The Law Office of O’Connor Law APC is dedicated to defending those accused of drunk driving (DUI/DWI). We have handled thousands of driving under the influence cases and taken many through trial with exceptional results. If you or someone you know has been arrested for drunk driving and needs an attorney, don’t compound the problem by delaying or choosing not to contact an experienced DUI defense lawyer. At O’Connor Law APC, your drunk driving case will receive the attention of a highly qualified attorney familiar with the nuances and ever-changing landscape of DUI law, and who also has the necessary courtroom experience to ensure the best possible outcome in your case. Contact our firm for a free consultation today.
A drunk driving or driving under the influence (“DUI”) charge carries with it very serious consequences. A conviction for driving under the influence affects not only your criminal record but can also affect your driving privileges, your employment, your reputation, and your relationship with your family. If you are in need of a skilled Pleasant Hill criminal lawyer in the greater San Francisco Bay Area, do not delay contacting O’Connor Law APC. Our firm will act immediately to preserve your right to challenge an automatic license suspension by the DMV, while at the same time preparing a calculated defense in the criminal proceedings.
In California, penalties for driving under the influence vary depending on whether it’s your first, second, third, or subsequent offense. The severity of consequences increases with each conviction, and even a first-time driving under the influence charge can result in harsh penalties that affect your driving privileges, finances, freedom, and future. At O’Connor Law APC, we help clients understand exactly what they’re facing—and how to fight back.
First DUI Offense
A first-time DUI in California is typically charged as a misdemeanor. If convicted, you may face:
Second DUI Offense (within 10 years)
The penalties for a second DUI conviction increase significantly:
Third DUI Offense (within 10 years)
A third DUI conviction can have lasting consequences:
Felony DUI
You may be charged with felony DUI if you have three or more prior driving under the influence convictions, or if your DUI involved injury or death. Penalties can include:
No matter your situation, a driving under the influence conviction is never a simple matter. The DUI attorneys at O’Connor Law APC understand the legal nuances and defenses available in DUI cases, and we’ll work tirelessly to minimize the impact on your life.
If you hold a Commercial Driver’s License (CDL), a DUI arrest can jeopardize your livelihood. California law holds commercial drivers to higher standards, and even a first-time DUI can result in severe consequences for your career. O’Connor Law APC has helped many CDL holders protect their rights, licenses, and futures.
Under California Vehicle Code § 23152(d), it is unlawful for a person with a CDL to operate a commercial vehicle with a blood alcohol concentration (BAC) of 0.04% or higher, half the legal limit for non-commercial drivers.
Penalties for a First CDL DUI
Second CDL DUI
It’s important to know that refusing to take a chemical test or losing at a DMV hearing can result in the same CDL suspension consequences as a criminal conviction.
If you’re a commercial driver facing driving under the influence charges, you need a DUI lawyer who understands what’s at stake. The attorneys at O’Connor Law APC are experienced in CDL-related DUI defense and will work aggressively to protect your career and your future.
Drivers under the age of 21 face unique and especially strict DUI laws in California. Under the state’s “Zero Tolerance” policy, it is illegal for anyone under 21 to drive with a blood alcohol concentration (BAC) of 0.01% or higher—even one drink can result in serious penalties.
There are three separate legal approaches that can apply to underage driving under the influence charges:
Vehicle Code § 23136 – Zero Tolerance Law
Vehicle Code § 23140 – Underage DUI
Vehicle Code § 23152 – Standard DUI Law
In all cases, an underage driving under the influence conviction can have long-lasting consequences, including impacts on college admissions, scholarships, employment, and auto insurance rates.
At O’Connor Law APC, we understand that young people make mistakes—but those mistakes shouldn’t define their future. Our DUI lawyer is skilled in defending underage drivers and will work to protect your rights, your record, and your opportunities.
DMV Hearing
After you are stopped and arrested for driving under the influence, the officer will immediately confiscate your driver’s license and give you a temporary license at the time of arrest or upon release from jail. This form is pink in color and commonly referred to as a “Notice of Suspension and Temporary Driver’s License.” After the date of arrest, you will have only 10 days to schedule a hearing with the DMV to contest your license suspension. If a hearing is not scheduled within this 10-day period, your license will be automatically suspended.
Your DMV hearing may be scheduled with the Driver Safety Office of the California DMV, and your DUI lawyer may represent you at the hearing. This hearing is your chance to show evidence or testimony that can help get your driving privileges reinstated until your DUI case is heard. The purpose of the DMV hearing is not to determine whether or not you are actually guilty of driving under the influence. It is solely to determine whether or not you will be able to keep your license. A skilled lawyer, like the DUI attorneys at O’Connor Law APC, will know exactly what paperwork and/or evidence is needed at your DMV hearing so that you get the best outcome possible.
Court Proceedings
The DUI charge and court process begin with the DUI arrest. A patrolling police officer may believe that your vehicle is being driven in an erratic manner or that a traffic violation has occurred and will pull you over. If the officer believes that you are intoxicated, they will take your license and arrest you for driving under the influence. You may then be held in custody following your arrest. If you are taken into custody, you can either be released on your own recognizance or you may have to post bail. One of the worst things that you can do is miss your court date, so if you are released on your own recognizance, immediately calendar your court date. A missed court date WILL result in the issuance of a warrant for your arrest, and you are almost guaranteed to spend some time in jail.
The first court appearance in a driving under the influence case is the arraignment. At your arraignment, the judge will advise you of the charges that have been filed against you, and it is at that time when you can plead not guilty and fight the charges or plead guilty and accept whatever punishment the judge decides is warranted in your case. It is rarely a good idea to plead guilty at the arraignment, which is why you should consult the DUI attorneys at O’Connor Law APC before your arraignment.
After the arraignment, there are pretrial conferences and hearings that must be attended. These pretrial proceedings are where the DUI attorneys at O’Connor Law APC skillfully challenge the prosecution’s evidence and advocate on your behalf to secure the best possible result in your driving under the influence case. Through their efforts, the DUI attorneys at O’Connor Law APC will use their years of experience to aid you in getting a reduced charge or sentence in your DUI case that you desire.
If a resolution cannot be reached at the pretrial stage, the next step would be to take the case to the ultimate end – a jury trial. It is at jury trial where the prosecution has the burden of proving that you are indeed guilty of DUI. The attorneys at O’Connor Law APC have participated in a great many DUI trials, which gives them an advantage in the courtroom and is a big reason why you should choose O’Connor Law APC to represent you in your DUI case.
An arrest for driving under the influence is stressful and often confusing. It is important to make the right decisions early on in the process so that you have the best defense available in your DUI case. Taking the right steps from the beginning will protect your record and license from the potentially devastating consequences of a DUI.
Post Bail
Depending on the circumstances surrounding your DUI arrest, you might be required to post bail. The posting of bail in a driving under the influence case allows the suspect to pay for his or her release, with the understanding that the suspect promises to appear at all future court proceedings or is released on his or her own recognizance. If you are unable to afford the bail recommended for your case, a bail bond agency will require an upfront fee, and once that fee is paid, they will post bail for you.
Request a DMV Hearing
If you are arrested for driving under the influence, the police will confiscate your California driver’s license and give you a temporary permit. It is your obligation to contact the DMV within 10 days of your arrest to request a stay of the suspension and arrange a DMV hearing. If you or your attorney fails to request a DMV hearing, your license WILL be suspended automatically. At the DMV hearing, a representative of the department will determine whether or not your license should be suspended.
Driving under the influence cases are specialized and very difficult to defend. You should choose a lawyer with knowledge of current DUI laws to represent you during this important time in your life. The DUI lawyers at O’Connor Law APC will provide quality legal counsel and aggressive representation if you have been charged with a DUI. Contact our firm today for a free initial consultation.
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