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FAQs About a California DUI

If you were recently arrested for driving under the influence (DUI) in Orange County, California and this is your first offense, you probably have a lot of questions. In order to help you better understand what you are up against, we are going to provide some insight on the subject.

We encourage you to continue reading our frequently asked questions about DUI and if you have further questions, please do not hesitate to contact our firm directly for a free consultation.

Will I have to go to jail?
It depends on the facts of your case and the quality of your defense. Generally, a first-time DUI offense is punishable by 0 to 6 months in jail. When the odds are stacked against a client, we will seek either a reduction in charges to a wet reckless, or we’ll seek probation in lieu of jail time.

How long does the state have to file DUI charges?
The state has up to one year to file charges for a misdemeanor DUI. So, if you were arrested for DUI and you haven’t heard back from the court, it doesn’t mean they’ve forgotten about you. Instead, it probably means that the prosecutor is waiting for blood test results to come back or something to that effect. You can expect to receive notice from the court before the one-year deadline is up.

How long does a DUI stay on my DMV record?
A California DUI conviction will be reported on your DMV record for 10 years. After the 10-year-anniversary, it will fall off your driving record. So, a DUI can affect your insurance premiums for years to come. However, a DUI will be reported on your criminal record indefinitely.

Can I get a DUI for prescription drugs?
In recent years, drugged driving has become a nationwide epidemic. With so many people on prescription medications, drugged driving has led to an increase in DUI accidents. DUI refers to driving under the influence of alcohol or drugs, including prescription drugs. So yes, you can get a DUI for driving under the influence of prescription meds, even if they were lawfully prescribed by your doctor and not “borrowed” from a friend or relative.

Are DUIs Felonies?
Most first, second, and third DUIs are misdemeanors unless there are aggravating factors involved. Usually, a DUI becomes a felony when it’s the driver’s fourth DUI within a 10-year time period, or when someone else was seriously injured or killed because of the drunk or drugged driving.

We are only scratching the surface when it comes to answering questions about a California DUI. If you are facing DUI charges in Orange County, contact our office to speak with the DUI Queen for free!