Are you facing driving under the influence (DUI) charges in Orange County or anywhere else in California? If this is your first offense, you’re going to have a lot of questions and we’re here to answer them. We understand your predicament and would like to shed light on the consequences of a California DUI.
While this isn’t an exhaustive list, here’s what you NEED to know about an Orange County DUI. For DUI defense representation, we invite you to contact our firm to schedule a free case evaluation with an experienced member of our legal team.
1. Most DUIs are misdemeanors.
Most California DUIs are misdemeanor offenses. However, a DUI becomes a felony when it’s your fourth DUI within 10 years, or when you cause serious bodily injury or death to another person. DUIs are considered “wobblers” in California. This means a DUI can be charged as a misdemeanor or felony depending on the facts of the case. So, unless it’s your fourth offense or someone was seriously injured or killed, it should be a misdemeanor.
2. DUIs are reported on DMV records for 10 years.
DUI convictions are reported on DMV records for ten full years. There is nothing you can do to shorten the reporting period. A DUI conviction will cause you to lose the “Good Driver Discount.” In effect, your insurance premiums will increase significantly.
3. DUIs are reported on your criminal record indefinitely.
A DUI falls off your driving record after 10 years, but that’s NOT the case with your criminal record. Unless you expunge your DUI after successfully completing DUI probation, the DUI will show up on criminal background checks indefinitely. This can negatively affect housing, employment and professional licensing for years to come.
3. DUI can trigger removal proceedings.
Usually, a DUI won’t trigger removal proceedings, but that does not mean it’s impossible. A drug-related DUI or a felony DUI can result in removal proceedings. Also, if a Green Card holder has multiple criminal convictions, a DUI can be the final straw and it can cause an immigration judge to initiate removal proceedings.
USCIS wants Green Card holders and people applying for citizenship to be of a “good moral character.” If an immigrant shows a pattern of criminal behavior, it can lead to deportation, especially if the permanent resident is convicted of domestic violence, a drug-related crime, or a violent crime – these are all deportable offenses under the Immigration and Nationality Act (INA).
4. You can get a DUI for drugs.
Driving under the influence is criminalized under Section 23152 of the California Vehicle Code. Under this section, it’s illegal to drive under the influence of alcohol, a controlled substance (drugs), and even lawfully prescribed drugs. In other words, you can be arrested for driving under the influence of alcohol or any drug as long as your ability to drive safely is compromised. This includes marijuana.
Are you facing DUI charges in Orange County? Get help from a board-certified expert in DUI defense. Contact us today for a free case evaluation.