DUI/DWI Crimes

Most DUI/DWI cases in Orange County are resolved without a jail sentence if it is the individual’s first DUI charge or they do not have any prior convictions. Some counties, like Riverside, impose a community work program instead of a jail sentence. However, if it is a DUI case where the individual has prior convictions within 10 years, jail time may be imposed. You could mitigate your DUI/DWI case by going to AA meetings, drug or alcohol counseling, or going to a rehabilitation or treatment center. Orange County Criminal Defense Attorney Staycie R. Sena has handled thousands of DUI/DWI cases and has experience getting them mitigated. She has kept many second and third offenders from jail sentences. Please contact her office for a consultation.

It is very important that you contact the DMV within TEN days of your arrest if you were arrested for a DUI/DWI offense in order to retain your right to a DMV hearing. The DMV has the power to suspend or revoke your CA driver’s license, separate from any action taken by the District Attorney’s office or the court. Individuals charged with a first time DUI/DWI offense usually have their license suspended for 30 days while individuals who have multiple DUI/DWI offense usually get a 90-day suspension, by agreeing to put an ignition interlock device on their cars.

Yes. Police officers may not pull someone over or detain someone without “reasonable suspicion” that criminal activity is or was occurring. What this means is that police officers cannot just stop random cars for no reason in the hope of finding someone who is driving under the influence. However, this standard does not mean that the police must have “reasonable suspicion” that a driver is driving under the influence. Rather, any traffic violation is sufficient for a police officer to pull a driver over. If you truly believe that the police officer who pulled you over acted without “reasonable suspicion,” Orange County Criminal Defense Attorney Staycie R. Sena could bring a motion to suppress evidence and if successful, get the DUI/DWI charges dropped. Please call Ms. Sena for a consultation about your case.

Unfortunately, most DUI/DWI arrests do not require Miranda warnings. In order to warrant Miranda warnings, an individual must be subjected to a “custodial interrogation.” Individuals stopped or detained for a DUI/DWI examination are not usually considered “in custody” for purposes of Miranda and thus, Miranda warnings are not typically required. Please note that Miranda only protects statements that individuals make while in police custody. This means that Miranda protections do not extend to the observations of the police officers or DUI/DWI examination results.

Most individuals think that they “passed” the field sobriety tests that police officers gave them. In reality, these field sobriety tests are very challenging for even sober people and designed to fail. Any imperfection or mistake is documented and can be used against you if DUI/DWI charges are filed.