE for the judge to start the trial on the first day. (Called zero of ten)

The most common causes for the delay is the lack of available courtrooms. The criminal justice system is very busy and recent budget cuts have exacerbated the problem. There are often other defendants in line also waiting to start their trial for DUI, drugs, domestic violence or hit and run. Other times it is the District Attorney who is not ready to proceed. In that case, the judge is supposed to hold a hearing to determine if the DA has good cause for the delay but, in practice, that is rarely done. Most judges automatically grant a delay (continuance) within the ten-day period. Since you only know that the trial will begin sometime within a ten day period, for a four-day DUI trial, a defendant and their DUI Lawyer in Orange County must keep 13 consecutive work days available for trial.

One way around this huge financial hurdle is for the defendant to waive their personal appearance at trial. Most judges recognize the unfairness to a defendant of having to miss that much work and will grant the request as long as the defendant and their Orange County criminal defense lawyer agree to “stipulate” to the identity of the defendant—that you are the one the officer arrested.

If you have been arrested for DUI, DUI with injury, DUI with priors, or any other crime in Orange County call The Law Offices of EJ Stopyro at (949) 559-5500 for a free telephonic consultation to learn your options and the DUI penalties. We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627; and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Attorney in Orange County

Under The Influence: Different Standard for DUI and Drug Charge

Drug and DUI defense lawyers in Orange County

Often, when the police make an arrest for DUI when the driver is under the influence of drugs instead of alcohol (DUI drugs), the District Attorney will file charges for DUI (California Vehicle Code Section 23152(a)) and for being under the influence of a controlled substance. (Health and Safety Code Section 11550). This latter charge is troublesome because it carries a mandatory 90-day jail sentence. This jail sentence can be avoided in cases where the defendant has no prior drug convictions—POSSESSION, drug sales, manufacturing drugs, etc. If the defendant has no prior drug charges then they can do drug diversion counseling instead of the 90-days in the Orange County jail.

DUI Attorney in Orange County know that it is also very easy to convict someone of being under the influence of a controlled substance. The DA simply must prove that the defendant willfully and unlawfully used a controlled substance a short time before their arrest OR that the defendant was willfully and unlawfully under the influence of a controlled substance at the time of the arrest. (Calcrim 2400 jury instruction). Of course, a prescription for the controlled substance is a complete defense to the charge. But if the defendant doesn’t have a prescription, then the DA may have an easy conviction.

The blood test conducted shortly after arrest will show the presence of the controlled substance. Typical controlled substances include Zanex, Valium, Methamphetamine, cocaine, heroin, and marijuana. Because the blood test shows the presence of the drug, there isn’t much room for your Orange County DUI Attorney  to argue that you didn’t use the drug. However, a blood test will not show when the defendant used the drug so the DA usually will also have to show that the defendant was “under the influence” of the drug. But the standard for being “under the influence” for purposes of this crime (H&S 11550) is much lower than the level of impairment required to convict a person of DUI. For an 11550 charge the DA need only show that the controlled substance had “appreciably affected a person’s nervous system, brain, or muscles or has created in the person a detectable abnormal mental or physical condition.” (Calcrim 2400)

Compare this to the impairment that must be shown to convict someone of a DUI. The DUI standard requires the District Attorney to show that as a result of consuming drugs, the driver’s mental or physical abilities were so impaired that he or she was no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.  (Calcrim 2110) Thus, the level of impairment that must be proven by the DA is much greater for a DUI charge than for a being under the influence charge. Therefore, in a Drug DUI case where a defendant is also charged with being under the influence (H&S 11550) a DUI Lawyer in Orange County will often attempt to negotiate a deal where the DA dismisses the being under the influence charge in exchange for a guilty plea to the DUI. This avoids the mandatory 90-day jail time.

If you have been arrested for DUI or DUI drugs, call The Law Offices of EJ Stopyro today at (949) 559-5500 for a free telephonic consultation with a dui lawyer. We’ll explain your options and possible defenses. You can also visit our website at www.EJEsquire.com. We have offices at:

1901 Newport Blvd.

Suite 350
Costa Mesa, CA 92627

32072 Camino Capistrano

2^nd floor
San Juan Capistrano, CA 92675

Orange County drug defense attorneys

Penal Code Section 148(a): Resisting Delaying Or Obstructing a Peace Officer

DUI and Criminal Defense Attorneys in Orange County

When the police investigate a crime, be it a DUI, drug possession, Domestic Violence, theft, or any other crime, they seem to expect the people they detain to automatically acquiesce to their every demand—whether the detention is legal or not. Criminal defense lawyers in Orange County know that when police officers in Orange County, including the Orange County Sheriff’s department as well as the city police agencies throughout the county, come across someone who questions their authority to detain them, the officers are likely to use force on the citizen. Then, to make things worse, the officers are likely to arrest the “uncooperative” citizen for violating section 148(a) of the California Penal Code—resisting, delaying or obstructing a peace officer in the performance of their duties. Often, this ends up being the only charge against the citizen who was not engaged in any other criminal activity.                               

Penal Code section 148(a) states that every person who willfully resists, delays, or obstructs any peace officer in the discharge of attempt to discharge a duty shall be punished by up to six months in the Orange County jail and a thousand dollar fine. The language of the statute is very broad and quite vague which can make it difficult for your Orange County criminal defense lawyer to defend the charge. However, court decisions interpreting the statute make it clear that in order to convict a person of this crime the cop must be engaged in performing a “lawful” duty. This means that if the cop detains someone illegally, the person detained cannot be found guilty of this offense. This rule is premised on the notion that because an officer has no duty to take illegal action he is not engaged in his “duties” if his conduct is unlawful.      

A police officer can detain someone to investigate any crime such as robbery, drug sales, DUI drugs, or domestic battery only if the person consents to the detention or if the officer has specific and articulable facts that the person being detained has been, is in the process of, or is about to be in involved in criminal activity and a reasonable officer who knew the same facts would have the same suspicion. Otherwise, the detention is illegal and should be challenged by your DUI Lawyer in Orange County.

If a cop makes a lawful detention for criminal threats, DUI with injury or any other crime and decides to arrest the detainee, the cop may use reasonable force to effectuate an arrest. Penal Code Section 692, 693. However, excessive force in effectuating the arrest makes the arrest unlawful. People v. White (1980) 101 Cal.App.3d 161. When a police officer uses excessive force, the arrestee has the right to use force in self-defense as long as the force is reasonable.

Police officers who use force on the people they arrest almost always request the District Attorney include the charge of resisting under section 148(a). That way, if the person is found guilty of or pleads guilty to the resisting charge, they will not be able to sue the cop civilly for violating their constitutional rights. A guilty plea to this charge bars such a suit. That’s why experienced Domestic Violence Lawyers in Orange County will counsel their clients NOT to plead to the charge if a civil suit for police misconduct is viable.    

If you are charged with any crime in Orange County and would like a free consultation with an experienced criminal defense lawyer in Orange County, call The Law Offices of EJ Stopyro at (949) 559-5500 today. The consultation is confidential. Or visit our website at www.EJEsquire.com. We have office locations at 1901 Newport Blvd., Suite 350, Costa Mesa, CA, 92663 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

 

DUI and Criminal Defense Attorneys in Orange County

Hit And Run: Restitution Regardless Of Fault

Criminal Defense Lawyers in Orange County

It is the law in California that if you commit a crime that causes financial loss to the victim of the crime, then the victim is entitled to restitution for their loss. This is the case whether the crime is Domestic Violence, theft, burglary, Robbery , DUI, assault and battery, hit and run or any other offense. California Constitution, Article I, Section 28 (prop. 8) makes the victim’s right to restitution a constitutional right. Moreover, California Penal Code Section 1203.1 provides that when a defendant is given probation the court will provide for restitution in proper cases. Thus, in most cases, when your   criminal defense lawyer in Orange County negotiates a deal with the District Attorney DA for settling your case, the deal must include a condition that you make restitution to the victim as ordered by the Superior Court.                                

It makes sense that a person who commits a crime that results in loss to a victim should pay restitution to the victim. Orange County criminal defense attorneys rarely object to these restitution orders because of the inherent fairness to them. For example, if a defendant embezzles funds from his or her employer, then it’s only fair that the defendant pay the money back. Or, in a domestic violence case, in seems obvious that the victims of Domestic Battery should not recover money from the defendant for the costs of having their injuries treated—whether physical or emotional. Even a DUI case presents an obvious scenario where property damaged by a drunk driver should be repaired or replaced by the drunk driver.

But the courts have taken the restitution provisions even further by interpreting them to allow for restitution for losses not caused by the defendant. For example, in the case of a hit and run (CVC 20002), sometimes the damage that results is NOT the fault of the driver who fled the scene. The accident occurs BEFORE the crime of leaving the scene and therefore the damage that results is almost never the RESULT of the crime. The crime of leaving the scene without exchanging information doesn’t CAUSE the damage. So, for example, Dan is in a hurry and is lawfully driving through a green light when he is struck by Victor, who has run a red light. There is minor damage and Dan decides to leave the scene to make his appointment. Dan was NOT at fault. However, Dan did commit the crime of hit and run. But the damage to Victor’s car was not caused by the crime of hit and run.

This scenario presents a clear picture where restitution should not be ordered. Yet, in the case of People v. Carbajal 10 Cal.4^th 1114, the California Supreme Court held that restitution can be ordered for losses that are “reasonably related to the criminal activity” even though not caused by the activity in order to deter such conduct and to rehabilitate the offender.  In Carbajal, the defendant struck and killed a pedestrian who was illegally crossing the highway. It was determined that the victim was completely at fault. Yet the defendant was still ordered to pay restitution to the victim’s family and to the hospital that treated him before he died. Thus, restitution laws in California are tricky and restitution hearings should be handled by an experienced  criminal defense attorney.  

If you are facing charges for any crime in Orange County call The Law Offices Of EJ Stopyro at (949) 559-5500 for a free and confidential consultation. Or visit our website at www.EJEsquire.com. We have offices at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Attorneys in Orange County

DUI Probation: Any Alcohol Means A Suspension

DUI Lawyer in Orange County

California Vehicle Code Section 23154 makes it a crime, albeit an infraction, for a person who is on DUI probation to drive with any alcohol in their system. In order to be found guilty of this offense, the DA must prove: 1) you were driving while on probation for a DUI; 2) you had consumed an alcoholic beverage; and 3) you had a blood-alcohol concentration of 0.01 percent or greater at the time of driving. However, section 13389 of the vehicle code requires that the driver be “lawfully detained” in order for the officer to have authority to require a test. If the initial detention was not legal, then your DUI attorney in Orange County  can bring a suppression motion to have the charge thrown out.

If a driver on DUI probation tests positive for alcohol, Vehicle Code Section 13389 directs the police officer to seize the driver’s California driver’s license and issue the driver a temporary license—which also operates as a notice of license suspension. If the driver doesn’t request a  DMV hearing within 10 days, then the suspension will be imposed starting 30 days after the traffic stop.

If the driver, or the driver’s   Orange County DUI Attorney does request a hearing, then the DMV hearing will be held at the DMV Driver Safety office in Orange, California. The issues at the hearing are found in California Vehicle Code Section 13353.2 as follows:

1)      The driver was driving the vehicle;

2)      The driver was lawfully detained;

3)      The driver was on probation for a prior DUI;

4)      The driver had consumed an alcoholic beverage; and

5)      The driver had a blood-alcohol content of at least a 0.01 percent as measured by a breath test or a blood test at the time of driving.

A review of these issues is required under Vehicle Code Section 13557. If you or your   DUI Attorney lose the hearing, then the suspension will be imposed. If the driver has no prior refusals, then the suspension is a one-year suspension with an opportunity for a restricted license after 90 days. If the driver does have a prior refusal, then the suspension is at least one year long with no possibility of a restricted license.

Of course, driving with alcohol in your system is also a violation of your DUI probation and subsequent court proceedings may result in you serving time in the Orange County jail. Therefore, it may be important for you to get the help of a  DUI Lawyer.     

If you have been arrested for violation your DUI probation, for a DUI, or for a drug DUI call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation. We have offices at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675. Or visit our website at www.EJEsquire.com.          

DUI Attorneys in Orange County

The “Rising” Defense: The Importance Of A Sobriety Witness

Orange County DUI lawyers    

The “rising” defense is commonly used by DUI Attorneys in Orange County when a client has a relatively low blood-alcohol level and the client’s drinking pattern is appropriate for the defense. As the name implies, a rising defense is an assertion that the blood alcohol level of person arrested for DUI was actually below a 0.08 percent at the time of driving but because the blood alcohol level was rising during the arrest procedure, by the time the driver took a blood test or breath test the blood alcohol level was at or above the legal limit. The rising defense can be very effective with a jury but almost never prevails at the  DMV hearing.

The “drinking pattern” is simply what the driver drank and ate and when this was consumed. So, for example, imagine that a person drank three drinks between 11pm and midnight, finishing the last drink at midnight. The person also snacked on some food during this hour. Then, the person gets in his car at 12:15 and drives home. But before getting home, the driver is stopped for a traffic or equipment violation. When the officer smells an odor of an alcoholic beverage coming from the driver, the officer asks the driver to do some field sobriety tests like the walk-and-turn test, the rhomberg test, and the nose touch test. The driver complies. Then, after a complete DUI investigation, the CHP officer arrests the driver for DUI.

The officer then advises the driver that he must submit to a blood test or   breath test under California’s implied consent law. The officer also tells the driver that he does not have the right to have his DUI Lawyer present before he chooses a test. The driver chooses the blood test and the highway patrol officer takes the driver to the station for a blood test. By the time the blood has been drawn from the driver it is 2:00. The blood test result for the driver is 0.09 percent—just barely over the legal limit. Based on this, the District Attorney charges the driver with a DU.

This scenario presents any experienced DUI Lawyer in Orange County with an excellent opportunity to use the rising defense. In this scenario we know that the driver’s blood alcohol level is over the legal limit—but NOT at the time of driving. Rather, he is over the limit while sitting in a police station—which is NOT a crime. The question then becomes “what was the driver’s blood alcohol level AT THE TIME OF DRIVING?” A forensic analyst will show that under these facts, most of the alcohol was actually in the driver’s stomach at the time of driving. The driver’s actual blood alcohol level was actually well below the legal limit. Moreover, because the driver ate food while drinking the absorption of alcohol into his blood will be further slowed down.                                             

The final piece that your Orange County DUI Lawyer will want to present in a rising defense is a sobriety witness. This is somebody who saw the driver near the time of driving and who can testify the driver did NOT appear to be intoxicated—no slurring of the speech, no red eyes, no problems with coordination. Preferably, the sobriety witness will be a neutral person with no affiliation to the driver. Waiters and bar tenders often make good sobriety witnesses. The sobriety witness will confirm your Orange County DUI Attorney’s assertion that you were not impaired at the time of driving.

If you are being charged for a DUI, DUI drugs, OR DUI with injury, call The Law Offices of EJ Stopyro today at (949) 559-5500. You can speak with an experienced DUI Attorney and discuss what will happen in COURT and what your options are. Or visit our website at www.EJEsquire.com.

DUI Attorney in Orange County

Hit And Run: Sometimes Driving Away Is OK

Criminal defense lawyers in Orange County

California Vehicle Code Section 20002 requires a driver involved in and accident that results in damage to any property other than the driver’s own vehicle to immediately stop.  Orange County criminal defense lawyers know that you must then either:

1)      locate and notify the owner or the person in charge of the damaged property of the drivers name and address and, if requested, also present their driver’s license and vehicle registration; or

2)      Leave a note with this information in a conspicuous place AND call the police and report the accident without unnecessary delay.

Failure to do these things may lead to a conviction for hit and run which has pretty stiff penalties. A first-offense is punishable by a thousand dollar fine AND six months in the Orange County jail.

This seems pretty straight forward and simple, but any hit and run attorney will tell you that the facts of any specific case can complicate things. For example, in a recent case at the Harbor Justice Center, my client was charged with a hit and run after he was involved in a fender-bender in Newport Beach. In this case, the accident happened at a very busy dead-end street right where the beach begins. My client was at the end of the street backing out of a red zone. There was absolutely no parking available and there were lots of cars congesting the street.

In this case, the other driver was unloading beach gear from her car when the accident happened. My client acknowledged the accident and drove his vehicle away from the scene in order to get out of traffic. He parked at the closest available parking spot, which was a few blocks away. When me my client walked back to the accident scene, the driver of the other car was nowhere to be found. Based on the very minor nature of the accident and the unresolved question of who was at fault (the other car was also moving at the time), my client assumed that the other driver was not interested in exchanging information and she left the scene. However, the other driver had actually called the Newport Beach police and reported this as a hit and run. When the cops arrived, my client was nowhere to be found. When he was charged, he called his  hit and run lawyer. 

Now, at first blush, it sounds like my client didn’t stop right away. But a knowledgeable  criminal defense lawyer in Orange County  will tell you that sometimes you don’t have to stop right away. Vehicle Code Section 20002 says that a driver must immediately stop “at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists”. Anyone who knows Newport Beach knows that finding a place that does not impede traffic on a summer day is not easy. Once we presented our intended defense that my client was simply complying with this provision of the law, the   District Attorney agreed to drop the charges and completely dismiss the case if my client took  a class on personal responsibility.

If you have been charged with a hit and run, or perhaps a hit and run in conjunction with a DUI, then call The Law Offices of EJ Stopyro today at (949) 559-5500 to speak to an experienced  Orange County criminal defense lawyer. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.  

DUI Attorney in Orange County

Blood Or Breath: Sometimes You Don’t Have A Choice

DUI Attorney in Orange County

If you are ever unfortunate enough to get arrested for a DUI in Orange County, whether after being pulled over for a traffic violation, at a DUI checkpoint, or after an accident, the officer who arrested you for DUI will almost always tell you that you must submit to either a blood test or a breath test in accordance with California’s Implied Consent law. (California Vehicle Code Section 23612). However, you Orange County DUI Lawyer will tell you that the officer doesn’t always have to give an arrestee the choice. In some instances, a person arrested for DUI will be required to take a blood or urine test instead.

According to Section 23612 if the police officer who arrested you for DUI has specific and articulable facts that indicate that you may be under the influence of drugs, instead of or in addition to alcohol, then the arresting officer can require that you submit to a blood test. If you refuse to take the blood test then even if you did submit to a breath test you can be charged with a refusal. A refusal charge will typically lead to a longer period of suspension and perhaps even mandatory time in the Orange County jail if you are convicted of a refusal in the court proceedings.

DUI Lawyers in Orange County will tell you that other instances of when a police officer can require a person to submit to a blood test after they have been arrested for a DUI or drug DUI is when the arrested person cannot complete a blood test. For example, if the person arrested for DUI has a blood condition reducing the clotting ability of their blood, then they may, if the officer knows facts indicating drug use, require the arrestee to submit to a urine test. Also, in the case of an accident, when the driver is suspected of impairment by either drugs or alcohol or both, but where the driver is unable to submit to a breath test because of injury, then that person can be required to take a blood test or urine test.

The Implied Consent law also says that the police officer who arrests you for DUI must tell you that you do not have the right consult with your Orange County DUI Attorney before deciding which test to take and that you do not have the right to have your DUI Lawyer present during the test.

If you have been arrested for a DUI and would like to consult with an experienced DUI Attorney, call The Law Offices of EJ Stopyro today at (949) 559-5500 for a free telephonic consultation. The call is completely confidential. Or visit our website at www.EJEsquire.com. We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627; and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Attorneys in Orange County

A Prior Felony DUI Will Make A New DUI Charge A Felony

DUI Lawyer in Orange County

If you have a felony conviction on your record for a prior DUI offense, including DUI with injury, then it behooves you to be extra careful about driving with ANY alcohol in your system. Any skilled Orange County DUI Attorney will tell you that California Vehicle Code section 23550.5 says that if you have a prior felony violation for DUI  within the past ten years, then any DUI charge, even a DUI where there is no accident or injury, can be charged as a felony and you could be sentenced to serve time in the California state prison.

So, for example, Dan had a DUI in 2004 where he had an accident and somebody was hurt. Because of the injury to another person, Dan was convicted of a felony DUI under California Vehicle Code section 23153. Because this was a first offense, Dan’s  DUI Attorney in Orange County  was able to get him probation and Dan never actually served any time in Orange County jail. However, the conviction was still for a felony DUI. Then, nine years later in 2013, Dan was long past probation and the felony DUI seemed to be in the distant past. Dan was driving home from a party and was stopped because his taillight was not working properly. The officer smelled alcohol on Dan and noticed his red, watery eyes and a slight slur of his speech.  After submitting to field sobriety tests and a preliminary alcohol screening test (voluntary breath test), Dan was arrested for DUI. His blood test showed a blood-alcohol level of 0.09 percent. Although there was no accident, no injury, and no other circumstances of the DUI to justify enhancing the penalties such as a child in the car or excessive speed, Dan was charged with a felony DUI and faced a prison sentence of up to three years. This is the impact of California Vehicle Code section 23550.5.

Another example is found in the recent case of People v. Barclay decided by the 6^th District court of appeal on 7/11/2013. In that case, Barclay was arrested for a DUI and his blood alcohol level was measured at 0.15 percent. However, Barclay had a prior felony DUI violation as a juvenile within the past ten years. Although Barclay’s DUI Attorney skillfully argued that juvenile charges shouldn’t count because they are technically not “convictions”, the court held that even a juvenile violation of the DUI laws counts under section 23550.5 and Barclay was therefore convicted of a felony DUI. Moreover, a conviction under section 23550.5 requires revocation of the defendants driving privileges and designation as a habitual traffic offender for three years.

If you face charges for DUI or DUI with injury, call The Law Offices of EJ Stopyro at (949) 559-5500 and speak to one of our skilled and experienced DUI Attorneys in Orange County.

We have office locations at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675. You can also visit our website at www.EJEsquire.com.

DUI Attorneys in Orange County