Thursday, January 29, 2015

DUI Arrest: Use Ridesharing Services to Avoid a DUI

As a DUI Lawyer in Orange County with over a decade of experience handling DUI’s in the
Orange County courts, I’ve noticed a common theme among my clients who were
arrested for a
DUI: regret. Not regret at the fact that they got caught
driving drunk, but regret that they got behind the wheel of their car and took
a chance on driving when they knew they shouldn’t.






This simple decision
to drive is risky. It can be followed by a traffic stop by the police. Perhaps
some minor traffic violation or maybe some equipment violation, such as a
broken tail light or inoperative license plate lamp. Now the cop comes to your
window and smells alcohol on your breath. This almost certainly means that you
will now be asked to do some kind of field sobriety test and asked all kinds of
question about what you drank and ate. This can also be followed by a request
that you take a “voluntary” breath test—which you should NOT take. And then the
next thing you know you find yourself arrested for DUI.


The truth is
that most of us have been there. We have had a drink or two or three and now we
must decide whether we should drive home or find another way to get there. Do
we risk being stopped and perhaps arrested for a DUI. We go through our options—I
could call a friend or significant other for a ride, I could take a taxi, or I
could walk or take a bus. Of our options a taxi is usually the most attractive.
But they are expensive and sometimes they don’t even come after you’ve called
for one. But these days there is a new, less expensive and perhaps even more
reliable option; ridesharing. Services like Lyft, Uber and Sidecar provide
quick and inexpensive transportation home with no risk at all of getting
arrested for DUI. The minimal cost of a ride pales in comparison to the cost of
hiring a
DUI Attorney in Orange County, not to mention the thousands of
dollars in court fees,
Alcohol program, and insurance increases.


The next
time you have been drinking and you face the choice of driving and risking a
DUI arrest, consider the ease and frugality of using a ridesharing service. If
you are arrested for DUI, call The Law Offices of EJ Stopyro at (949) 559-5500 for
a confidential and free telephonic consultation with an experienced
DUI Lawyer in Orange County. You can also visit us at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.

Monday, January 26, 2015

DUI Arrest: Penalties For a First-Offense DUI

It usually starts with a traffic stop for some minor traffic violation or a random stop at a dui checkpoint. Then the officer detects an odor of alcohol, the redness in your eyes, and even perhaps a slight slur of your speech. The next thing you know the officer is conducting a full blown DUI investigation on you, complete with incriminating questions, field sobriety tests and a request for you to take a “voluntary” breath test. Then the cop puts handcuffs on you and tells you that you are under arrest for suspicion of DUI. The cop will tell you that you must submit to a breath or blood test and that you don’t have the right to consult with an Orange County DUI Attorney before taking the test.

Then the long uncomfortable car ride to the police station, the handcuffs digging into your wrists the whole way. In this situation most arrestees are wondering what will happen to them if they are convicted of DUI. Assuming their DUI Lawyer cannot get the case dismissed or reduced to a wet reckless, then the arrestee will be subject to statutory penalties for breaking California’s DUI law. (California Vehicle Code Section 23152/23153)

The penalties for a first-offense DUI include the following:

1)      Up to six months in the county jail;

2)      Fines and fees up to around $5,000.00;

3)      Completion of an Alcohol program at the driver’s expense;

4)      Three years of informal probation during which time the driver cannot drive with ANY alcohol in his or her system;

5)      Driver’s license suspension up to ten months from the DMV (unless your Orange County DUI Lawyer wins the  DMV hearing; and

6)      Restitution if there was an accident or injury.

These are the penalties for a first-offense DUI and they get much worse for a second-offense DUI or greater.

Clearly, the six months of possible jail time is the scariest of the penalties. However, this jail time is not mandatory but is subject to the discretion of the judge. In Orange County, most first-offense DUI defendants are spared any jail, unless there are particularly egregious circumstances such as an accident, a child in the car, greatly excessive speed, or fighting with the police. Otherwise, a first offense DUI is typically punished with no jail time, the minimum fines of around $2,200.00, and an ALCOHOL PROGRAM. The length of the alcohol program depends on the defendant’s blood or breath alcohol level. A 0.14% or lower will be punished with a three-month alcohol program. A blood or breath alcohol level of 0.15% to 0.19% will draw a six month alcohol program, and a level of 0.20% or greater must, by law, be punished with a nine month alcohol program.

If you or someone you love has been arrested for DUI, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced Orange County DUI Attorney. You can also visit us at www.ejesquire.com. We have offices in Costa Mesa and at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.

Friday, January 23, 2015

Wet Reckless: When The Blood or Breath Evidence is Close

When I consult with people who have been arrested for DUI, whether a drug DUI or an alcohol DUI, one of the possibilities that we discuss is getting the charge reduced. Sometimes, if the DUI case isn’t too strong or if the defendant has a strong defense, the District Attorney (DA) will offer to reduce the charge. Reduced charges include the wet reckless, dry reckless, or even a traffic violation, such as speeding. Sometimes, having the aid of an DUI Lawyer in Orange County can result in the charge being reduced.

One of the most common reason for reducing happens when the blood or breath-alcohol level of the defendant was close to the legal limit. But usually, just having a low blood or breath-alcohol level isn’t enough to persuade the DA to reduce. You see, the DA doesn’t usually reduce a DUI charge out of empathy or compassion. Rather, they will offer a reduced charge when the defendant, or the defendant’s DUI Attorney in Orange County, convince them that the case is weak or the defense is strong. In the case of a low breath or blood-alcohol level, where the level is just a little above the legal limit of 0.08%, there may be room for your DUI ATTORNEY to argue a “rising defense”.

This defense relies on the fact that blood alcohol levels are always changing in a person. And in a DUI case we are really only concerned with what the defendant’s blood-alcohol level was AT THE TIME OF DRIVING. Now, most blood tests are given more than an hour after the time of driving. So the test only shows what the driver’s blood-alcohol level was long after the time of driving So if the defendant’s blood-alcohol was rising when he was arrested and the test more than an hour after the time of driving was a 0.08%, then there is plenty of reason to believe that the blood-alcohol level was much less at the actual time of driving.  This is known as a rising defense and a skilled DUI defense Lawyer can use it effectively at trial. That’s why the DA will sometimes offer to settle the DUI case for a wet reckless.

Relatively low blood alcohol evidence is not the only reason that the DA will sometimes offer to reduce a DUI charge to a lesser offense. Other weaknesses in the case will also sometimes result in a reduced charge when the weakness is exploited by an experienced DUI Lawyer. For example, sometimes the facts of the case presents grounds for your DUI Attorney to file a suppression motion, requiring the DA to prove that there was reasonable suspicion to justify the warrantless stop or the defendant in the first place. This is another instance where the DA will sometimes offer a reduced charge rather than risking a loss at the hearing on the suppression motion.

If you face charges for a DUI in Orange County, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation. You can also visit us at www.ejesquire.com. We have offices in Costa Mesa and 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.

Monday, January 19, 2015

DUI Arrest And The Forced Blood Draw

If you are stopped by a police officer for a traffic violation or at a DUI CHECKPOINT, the officer will conduct a DUI investigation if he or she believes that you have been drinking alcohol or any drugs, whether prescription or not. This DUI investigation usually includes some preliminary questions about what and when you drank, health problems, and personal information. This is usually followed by a “request” that you perform some voluntary field sobriety tests. Then follows a request that you voluntarily take a breath test. After all this, if the officer believes that you are too impaired to drive safely, they will arrest you for DUI. And it should be noted that you should NOT answer questions about what you drank or agree to take any field sobriety tests or a voluntary breath test without personally consulting with your Orange County DUI Attorneys.

Once the officer arrests you for DUI, they will advise you that under California’s implied consent law found at section 23612 of the California Vehicle Code, you MUST agree to submit to either a blood or breath test. (However, if the officer has reason to believe that you have taken drugs, the officer can limit your option to a blood test) The officer will tell you that you do not have the right to consult with your DUI Lawyer in Orange County before choosing the breath or blood test. The officer will also advise you that if you refuse take the required test the DMV will suspend your driver’s license for a minimum of one year with no eligibility for a restricted license. And all of this is true.

Moreover, the United States Supreme Court held in the case of Missouri v. McNeely that when someone refuses to comply with the implied consent law by submitting to the required test, the police can acquire a warrant from the court to take a blood sample from the arrested person. Yes, that’s right. The police will get a search warrant and literally strap you down and take a blood sample. Now, the police will have the blood evidence to use against you for the DUI AND you will also be charged with a refusal. So, Orange County DUI lawyers know it is NOT a good idea to refuse to take a blood or breath test AFTER you have been arrested for DUI.

In some special cases the police don’t even need to get a warrant. If the cops can point to “exigent circumstances” that required drawing a defendant’s blood without a warrant, then the court will excuse the requirement. Of course the warrantless search will usually be challenged by the defendant’s DUI Attorney in Orange County at a suppression motion.
If you have been arrested for DUI, it is essential that you seek the counsel of an experienced DUI Lawyer. Call The Law Offices of EJ Stopyro today at (949) 559-5500 for your free and confidential telephonic consultation. You can also visit us at www.ejesquire.com. We have offices in Newport Beach and San Juan Capistrano.

Thursday, January 15, 2015

DUI License Suspension: The Court Cant Help You


The
penalties for a
DUI are plentiful and severe. They include jail time in
the Orange County jail, successful completion of an
Alcohol program (the length of which depends on
whether you have any prior DUI convictions within the past ten years, what your
blood-alcohol level was, and whether you agreed to take a blood test or breath
test as required by law or
refused to take the test), steep court fines
and fees, increased insurance costs, attorney fees to hire an
Orange County DUI Attorney (unless you are indigent and qualify for a public defender
or decide to represent yourself after consulting with a
DUI Lawyer), and a license suspension.





While jail
time is clearly the worst of these consequences of a DUI, the driver’s license
suspension is a close second. For most first-offense DUIs in Orange County there
is no actual jail time imposed—although there is a potential six-months of jail
time that a judge CAN impose. So for most first-offense DUI defendants the
suspended driver’s license is the worst consequence of the DUI. In fact, after
consulting with their
DUI defense Attorneys in Orange
County
most people
charged with a DUI are amazed at how long the suspension of their driver’s
license is and how few the exceptions are. Most people assume that because
driving is pretty much essential to making a living and fulfilling one’s
obligations the judge will help them out by allowing them to drive to work,
pick up their kids and do other essential driving.


Unfortunately,
the judge is actually powerless to help a DUI defendant get a restricted
license. No matter how convincingly your
DUI defense Attorney requests a judges help, none will be forthcoming. While a
judge DOES have the power to tell the DMV NOT to issue a person a restricted
driver’s license—because the judge feels the person is too unsafe and
irresponsible to have one—that same judge has no power over the DMV’s
suspension of a license. In fact, it is the DMV that handles all suspensions of
driving privileges because of a DUI. Any “exception” to the rules regarding
suspension length on early issue of a restricted license must be made through
the DMV. And unfortunately, the DMV officials have NO DISCRETION to grant exceptions.
The length of suspensions is governed strictly by the black and white sections
of the California Vehicle Code.  


If you have
been arrested for a DUI in Orange County and would like to consult with an
experienced
DUI Lawyer in Orange County, call The Law Offices of EJ Stopyro
at (949) 559-5500 for a free consultation. You can also visit us on the web at
www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.

Wednesday, January 14, 2015

Domestic Violence Trial And The Subpoena

When a defendant is arrested and charged with Domestic Violence,
that person has the right to a trial by jury with the assistance of an Orange County criminal defense lawyer.
At that trial the State must prove beyond any reasonable doubt that the
defendant actually committed Domestic Battery
and was not acting in self-defense. Typically, the DA will offer a deal before
trial to persuade the defendant not to take up valuable court resources by
going to trial. If the DA’s case is strong, the deal will not be very enticing.
But if the DA’s case is weak, they will usually offer a very good deal.





Any experienced Orange County Domestic Violence Attorney knows that if the case
does go to trial, the DA’s main evidence will be the testimony of the victim or
of anyone who was actually there when the alleged Corporal Injury
occurred. In many cases, the victim does NOT want to prosecute the defendant
and is reluctant to attend the trial. But the DA will issue a subpoena to the
victim/witness in order to compel their attendance. A subpoena is an order from
the court commanding the person to appear at the trial to testify. Failure to
obey a properly served subpoena can result in the arrest of the subpoenaed
witness and jailing of that witness until testimony is given. The subpoena is
available to both the DA and the defendant. The defendant can also subpoena
witnesses.


However, in California, this power of the subpoena only
activates when the subpoena is properly served. This means that it must be
either personally or when the recipient acknowledges receipt of it. To
personally serve a subpoena means that the server must actually hand it to the
subpoenaed person. But in most cases the DA and the defense simply mail the
subpoena to the subpoenaed person with a request for that person to call and acknowledge
receipt of it. If a person does call and acknowledge receipt of the subpoena by
giving their driver’s license number and date of birth, the subpoena must now
be obeyed by the recipient or they could be arrested and forced to testify at
the domestic violence trial.






If you face charges for domestic violence call The Law
Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
consultation with an experienced Orange County domestic violence attorney. You
can also visit us online at www.ejesquire.com.


 

Sunday, January 11, 2015

Most Common Mistakes You Can Make During A DUI Stop



I’ve been an
Orange County DUI lawyer for nearly 15 years now and I’ve
handled countless DUI cases in the Orange County courts. Having gained an intimate
knowledge of how DUIs are prosecuted and what evidence is most damaging to a
DUI defendant, I’ve notices the common mistakes made by
those who have been investigated for, and subsequently arrested for a DUI.
These mistakes include talking too much, volunteering to provide evidence that
will be used to convict them, and refusing to provide evidence when required to
do so by the law.






1)      TALKING TOO MUCH


When someone
is stopped by the police they have absolutely no obligation to answer any
questions the officer asks, short of providing a valid license, registration
and proof-of-insurance. In fact, the 5th Amendment of the
Constitution specifically guarantees your right NOT to incriminate yourself. So
when a cop stops you and starts asking questions like; where are you going? Where
are you coming from? Have you been drinking tonight? You not only don’t have
any obligation to answer, you have the constitutional right to NOT answer. This
right should absolutely be exercised, especially if you HAVE been drinking. Simply
tell the officer politely that you are exercising your right to remain silent
and NOT answer questions without the help of a
DUI Attorney in Orange County. That’s right! Don’t answer these
incriminating questions. Moreover, if you assert that you are remaining silent
as an exercise of your Constitutional rights, then your silence cannot be used
against you at trial later on.


2)      Volunteering Evidence Against You


Any time a
police officer finds out or believes that you have been drinking or taking any
drugs, including prescribed ones, the cop will want you to perform
field
sobriety tests
 before he can “let
you go on your way”. These tests are VOLUNTARY. That’s right! There is no legal
obligation to take these tests and, if you have been drinking or using any
drugs, you should absolutely decline, politely, to perform these tests without
the presence of your
DUI Lawyer. These tests are notoriously
inaccurate. Moreover, a cop will often see what they want to see. If the
officer decides to arrest you for DUI, he will prepare a written report AFTER
that arrest. When he is writing his report—which includes the field sobriety test
results—he will have a natural bias to defend his decision to have arrested
you.


If the
officer has a hand-held breath-testing device, as more and more officers do,
the cop will ask you to take a voluntary breath test. If you are confused about
whether this test is voluntary, you can simply ask. Since there is no legal
obligation to take the test, if would be foolish to do so if you have any
alcohol in your system. Furthermore, if you have consumed alcohol shortly
before a breath test and the alcohol hasn’t fully absorbed into your
bloodstream, the result will probably read falsely high.


3)      Refusing To Provide Lawfully Required
Breath Or Blood Sample


If the
officer does arrest you, as he or she is likely to do if you don’t answer
questions and don’t perform the voluntary field sobriety tests and voluntary
breath test, then the officer will tell, you that you MUST take either a blood
test or a breath test. This is the law, called the “implied consent” law. At
this point you should comply with the law and agree to take a test. Failure to
do so (a
refusal) will likely result in jail time and
a prolonged
license suspension by the DMV.


If you face
charges for DUI in Orange County, call The Law Offices of EJ Stopyro for a free
and confidential telephonic consultation with an experienced Orange County
DUI Attorney. You can also learn more about DUIs at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.

Friday, January 9, 2015

DUI Arrest: Why Plead “Not Guilty” When I’m Sure I’m Guilty?

Many of the
people who are arrested for a DUI believe that the evidence of guilt is
overwhelming and that there is no point in denying guilt by pleading not
guilty. Moreover, these people usually believe that the judge will actually
hold it against them if they plead not guilty. But any
DUI defense Lawyer in Orange County will tell you that this simply isn’t
true. In fact, it is your constitutional right under the Fifth Amendment to
deny guilt when charged with any crime.






There are
plenty of very good reasons for you (or your
DUI Attorney in Orange County acting on your behalf) to plead not
guilty to a DUI charge. To start with, you may actually be innocent. You see,
the blood or breath test administered to you long after the time you were
driving can only show what your blood-alcohol content was long after the time
you were actually driving. And blood-alcohol levels change over time. So, for
example, when a person’s blood test shows a 0.09% BAC an hour after driving,
their ACTUAL blood-alcohol level would have been .075% at the time of driving
if their blood-alcohol level was rising. This is known as the RISING DEFENSE
and it can actually prove a person’s innocence despite a blood test above the
legal limit.


Furthermore,
pleading not guilty gives your
DUI Attorney time to review all the evidence in the case, such as the
audio/video from the police car. Sometimes this evidence proves that there was
actually no “legal suspicion” to justify the traffic stop in the first place. When
this happens, the defendant’s
DUI Lawyer can file a suppression motion and
get the entire case dismissed. This precious opportunity to review the evidence
and find legal breaches is lost if a person pleads not guilty right away.


Also,
consider that by pleading not guilty you are preserving your precious right to
a trial by jury. This right is valuable and you
Orange County DUI Attorney can negotiate with the District Attorney with it. The
DA does NOT want to spend its valuable person-hours on actually trying a DUI
case. This will take three to four days of full-time attention for a deputy DA.
So your trial right is leverage for your DUI Attorney to get you a better deal,
with lighter punishment, than perhaps would have been given if you had plead
guilty up front.


So before
you plead guilty to a DUI charge, it is important to consult with an
experienced DUI attorney and get an attorney review of your case. For a free
telephonic consultation and case review call The Law Offices of EJ Stopyro
today at (949) 559-5500. You can also learn more about DUI, DUI with injury,
drug DUI, and DUI with prior DUI convictions at
www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.

Wednesday, January 7, 2015

DUI Arrest: Do I Need A Lawyer?

I have been
a practicing
Orange County DUI Lawyer for over ten years now and whenever I
go to court for an arraignment on a
DUI charge I am amazed at how many defendants show up for
arraignment on their DUI without a DUI lawyer to represent them. A DUI charge
is a misdemeanor charge that can have long lasting effects on a person’s life.
While a misdemeanor DUI charge is much less serious than a felony charge, it
still carries possible jail time, a driver’s
license suspension, sizeable fines, and a DUI
conviction on your record.






Now, I’m not
saying that everyone charged with a first-offense DUI needs to be represented
by an
Orange County DUI defense Attorney. In fact, often times after consulting
with someone at length about the facts of their DUI case I advise them that
they DON’T need a DUI LAWYER. However, I only dispense this advice if they are
charged with a first-offense DUI and, based on my review of available
information, there is no defense and no “leverage” to get the charge reduced to
a
wet reckless. Moreover, as a general rule,
everyone charged with a second-offense DUI or higher absolutely should be
represented by a
DUI defense Attorney. A DUI with a prior offense in
Orange County will almost always result in a long jail sentence. Usually, the
only possible way to avoid jail is with the help of an experienced DUI
attorney.


So, do I
recommend that everyone charged with a DUI seek representation of a DUI lawyer?
NO. But I do advise that everyone charged with a DUI CONSULT with a DUI
attorney BEFORE pleading guilty. In fact, I recommend consulting with several
DUI lawyers before making the decision to plead guilty. This is actually quite
easy to do given the fact that most
DUI Lawyer in Orange County offer FREE telephonic consultations about your case.
Some of us DUI attorneys will even go so far as to review your police report
for free.


So if you
are charged with a DUI, call The Law Offices of EJ Stopyro at (949) 559-5500
for a free and confidential consultation with a
DUI Lawyer today. You can also visit us at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.

Monday, January 5, 2015

DUI Probation: What Can Happen If I Break It?

When someone
is convicted of a
DUI  , they are
usually offered probation as an alternative to serving the maximum possible
jail sentence. When a DUI defendant is on DUI probation, they have jail time “hanging
over their head” and if the defendant commits a new law violation while on
probation, the judge has discretion to give some or all of this jail time to
the defendant. And not only will new law violations constitute a probation
violation, but so will violating any other term of the probation agreement. Of course,
the DUI defendant has the right to a probation violation hearing and the right
to be represented by their
Orange County DUI defense Attorney at that hearing. But the burden of
proof at a probation violation hearing is very low—a preponderance of the
evidence. And you don’t have the right to a jury. Instead, a single judge
decides a DUI probation violation issue.






Some terms
of DUI probation are mandatory—a judge MUST impose them on all DUI defendants.
These terms include:


1)      not driving with ANY ALCOHOL in your system;


2)      submitting to a breath test any time
you are driving and a cop asks you to;


3)      attend and successfully complete a
particular
Alcohol program;


4)      pay restitution to any victim in the
case;


5)      do not drive without a valid driver’s
license and proof-of-insurance; and


6)      pay some mandatory fines.


But these
are just the mandatory terms. Judges can impose any term they want, as long as
it is reasonably related to the offense. Some other terms that judges include
are:


1)      Install an Ignition Interlock Device
in your car; or


2)      Attend self-help (AA) meetings.


Probably the
most common probation violation is a new law violation. These typically include
a new DUI charge, domestic battery, and assault.
Orange County DUI lawyers agree that the most common probation violation that
is NOT a new law violation is driving with SOME alcohol in your system (zero
tolerance). This violation will often lead to the judge imposing jail time and
it will also cause the DMV to issue a mandatory one-year driver’s
license suspension.


If you have
been arrested for a DUI, call The Law Offices of EJ Stopyro today at (949)
559-5500 today for a free and confidential consultation with an experienced
DUI Lawyer in Orange County Check us out online at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.

Friday, January 2, 2015

Ignition Interlock Device (IID): A Breath Machine For Your Car

As an Orange County DUI Lawyer I receive a lot of calls from people who are confused
about want an Ignition Interlock Device is and who is required to have one. So
let me clear up some of that confusion here. An Ignition Interlock Device,
called an “IID” for short, is a breath-testing device that is installed in a
vehicle. The IID requires a breath sample BEFORE it will enable a vehicle to
start. It the IID detects any alcohol in the breath sample, the IID will NOT
allow the vehicle to start. Moreover, the IID may require additional breath
samples while the care is being driven. If the samples are not free of alcohol,
the vehicle may become disabled and law enforcement will be notified.




The IID is a
tool used by judges in the Orange County courts who handle DUI cases. A judge
can order that someone convicted of a
DUI install and maintain this IID for the term of their
probation. In most cases the judges in Orange County have discretion in
deciding to order a defendant to install an IID. A defendant’s
Orange County DUI attorney can also use the IID as a bargaining chip when
negotiating a sentence for their clients convicted of DUI. In some cases, such
as where a defendant drives on a suspended license after a DUI, the judge MUST
order a defendant to install an IID. Also, in some counties, such as Los
Angeles, a judge must require everyone convicted of a DUI to install the
device.
In Orange County
the judges retain most of their discretion. Judges here will usually not
require an IID for a first-offense DUI or someone who pleads guilty to a
wet reckless. Judges are more inclined to order
an IID in cases of a
refusal, DUI with injury, DUI
with injury
, or a
DUI with prior offenses. When the judge does order the installation of an IID
it is the defendant who must pay the costs of installing, maintaining, and
removing the IID.
If you face
charges for a DUI call The Law Offices of EJ Stopyro at (949) 559-5500 today for a free and
confidential consultation with an experienced
DUI Lawyer in Orange County. You can also get more information about your charges
by going to
www.ejesquire.com. We have
offices at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano,
CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.