The Law Offices of Hart J. Levin is a trusted authority for expert DUI representation in Newport Beach. With a proven track record in this area of law, we have successfully defended numerous clients facing DUI charges in Newport Beach and the surrounding Orange County region. Our firm specializes in defending DUI cases, allowing us to expertly challenge evidence, develop strong defense strategies, and achieve the best possible outcomes for our clients. We will be with you every step of the way.
DUI Process in Newport Beach
Being charged with a DUI in Newport Beach can be scary as the process starts out tough even for first time offenders. Orange County is extremely tough on DUI offenses. Newport Beach DUIs are handled at the Harbor Justice Center. They are especially strict in this court. Authorities can hold you for up to 48 hours citing safety and sobriety concerns. But this can feel like pretrial punishment as most people sober up within 24 hours.
Once released you will get a court date for an arraignment hearing. Having a DUI lawyer at this hearing is critical. The judge may not view the case favorably and can order you to stay in custody unless you post a large bail. To avoid the severe consequences of a DUI conviction in Newport Beach, you need to see a DUI lawyer as soon as possible after you get released. Delaying will put your personal and professional life at risk due to the long term effects of a DUI. With a history of successful DUI defense in the OC area, Hart and the team at The Law Offices of Hart J. Levin have the strategies and dedication it takes to protect your rights and minimize the impact of a DUI charge.
DMV Hearing Following a DUI Arrest in Newport Beach
Acting quickly and scheduling a DMV hearing right after a DUI charge in Newport Beach is essential. If you don’t, your driver’s license could be automatically suspended.
Even with the DMV’s tough procedures, our team consistently achieves one of the highest success rates in winning DMV hearings in the industry. We’re dedicated to doing everything possible to help you keep your driving privileges and get back on the road as quickly as possible.
DUI Penalties in Newport Beach
Newport Beach and the rest of Orange County are very strict on DUI offenses, which come with significant consequences:
First Offense DUI Penalties
If you are arrested for a first-time DUI offense, you may face:
- A misdemeanor charge
- Up to six months in county jail
- Fines up to $20,000
- Driver’s license suspension for 4 to 12 months
However, if you did not refuse a chemical test, you might be able to reduce some of these penalties by installing an Ignition Interlock Device (IID) in your vehicle for six months, or by getting a restricted license which allows for work-related driving.
Additionally, you will be required to attend DUI school, with possible program lengths of:
- Three months
- Six months
- Nine months
It’s important to note that we have a 99 percent success rate in preventing jail time for first-time DUI offenders.
Second Offense DUI Penalties
A second misdemeanor DUI conviction in Newport Beach comes with more severe penalties, including:
- Jail time ranging from 96 hours to one year in a county detention facility
- Fines up to $20,000
- Driver’s license suspension for multiple years
- Ankle alcohol monitor (SCRAM)
- Community service or labor
- Not being permitted to enter any places where alcohol is the chief item of sale (i.e. a bar) and not being able to consume any alcohol during the probation period.
In some cases, you may be able to regain driving privileges by installing an Ignition Interlock Device (IID) in your vehicle for one year (Note: This option is not available for “refusal” cases.).
Additionally, you will be required to enroll in a weekly DUI education program for:
- 18 months
- 30 months
Penalties for Misdemeanor DUI with Injury
If you’re found responsible for causing a minor injury while driving under the influence in Newport Beach or anywhere in Orange County, you could face:
- Misdemeanor charges
- Jail time ranging from 5 days to 1 year
- Fines up to $20,000
- Possible restitution payments to the injured party
- Driver’s license suspension for 1 to 3 years (with no restricted license option)
- Required DUI school attendance for 3, 6, 9, 18, or 30 months, depending on the severity
If the injuries are more serious, the District Attorney is likely to file felony charges, leading to much harsher legal consequences.
Felony DUI Penalties (Fourth Offense Within Ten Years)
Understanding the gravity of a felony DUI offense is crucial, as it can have a lasting and profound impact on your life. A felony DUI conviction in Newport Beach carries severe penalties, including:
- Probation with up to 1 year in county jail, or potentially 10+ years in state prison for more severe cases
- Fines up to $20,000
- Driver’s license suspension for up to 10 years
- Mandatory DUI school for either 18 or 30 months
- Being placed on parole
- Potentially having a strike on your criminal record depending on the level of injury
Potential DUI Defenses in Newport Beach
When facing a DUI charge, various defenses may help challenge the prosecution’s case. Common defenses include:
- Legality of the Stop or Arrest: Question/challenge whether the traffic stop or arrest was lawful and had proper legal justification.
- Accuracy of Test Results: Challenge the accuracy of breathalyzer or blood tests due to faulty equipment or improper testing procedures.
- Probable Cause: Dispute whether the officer had valid grounds for making the arrest.
- Medical Conditions: Argue that any observed impairment was due to medical conditions or other factors unrelated to alcohol or drugs.
- Field Sobriety Tests: Challenge the validity of field sobriety tests if they were conducted improperly or if environmental conditions affected your performance.
Our skilled DUI lawyers here in Newport Beach will carefully analyze your case to identify and use the most effective defenses tailored to your particular situation. Contact the Law Offices of Hart J. Levin today for expert legal representation and a personalized defense strategy. Call us now to schedule a consultation.