DUI Put Our Experience in Your Corner

Orange County DUI Defense Firm

Let Law Offices of Virginia L. Landry, Inc. Protect Your Rights & Future

You may believe your situation is hopeless if you have been charged with DUI in or around Orange County. The evidence may seem incontrovertible, and your conviction inevitable. Many clients have shared that the arrest and going to jail marked a low point in their lives. Some feel embarrassed and alone with the unknown of what to do next. We realize that trust and competency are important factors for you to look for in this specialty area from your attorney. Virginia can provide you with accurate answers, a game plan for success, and keep you fully informed of what is happening with your case.

Mistakes occur all too often in DUI arrests. These include errors made during law enforcement procedures and false readings from chemical testing equipment. Field sobriety tests, widely used to determine impairment, are notoriously unreliable and can be influenced by various factors, including underlying health conditions, age, and the competency of the officer.

You might be tempted to plead guilty and hope for the best. However, you would lose the chance to avoid consequences for, eliminate, or minimize a conviction. With the help of an experienced attorney, viable defenses can be made against your DUI charges.

At Law Offices of Virginia L. Landry, Inc., you can work with a distinguished DUI defense attorney who brings DUI Defense Board Certification expertise to your case and 34+ years of experience devoted primarily to this field. As the Dean of the National College for DUI Defense, a prestigious organization dedicated to advancing DUI education and certification in the field of DUI defense, Ms. Landry is a nationally acclaimed leader in this practice area.

Discuss your case with a DUI attorney in Orange County for a free evaluation. Call us at (949) 694-8804 or contact us online to get started.

Our Services

How We Can Help You

DUI Representation in Orange County

The Law Offices of Virginia L. Landry handles all DUI-related criminal cases and associated DMV hearings held to challenge the automatic suspension of your driver’s license.

Our firm represents drivers in the following:

Rated a "Top DUI Attorney" and Board Certified in DUI Defense
Achieved a Perfect 10 Out of 10 Superb Rating on Avvo
Past President of the West Orange County Bar Association
Certified as a Standard Field Sobriety Test Instructor

You Only Have 10 Days! If you do not act immediately, you could lose your right to drive.

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California DUI Laws

In California, driving under the influence (DUI) laws are strictly enforced and apply to both alcohol and drugs, including prescription medications and illegal substances. The primary DUI offenses are outlined in California Vehicle Code Section 23152. It is illegal to drive while impaired by alcohol (VC 23152(a)), regardless of your blood alcohol concentration (BAC), if your ability to drive is compromised. Additionally, driving with a BAC of 0.08% or higher (VC 23152(b)) is automatically considered a DUI. The law also prohibits driving under the influence of drugs (VC 23152(f)) or a combination of drugs and alcohol (VC 23152(g)).

For drivers under the age of 21, California has a strict zero-tolerance policy. If you’re under 21 and have a BAC of just 0.01% or more, you can face license suspension under Vehicle Code 23136. A BAC of 0.05% or higher (VC 23140) can bring more serious penalties, including fines and mandatory DUI education programs. In general, BAC limits vary by driver type: 0.08% for regular drivers 21 and older, 0.04% for commercial drivers, and 0.01% for those under 21 or on DUI probation.

All drivers are subject to a breathalyzer or blood test in DUI arrests. You will generally lose your license for a year if you refuse to submit to a test on a first offense and the penalties continue to rise if you have more than one prior conviction.

You will also have 10 days to request a DMV hearing to challenge the automatic suspension of your license. If you fail to make this request, you will forfeit your right to do so. Our firm can make the hearing request for you and represent you at the hearing to present arguments in an effort to save your license.

DUI Penalties in California

First, second, and third DUI charges are prosecuted as misdemeanors that will stay on your record for a minimum of 10 years. A fourth DUI is charged as a felony. Each succeeding DUI conviction will result in increased penalties. If someone is hurt in a DUI allegation, you could be charged with a felony DUI, even on a first offense.

First-offense DUI convictions are punishable by:

Up to six months of jail time
Three years of probation
Completion of DUI school (three, six, or nine-month program)
Fines and penalty assessments ranging from $390 up to $3,600
Driver’s license suspension of six months, subject to restriction options
Increased auto insurance premiums
Installation of an ignition interlock device (IID) in your vehicle for six months
Barred entry into Canada unless a special exemption is obtained

Certain factors can increase the severity of DUI penalties. These aggravating factors include having a BAC of 0.15% or higher, refusing to take a chemical test, causing an accident or injury, having a child passenger in the vehicle, or having multiple prior DUI convictions. In cases involving serious injury or death, or if it's a fourth DUI offense within 10 years, the charge may be elevated to a felony. Felony DUI convictions carry more severe penalties, such as time in state prison, higher fines, and long-term or permanent license revocation.

Legal Process of a DUI Charge in CA

Arrest and Chemical Testing

If an officer suspects DUI, they may conduct field sobriety and breathalyzer tests. If there's probable cause, you’re arrested and required to take a chemical test (breath, blood, or urine).

DMV Administrative Process

After arrest, your license is confiscated and replaced with a 30-day temporary license. You have 10 days to request a DMV hearing to fight automatic suspension; if you don’t, or if you lose, your license gets suspended.

Criminal Court Process

Arraignment: This is your first court appearance where charges are read, and you enter a plea. Bail may be set depending on the case.
Pretrial: During this stage, lawyers exchange evidence, file motions, and possibly negotiate a plea deal. If no deal is made, the case proceeds to trial.
Trial: At trial, the prosecution must prove you were driving under the influence beyond a reasonable doubt. You can testify or stay silent, and the judge or jury decides the verdict.
Sentencing: If convicted or a plea is entered, penalties may include fines, DUI classes, license suspension, probation, and possibly jail. First offenses usually avoid jail time but come with other strict consequences.

Post-Conviction

Even after court, the DMV may suspend your license longer, and your insurance rates will likely rise. The DUI stays on your record for 10 years and affects future DUI penalties.

Defenses Against DUI Charges

DUI is a serious offense, but several legal defenses may be available depending on the specifics of the case. Here's a breakdown of some common legal defenses used to fight DUI charges:

Unlawful Traffic Stop: Police must have a valid reason, like a traffic violation, to legally stop your vehicle. If the stop was not justified, any evidence gathered afterward could be thrown out.
Improper Field Sobriety Tests (FSTs): Field sobriety tests can be unreliable if not administered correctly or if outside factors like medical conditions or poor weather interfere. An experienced attorney can challenge their accuracy in court.
Faulty Breathalyzer Test: Breathalyzers require regular calibration and maintenance to produce accurate results. If the device was defective or misused, the BAC reading may not be valid.
Rising Blood Alcohol: Your blood alcohol content may have been legal while driving but increased by the time you were tested. This happens when alcohol was still being absorbed into your bloodstream after you were stopped.
Medical Conditions or Diet: Certain health issues, like GERD or diabetes, and diets like keto can produce chemicals that interfere with breathalyzer readings. These can lead to falsely elevated BAC results.
Violation of Title 17 Regulations: California law requires strict procedures for DUI testing, including observation periods and proper handling of samples. Failure to follow these rules can make test results inadmissible.
No Probable Cause for Arrest: Police need sufficient evidence to believe you were impaired before they can arrest you. If they lacked probable cause, the arrest—and the case—could be challenged.
BAC Below Legal Limit: You can't be convicted of a DUI if your BAC was actually under the legal limit at the time of driving. If the prosecution can't prove otherwise, the case may be dismissed.
Not Driving the Vehicle: If there's no solid proof that you were the one driving, you can't be convicted of DUI. This is especially relevant in cases where you were found in a parked car or after an accident with no witnesses.

Navigating DUI Charges in Orange County: What You Need to Know

Facing a DUI in Orange County can be daunting, especially with the stringent penalties enforced by local authorities. The Orange County Superior Court, located in Santa Ana, handles numerous DUI cases each year, reflecting the county's commitment to road safety. Understanding the local legal landscape is crucial for anyone charged with a DUI in this area.

Local government resources, such as the Orange County Health Care Agency, offer DUI education programs that are often mandated as part of the sentencing. These programs aim to reduce repeat offenses by educating offenders about the dangers of impaired driving. However, navigating these requirements can be complex without proper legal guidance.

Our legal team understands the unique challenges faced by Orange County residents. We are familiar with the local court systems, from Fullerton to Laguna Beach, and can provide tailored advice to help you manage the repercussions of a DUI. Whether it's negotiating with the Department of Motor Vehicles (DMV) in Costa Mesa for a restricted license or challenging the evidence presented by local law enforcement, we are here to support you every step of the way.

By leveraging our knowledge of Orange County's legal and community resources, we strive to minimize the impact of a DUI charge on your life.

Get Legal Help to Fight Your DUI Charges

DUI consequences can be severe and life-altering. You may face not only criminal penalties but the collateral damage of reputational loss, financial distress, the loss of your job, inability to rent a car for business travel, and future employment difficulties due to your criminal record.

Law Offices of Virginia L. Landry, Inc. has the knowledge you need to navigate these complex charges, which combine technical, scientific, and legal factors. We can thoroughly examine your case, scrutinize the evidence, and challenge any irregularities or illegalities that may have occurred. These challenges may include the reliability of the breathalyzer or other testing equipment used, the validity of sobriety tests conducted, and law enforcement procedural errors.

Our team can argue for reduced charges or a dismissal based on appropriate factors. We understand the stress and uncertainty of the DUI process to you, and can be by your side throughout your ordeal, applying our knowledge, skills, and tenacity to seek an optimum outcome. It many cases, Virginia Landry can appear for you so you don’t have to take time off of work or school.

Call (949) 694-8804 for legal help from our Orange County DUI defense firm today.

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Client Testimonials

"Best DUI attorney in Orange County. She far exceeded my expectations."
Best DUI attorney in Orange County. She far exceeded my expectations. You can tell she cares about her clients. She’s strategic and relentless. If you want the best results possible, retain Virginia Landry.

- Google Reviewer
"She was very detailed and meticulous on how she handled my case and I couldn't be any happier with the outcome!"
My case was dismissed DUI, due to her help. I sincerely appreciate it. My case is finally over now. If you have any concerns or cases, and you need help but can't find a trusted lawyer, I highly recommend hiring Virginia. She was very detailed and meticulous on how she handled my case and I couldn't be any happier with the outcome!! She is an excellent lawyer! Do not hesitate to contact her, and again I really appreciate her help!

- Bella L.
"Absolutely incredible and worth every penny spent. Her compassion is beyond my understanding"
WOW!!!!! Virginia Landry is an absolute professional who knows what she's talking about. But she doesn't just talk, she is ALL ACTION. I was quite nervous as she was a referral and I'll have to say I'm so glad I was referred. Absolutely incredible and worth every penny spent. Her compassion is beyond my understanding, especially in these times. I can't say enough other than HIRE HER NOW!!! You will NOT be disappointed. A+++++++++

- S.D.

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FAQs

Common Answers To Your Questions

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 949-694-8804 today!

Will my case go to trial?

All cases are unique and whether or not your case will go to trial will depend on a number of circumstances and factors. At our firm, we counsel clients throughout their legal journeys, discussing what they can expect and what their available options may be. In some cases, charges can be dropped or significantly reduced. In others, a trial may be the best option.
I was not read my rights. Will my charges be dismissed?

No, this does not mean that your charges are dismissed. When you are placed under arrest, law enforcement is supposed to read you your Miranda Rights. Miranda Rights inform you of your right to remain silent, right to an attorney, and right to have an attorney appointed to you. If law enforcement fails to read you your rights, anything you may have said prior to your arrest may not be admissible in court, or used as evidence by prosecutors.
Can my charges be dropped?

It depends. In some cases, charges can be reduced or dismissed. However, each case varies and depends upon the circumstances involved. If you have questions about your criminal charges, contact our Law Offices for an initial case evaluation.

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