::: THE Orange County DUI Attorney :::

1. I just got arrested for DUI. What's the first thing I should do?

You or your attorney must request a DMV hearing within 10 days of your arrest. If you fail to do so, you will be denied a hearing and your driver’s license will be suspended. If you request a hearing yourself, be sure to request a “stay” on the suspension pending the outcome of your hearing.

Click here to learn more about your DMW hearing

2. Will my case go to trial?
Deputy District Attorneys do not file cases they may potentially lose. Therefore, 95% of people charged with DUI will ultimately enter into a plea agreement. It is very unlikely your case will go to trial.

3. I was arrested outside of Orange County. Will Amy handle my case?
Amy McDonald only represents DUI cases filed in Orange County.

4. What are your fees?
There is an enormous difference between a case that ends in a plea agreement and one that ends in trial. I am very sincere about only charging my clients a fair fee for the amount of work I do on their case. Remember, over 95% of all DUI cases end in a plea agreement. Having two separate fees can save you thousands of dollars if your case does not go to trial.

5. Do you offer discounted fees?
I offer a unique service, an arrest report review, for those people arrested for DUI that are considering representing themselves. For a significantly reduced fee, I will review your arrest report and offer guidance and advice on how to proceed with your case.

6. Do you accept pro bono cases?
I'm fortunate to be in a position to help some people who have been charged with a DUI who wouldn't ordinarily have the financial resources to retain a private attorney. If your case is one that does not have enough reasonable doubt to go to trial, I strongly suggest you request a public defender. The public defenders in Orange County are very competent and capable of negotiating a fair plea agreement for you. However, if the facts of your case give rise to reasonable doubt, you should definitely take your case to trial. While the public defenders in Orange County are fully capable of taking your case to trial, they simply do not have the time to give all of their clients as much personal attention as a private attorney can. Their case loads are simply too large.

I absolutely love going to trial, especially with a winnable case. If I review your case and believe it is winnable at trial, I will represent you at no cost.

Please know I must limit myself to two Pro Bono trials per year. Your case may be selected for no fee representation if:

1. A blood alcohol level of .08% or less with a relatively good driving pattern (or even better, you were stopped at a sobriety check point) and relatively good performance on the field sobriety tests. (A breath test is better than a blood test.)

2. The officer did not see you drive, you were not involved in a collision, and the evidence that you were driving is weak.

3. The officer did not see you drive, you were not involved in a collision, and you believe that the civilian witnesses who did see you drive will not want to testify against you at trial.

If your case falls within these parameters, please contact me so that I can review your arrest report. If I believe your case is winnable and you can show financial need, I will waive my fee.

7. What possible defense do I have for my case?
The following are a few of the many defenses to a DUI case.

Motion to Suppress Evidence (1538.5 motion)
The best defense to a DUI charge is that the officer did not have proper grounds to make contact with you. If you can convince a judge of this fact through a 1538.5 motion, your case will be dismissed without even going to trial. One of the best examples of a good 1538.5 issues is that the officer stopped you for failing to use your turn signal. The only time using your turn signal is necessary is when "traffic is being affected." Many police officers don't understand this concept, but most judges in Orange County do!

No Driving
The first issue a prosecutor has to prove in a DUI case is that you were driving a motor vehicle. In some cases the police officer does not actually see you driving. When only circumstantial evidence exists, the defense that you weren't actually driving can be very effective.

Scientific Defenses
There are a variety of scientific defenses that require expert testimony. Some are more effective than others depending on the facts of your case.

The two best scientific defenses are:

Rising Blood Alcohol
The law requires that you not have a blood alcohol level of .08% or greater at the time of driving. What your blood alcohol level was before or after driving is irrelevant if you can prove that at the time of driving, your blood alcohol level was below a .08%. An expert can testify, depending on your drinking pattern, that even though you were a .08% or greater at the time you were tested, you were actually below a .08% at the time of driving. This has proven to be a very effective defense in many cases.

Margin of Error
The breath test used to measure your blood alcohol level has a margin of error of .01% to .02%. There is built-in reasonable doubt on a test result of .08%. This is definitely a very effective argument at trial.

8. Where will my case be handled?
If you were arrested in Orange County and your case is filed, it will be handled in one of the following Superior Courts:

Central Justice Center
700 Civic Center Drive West
Santa Ana, California 92702

Harbor Justice Center
Newport Beach Facility
4601 Jamboree Rd.
Newport Beach, California 92660

North Justice Center
1275 N. Berkeley Ave.
Fullerton, California 92838
West Justice Center
8141 13th Street
Westminster, California 92683

Harbor Justice Center
Laguna Niguel Facility
30143 Crown Valley Parkway
Laguna Niguel, California 92677

9. What are penalties for DUI?
California Vehicle Code Section 23152 (Sentences include a 3-5 year probation term standard in Orange County.)

FIRST OFFENSE Two options, both requiring attendance at a 3 month or 6 month alcohol/drug program, a fine of $390 to $1000, plus either: (A) 48 hours to 6 months in jail; or (B) for arrests prior to September 20, 2005, a 90-day license restriction. Under Option (A), the Court may also suspend your license for 6 months. Under either option, your license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. As a result of the court conviction, the DMV will suspend your license for 6 months, but a restricted license may be available.

SECOND OFFENSE Two options, both carrying a fine of (Within 10 years) $390 to $1000, plus either: (A) 10 days to 1 year in jail and a 2 year license suspension; or (B) 96 hours to 1 year in jail, an 18-month or 30-month alcohol/drug program, and for arrests prior to September 20, 2005, a license restriction allowing driving only for work and alcohol/drug program for the duration of the program. However, your license shall be suspended for 2 years if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. Installation of interlocking device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be available after the first year of suspension.

THIRD OFFENSE 120 days to 1 year in jail, $390 to $1000 (Within 10 years) fine, a 3-year license revocation, and an 18-month or 30-month alcohol/drug program if you have not completed one before.

FOURTH OFFENSE 180 days to 1 year in jail, $390 to $1000 (Within 10 years) fine, a 3-year license revocation, and an 18-month or 30-month alcohol/drug program if you have not completed one before.

Misdemeanor DUIs
The majority of DUIs are filed as misdemeanors. Sometimes an enhancement is charged as well. Enhancements usually include excessive BAC (.20 or greater), a collision or child endangerment. These increase the possible penalties in your case.

Felony DUIs
Felony DUIs are for more serious than misdemeanor DUIs as they can carry a state prison sentence. Some felonies can be reduced to misdemeanors. It is also possible to negotiate a plea agreement that involves county jail as opposed to state prison. Experts are usually needed to investigate, create reports, and testify. I work with only the best experts in Orange County.

Hit and Run (associated with DUI)
Some DUI cases involve a hit and run charge. In some cases, the hit and run charge can be dismissed, depending on the facts, so long as restitution has been paid to the victims.

Driving on a Suspended License (DUI related)
Driving on a suspended license carries penalties that vary depending on how many times you have been charged with this offense.

Probation Violations (DUI related)
The most common reasons for probation violations are failure to enroll in a class and failure to pay fines. While jail time is possible you can usually get a second chance depending on the judge.

DMV Hearings
DMV hearings are completely separate from court case. These hearings only address whether or not your license will be suspended and do not affect your court case in any way.

Arrest Report Review
I offer a unique service for those people arrested for DUI that are considering representing themselves. For a significantly reduced fee, I will review your arrest report and offer guidance and advice on how to proceed with your case.