Contents
Are You Facing DUI Charges in Irvine, California?
If you are facing drunk driving charges in Irvine, California it is important you take action immediately. Whether your citation came from the Irvine City Police Department, Orange County Sheriff’s Department or the California Highway Patrol, the charges of DUI are all the same, and swift action is prudent. Driving privileges, money and even your freedom may be at stake. While most DUI charges are filed as misdemeanors, penalties can still be severe. It is why hiring an Irvine DUI lawyer with experience is so critical.
Misdemeanor – If this is your first DUI offense, you will likely be facing misdemeanor charges. Even though they are not as severe as felony charges, penalties are still significant, since the word “misdemeanor” means a crime that can be punished by a maximum of one year in County Jail. Prosecutors will take several factors into consideration in deciding whether you should be charged with a misdemeanor or worse, but you will regardless be facing fees and possible jail time.
Felony – If you are facing your fourth or more DUI conviction in 10 years, you will be facing felony charges. Even in cases of a first offense, you can still be charged with a felony if you cause injury (or death) to someone other than yourself. The charges are incredibly serious, and will result in jail or prison time if not defended effectively.
Both of these charges will play out differently, so it is very important to contact an Irvine DUI attorney to help protect your interests. The expert team at The Kavinoky Law firm has the experience and the know how to handle all of these situations, while helping to give you peace of mind and hope for the future.
What Are the Next Steps in Facing Irvine DUI Charges?
Request a DMV Hearing: You will have ten days from the date of your citation to request a DMV hearing. It is important you recognize that this is ten calendar days, and not ten business days. This DMV hearing can help you circumvent an automatic license suspension, if fought properly. Considering this suspension can last from four months to lifetime suspension, it is very important you not schedule this hearing alone.
Your first step should be to call The Kavinoky Law Firm, a DUI attorney Irvine, CA counts on to schedule your hearing to increase your odds of avoiding suspension. We’ll look at the DMV’s proposed evidence, and determine where to poke holes and create a defense. This DMV case, however, is entirely unrelated to your court trial.
Will Your License Be Suspended? Upon your arrest, the officer will likely have taken your license and given you what is called a Notice of Administrative Per Se Action, and Temporary License. This serves as a temporary, unrestricted license for 30 days. Once your DMV hearing is scheduled for a particular date, your attorney will go to work preparing for the hearing, and work to avoid or minimize the suspension. If the hearing is scheduled for more than 30 days from the date of arrest (as it usually is), your attorney will get you a new temporary license that will allow you to drive in a full and unrestricted fashion until the hearing. If the hearing is successful, the DMV’s action will be “set aside,” meaning that there is no administrative suspension of your license.
The Two Separate Cases You’ll Deal With in Taking Care of Your Irvine DUI
Your DUI will result in a DMV hearing and a court case.
Your driving privileges are at stake in the DMV hearing. This DMV hearing may take place in person or over the phone. Whether your hearing should be in person or telephonic is a tactical choice that you and your lawyer should consider carefully. There are important reasons why one or the other may be better for you, given the unique facts of your particular case.
The DMV hearing is not a public court case. In other words, what happens at the DMV, stays at the DMV. This is where your Kavinoky DUI lawyer can set up a first line of defense, and begin to give you real hope.
The court case however, is a whole different scenario. Drunk driving means you are facing criminal charges. A conviction could mean jail time, probation, fines and mandatory classes and public service. In LA, Alameda, Sacramento and Tulare counties, a DUI conviction will lead to an in-car Breathalyzer system known as an ignition interlock device (IID). While an Irvine DUI arrest will not mean a mandatory IID for first-offenders, prosecutors at the Harbor Justice Center in Newport Beach will frequently seek an IID, even for first time DUI, where there is an excessive BAC, a refusal to test, or other aggravating factors. Multiple offense DUIs (like second- or third-offense DUIs within a span of 10 years) will always be targeted for IID installation.
Given the right circumstances, an expert Irvine DUI lawyer, like those at The Kavinoky Law Firm, can reduce charges, which can lead to less severe consequences. For example, having an ignition interlock device in your car can be demoralizing and harmful for your reputation. But with the right defense, our lawyers can reduce your charge and see to it that you don’t have to get one at all.
You don’t have to plead guilty!
There are many possible settlements could apply in a drunk driving case. Under the appropriate circumstances and the right DUI defense charges could be reduced to something as simple as a moving violation. Other reduced charges include a “wet reckless,” which is priorable, a “dry reckless,” and exhibition of speed.
The prosecution will build a case against you based on four “pillars.” They include:
- Driving Patterns
- Physical Signs and Symptoms
- The Field Sobriety Test Performance
- Chemical Test Results
With an experienced DUI lawyer Irvine trusts from The Kavinoky Law Firm, you can fight each of these in compelling ways. For example, there are more than 50 reasons a Breathalyzer can be wrong. It is important to remember that just because a machine says you are over the limit, that it does not mean that you really are. Having a DUI lawyer who really knows what they’re doing is important so that you can find that “smoking gun” that’s often invisible to the untrained eye.
There is Hope!
While there is stress and anxiety involved with a DUI citation, it is not hopeless. The right legal team can uncover game-changing facts that aren’t always obvious. And an experienced legal team from No Cuffs is your best chance to reduce, or even get the charges thrown out.
Who we are and why we can help
No Cuffs is the online home of the Kavinoky Law Firm, founded by Darren T. Kavinoky—who’s known for his exceptional win record, and regular appearances on CNN, HLN, and his own show “Deadly Sins.” No Cuffs believes every individual should have the power to defend themselves properly. We proudly serve the Irvine, California area with not only DUI defense strategies, but we can also help in domestic violence cases, drug crimes, thefts and other criminal charges.
Don’t just continue to worry, take the right steps today. Chat online live with a representative, fill out our online form or call 1-800-No-Cuffs for a free consultation with a lawyer now.