At The Law Offices of Hart J. Levin, we’re proud to be a trusted resource for DUI defense in Costa Mesa with the highest DUI dismissal rate in Southern California. We’ve successfully helped many people in the area face severe DUI charges with confidence, using our deep experience and proven strategies to fight for the best possible outcomes. Since we focus solely on DUI cases, we know how to challenge the evidence and build strong defenses that work, even in the most difficult courts such as this one. Costa Mesa arrests go to the Harbor Justice Center in Newport Beach, CA, which is one of the strictest courts in all of California.
DUI Penalties in Costa Mesa
Costa Mesa, like the rest of Orange County, takes DUI offenses very seriously, with strict penalties that can have a major impact on your life:
First-Offense DUI Penalties
If you’re arrested for a first-time DUI in Costa Mesa, you could face:
- A misdemeanor or felony charge depending on the circumstances
- Up to six months in county jail (or more if it is a felony)
- Fines that can reach $20,000
- A driver’s license suspension lasting 4 to 12 months (more if there are injuries or if it is a felony)
However, if you comply with chemical testing during the arrest and your case is not ruled a “refusal,” you should have options to reduce some of these penalties and continue driving. Installing an Ignition Interlock Device (IID) in your car for approximately six months or obtaining a restricted license for work-related driving could help mitigate the consequences.
You’ll also be required to complete DUI school, with program durations that may include:
- Three months
- Six months
- Nine months
We’re proud to have a 99% success rate in helping first-time DUI offenders avoid any jail time, and we’ll do everything we can to protect your future as if it were our own.
Second-Offense DUI Penalties
A second DUI conviction in Costa Mesa comes with tougher consequences that can significantly impact your life. Penalties for a second misdemeanor DUI offense may include:
- Jail time ranging from 96 hours to one year in a county jail facility
- Fines that can total up to $20,000
- Driver’s license suspension for several years
- Wearing an alcohol-monitoring ankle device (SCRAM)
- Mandatory community service or labor
- Restrictions on entering bars or any establishments where alcohol is the primary product, along with a complete alcohol ban during probation
- Community service and/or CalTrans work
- Probation requirements
- A required DNA sample
In certain cases, you might be able to regain driving privileges by installing an Ignition Interlock Device (IID) in your car for one year. However, this option is not available if you refuse chemical testing or if you were on DUI probation while being arrested for the second offense.
You will also need to attend a weekly DUI education program, with options for:
- 18 months
- 30 months
Facing a second DUI charge can feel overwhelming, but we’re here to help you explore your best options and work toward the best possible outcome.
Penalties for Misdemeanor DUI with Injury
If you’re involved in a DUI accident in Costa Mesa that causes minor injuries, the penalties can be more severe and may include:
- Misdemeanor charges
- Jail time ranging from 5 days to 1 year (A minimum of five days in jail is required, often more)
- Fines up to $20,000
- Potential restitution payments to the injured party
- Driver’s license suspension for 1 to 3 years (restricted licenses are not an option)
- Mandatory DUI school attendance, with programs lasting 3, 6, 9, 18, or 30 months depending on the circumstances
- DNA sample
- Probation
If the injuries are more serious, the District Attorney will escalate the charges to a felony, which comes with significantly harsher penalties.
Felony DUI Penalties (Due to Injury OR a Fourth Offense Within Ten Years)
A felony DUI is a serious offense in Costa Mesa and can have life-altering consequences. If you’re convicted, the penalties are severe and may include:
- Formal Felony Probation with up to 1 year in county jail, or 10+ years in state prison for more serious cases. The DA will typically seek state prison time.
- Fines that can reach $20,000
- Driver’s license suspension for up to 10 years
- Mandatory attendance at DUI school for 18 or 30 months
- Being placed on parole after serving your sentence
- A potential strike on your criminal record, depending on the severity of any injuries involved
- “DUI Court” – In some instances, a judge may allow you to participate in what is called “DUI court.” This is a very intensive rehabilitation and treatment program that involves a huge time commitment for a period of years.
- Mandatory drug and alcohol testing
- Mandatory reporting requirements to a probation or parole officer
DUI Process in Costa Mesa
Getting arrested for a DUI in Costa Mesa can be an overwhelming and scary experience, especially if it’s your first time. Orange County has a reputation for being extremely strict on DUI cases, and Costa Mesa is no exception. If you’re charged, your case will likely go to the Harbor Justice Center, a courthouse known for its tough approach to DUI offenses.
After your arrest, you might be held for up to 48 hours, with authorities citing safety and sobriety concerns. For many, this feels unnecessarily harsh since most people sober up within 24 hours. The jail may require you to pay bail before being released. Felony DUI bail is generally $100,000.
Once you’re released, you’ll be given a court date for an arraignment hearing. This is where having an experienced DUI lawyer is crucial. Without one, the judge could decide to keep you in custody or set an unreasonably high bail. The stakes are very high, and a misstep at this stage could lead to serious long-term consequences for your personal and professional life.
The best thing you can do is act quickly. Contact a trusted DUI attorney in Costa Mesa as soon as you’re released. At the Law Offices of Hart J. Levin, we understand how stressful this process can be, and we’re here to help. With years of experience expertly defending DUI cases throughout Orange County, we know how to fight for your rights and work to reduce the impact a DUI charge can have on your future. You don’t have to face this alone—we’ll be with you every step of the way.
Possible DUI Defenses in Costa Mesa
Being charged with a DUI in Costa Mesa can feel overwhelming, but there are several defenses we can explore to challenge the case against you. Here are a few common ones we may use:
- Legality of the Stop or Arrest: We’ll look closely at whether the officer had a valid reason to stop or arrest you in the first place. If they didn’t, that could work in your favor. We can use what is known as a “suppression hearing” to challenge whether or not the officers had a legal right to pull you over and arrest you.
- Accuracy of Test Results: Breathalyzer and blood tests aren’t always perfect. If the equipment was faulty or the tests weren’t done properly, we can challenge the results. We check calibration records for alcohol machines regularly to determine if there are any faults that can be used to aid in your defense.
- Probable Cause: We can argue that the officer didn’t have a solid reason to arrest you. If there was no valid cause, the arrest may not have been justified.
- Medical Conditions: Sometimes, what looks like impairment could actually be related to a medical condition or something else entirely unrelated to alcohol or drugs. In this court, we have seen prosecutors file DUI charges against people who are properly prescribed medications that do not cause impairment (antidepressants, ADHD medication, etc). It is not uncommon for the DA to charge a DUI when there is only adderall in a driver’s blood, even though it is properly prescribed and not abused.
- Field Sobriety Tests: If the field sobriety tests weren’t conducted correctly, or if factors like weather or the environment made them harder to perform, we’ll challenge their validity. The officers typically show a high level of bias in documenting your performance on the FST’s. Drivers typically believed that they “passed” or performed well. The officers almost never see it that way.
At the Law Offices of Hart J. Levin, we take the time to understand the details of your case and create a defense strategy that’s custom tailored to you and your needs. We’re here to walk you through this challenging time and fight for your rights. Reach out today to set up a consultation, and let’s talk about how we can help.