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DUI Crimes

Safeguarding Your Rights and Future

At Simmons Wagner, LLP, we recognize that a Driving Under the Influence (DUI) charge can have life-altering consequences—threatening your driving privileges, finances, and freedom. Our office, centrally located in Southern California, is dedicated to building strong, evidence-based defenses for individuals accused of all types of DUI offenses. If you or a loved one is facing a DUI charge, call (949) 439-5857 for a confidential, no-obligation consultation.

Standard DUI

A Standard DUI usually arises when a driver operates a vehicle with a Blood Alcohol Concentration (BAC) at or above the legal limit of 0.08% (in most jurisdictions). Even if your BAC is below 0.08%, law enforcement may still pursue charges if they believe your driving was impaired by alcohol or drugs.

Key Points:

  • May be charged as a misdemeanor for a first offense in many states.
  • Potential penalties include fines, license suspension, mandatory alcohol education, and possible jail time.
  • Field Sobriety Tests (FSTs) and breathalyzers can be challenged if improperly administered or maintained.

Aggravated or Enhanced DUI

An Aggravated or Enhanced DUI charge typically applies when certain aggravating factors are present, such as:

  • High BAC (e.g., 0.15% or above, depending on state law).
  • Child Endangerment: Driving under the influence with a minor in the vehicle.
  • Excessive Speed: Speeding significantly over the limit while impaired.
  • Repeat Offenses: Prior DUI convictions.

These enhancements can elevate penalties, potentially leading to longer jail sentences, steeper fines, extended license suspensions, and mandatory ignition interlock devices.

Underage DUI

An Underage DUI charge applies to drivers under the legal drinking age (21 in most states). Many jurisdictions adopt a zero-tolerance policy, meaning any detectable amount of alcohol in an underage driver’s system can lead to charges.

Key Points:

  • Even a BAC as low as 0.01% can trigger an underage DUI in zero-tolerance states.
  • Penalties often include license suspension, fines, mandatory alcohol education, and potential probation.
  • Underage DUI convictions can have long-term consequences on college enrollment, scholarships, and future employment.

Felony DUI

While many first-time DUI charges are classified as misdemeanors, certain circumstances can escalate a DUI to a felony, such as:

  • Repeated Offenses: Multiple prior DUI convictions within a specified time.
  • Serious Injury or Death: Accidents causing bodily harm or fatality due to impaired driving.
  • Prior Felony DUI: If you have been previously convicted of felony DUI, a new DUI charge is often prosecuted as a felony.

Felony convictions carry significantly harsher penalties, including extensive prison sentences, large fines, and a permanent criminal record that can limit future opportunities.

Commercial Driver DUI (CDL DUI)

Commercial drivers (truckers, bus drivers, etc.) are held to higher standards due to the nature of their work and public safety considerations. In most states, the legal BAC limit for CDL holders is 0.04%—half the limit for non-commercial drivers.

Potential Consequences:

  • Immediate disqualification of CDL for a year or more, even for a first offense.
  • Severe impact on employment, as many transportation companies enforce zero-tolerance policies.
  • Additional federal regulations may apply, restricting future commercial driving opportunities.

DUI Refusal (Implied Consent Violation)

Most states have implied consent laws, meaning that by obtaining a driver’s license, you implicitly agree to submit to breath, blood, or urine tests if lawfully requested by a police officer.

If you refuse:

  • You may face automatic license suspension for a defined period.
  • In some jurisdictions, refusal can be used as evidence of guilt in court.
  • A separate Implied Consent hearing may be required to challenge the suspension.

Boating Under the Influence (BUI)

Operating a watercraft (boat, jet ski, etc.) while impaired is commonly referred to as Boating Under the Influence (BUI). Although similar to standard DUI regulations, states often have unique statutes for water vessels.

Key Points:

  • BAC limits for BUI are usually the same as for driving on land (0.08%).
  • Penalties can include substantial fines, possible jail time, and suspension of boating privileges.
  • Accident or injury caused by an intoxicated boater may lead to felony charges.

Potential Penalties & Consequences

  • Fines & Court Fees: Vary widely based on offense type and prior record.
  • Jail or Prison Sentences: Ranging from short county jail stints to multi-year state prison terms for serious or repeat offenses.
  • License Suspension or Revocation: Potentially indefinite for multiple offenses or high BAC cases.
  • Ignition Interlock Devices: Mandatory installation in some states, requiring a breath test to start the vehicle.
  • Insurance Rates: Significant premium hikes or policy cancellations.
  • Criminal Record: A DUI conviction can hinder job prospects, professional licenses, and housing opportunities.

Our Approach

Comprehensive Case Review

We scrutinize every detail—from the legality of the traffic stop and arrest to the calibration of testing equipment. Our goal is to identify procedural errors, improper evidence handling, or violation of your rights.

Tailored Defense Strategy

Each DUI case is unique. Whether we argue that testing was flawed, challenge the accuracy of Field Sobriety Tests, or negotiate alternative sentencing, our defenses are rooted in your specific facts and goals.

Negotiation and Litigation

While we aim to reduce or dismiss charges through negotiation, we are fully prepared to litigate your case in court if a favorable resolution cannot be reached. Our firm’s resources and network of experts can strengthen your position.

Ongoing Guidance and Support

We keep you informed throughout the process—addressing license reinstatement issues, potential plea deals, and what to expect at every phase. Your best interests drive our legal decisions and recommendations.

Why Choose Simmons Wagner, LLP in Irvine, CA, for DUI Defense?

  • Extensive DUI Defense Experience: We have handled a broad spectrum of DUI cases, from first-time infractions to serious felony charges.
  • Technical & Scientific Insight: Our familiarity with breathalyzer technology, blood testing procedures, and field sobriety protocols positions us to challenge suspect evidence effectively.
  • Client-Focused Representation: We understand that facing a DUI can be stressful and overwhelming. Our team provides clear communication, empathy, and a steadfast commitment to achieving the best possible outcome.
  • Local Knowledge, Wide Reach: Based in Irvine, we serve clients throughout Orange County and beyond, leveraging strong community ties and regional expertise to bolster your defense.

Contact Us

A DUI charge can jeopardize your license, livelihood, and freedom. Don’t navigate this process alone. Simmons Wagner, LLP stands ready to advocate on your behalf with aggressive, evidence-based representation. Call (949) 439-5857 today for a free, confidential consultation. Let our dedicated team guide you toward a resolution that safeguards your rights and future.

 

(949) 439-5857