Santa Ana DUI Attorney 

California DUI Laws

California has some of the strictest DUI laws in the country. Under California Vehicle Code §23152, it is illegal to operate a motor vehicle while impaired by alcohol, drugs, or a combination of both. You can be charged with a DUI in two primary ways:

• Driving with a blood alcohol concentration (BAC) of 0.08% or higher
• Driving while impaired by alcohol or drugs, regardless of BAC

For commercial drivers, the legal limit is 0.04%, and for drivers under the age of 21, California enforces a strict zero-tolerance law under Vehicle Code §23136 and §23140. This means that even a BAC as low as 0.01% may result in penalties for an underage driver.

Beyond alcohol, California also criminalizes driving under the influence of drugs (DUID). This includes illegal drugs, prescription medications, and even over-the-counter medications that impair your ability to drive safely.

A DUI arrest triggers two separate legal processes:

• Criminal case in court
• Administrative license suspension by the California DMV

You only have 10 days from the date of your arrest to request a DMV hearing to challenge your license suspension. A knowledgeable Santa Ana DUI defense lawyer at Braden & Tucci can handle this process for you and fight to protect your driving privileges.

Common Types of DUI Charges & Penalties

DUI penalties in Santa Ana vary depending on your prior record, your BAC level, and whether any injuries or property damage occurred. Common DUI charges include:

First-Time DUI

• Fines and fees up to $2,000+
• Driver’s license suspension (up to 6 months)
• DUI education program (3–9 months)
• Possible jail time (up to 6 months)
• Installation of an ignition interlock device (IID)

Second DUI (Within 10 Years)

• Increased fines and court costs
• Longer license suspension (up to 2 years)
• 96 hours to 1 year in county jail
• Mandatory IID requirement
• Extended DUI school

Third or Subsequent DUI

• Felony charges possible
• Up to 3 years in state prison
• Multi-year license revocation
• Habitual traffic offender status

DUI Causing Injury

If someone is injured due to an alleged DUI, the charge can become a felony, carrying:

• State prison sentence
• Significant fines
• Restitution to the victim
• Permanent criminal record

A qualified Santa Ana DUI defense lawyer can evaluate the specific circumstances of your case and explain the potential penalties you face, along with your options for fighting the charges.

Legal Defenses Against DUI Charges

DUI cases are often built on evidence that can be challenged and discredited in court. At Braden & Tucci, we explore every possible defense strategy to protect our clients. Some of the most common DUI defenses include:

• Illegal Traffic Stop: Law enforcement must have reasonable suspicion to pull you over. If the stop was unlawful, all evidence obtained afterward may be thrown out.
• Inaccurate Breath or Blood Tests: Breathalyzers and blood tests can produce false results due to improper calibration, medical conditions (GERD, diabetes), contamination or improper storage of blood samples, or faulty equipment or operator error.
• Faulty Field Sobriety Tests: Field sobriety tests are highly subjective and affected by fatigue, nervousness, weather conditions, uneven pavement, or medical issues.
• Violation of Rights: If police failed to read your Miranda rights or conducted an illegal search or interrogation, your constitutional rights may have been violated.
• Rising BAC Argument: Your BAC may have been below the legal limit while driving but rose above it by the time testing was conducted. This can create reasonable doubt.

A skilled Santa Ana DUI defense lawyer will carefully investigate your case, review police body cam footage, examine lab procedures, and consult expert witnesses when necessary to challenge the prosecution’s claims.

DUI FAQs

Will I go to jail for my first DUI in Santa Ana?

Not necessarily. Many first-time DUI cases result in probation instead of jail time, especially if no accident or injuries were involved.

Can I still drive after a DUI arrest?

You have 10 days to request a DMV hearing. If you do not request a hearing, your license will automatically be suspended. A Santa Ana DUI defense lawyer can request this hearing and attempt to keep you on the road.

What if I refused a breath or blood test?

Refusing testing can lead to enhanced penalties and automatic license suspension. However, you may still have legal defenses available.

How long will a DUI stay on my record in California?

A DUI stays on your driving record for 10 years and remains part of your criminal record permanently unless it is expunged.

Can my DUI be dismissed or reduced?

Yes, it is possible. Many DUI cases are reduced to reckless driving or even dismissed when critical evidence is successfully challenged.

Why Choose Braden & Tucci?

Santa Ana clients value our reputable DUI defense leadership across Southern California. Our firm, Braden & Tucci, prides itself on providing personalized attention, standing apart from competitors who may operate as high-volume 'DUI mills.' When you choose us, you receive direct support from our experienced legal team, including Vincent Tucci, renowned for his authoritative role in the legal community.

Our dedication is reflected in the prestigious ratings we have received and our steadfast focus on DUI cases. Unlike many firms, Braden & Tucci ensures a defense-centric perspective with no prosecutorial influence, guaranteeing a client-first approach in all proceedings.

Additionally, our strategic approach includes understanding the unique characteristics of your specific situation. We consider factors like prior convictions, BAC levels, and other relevant details, tailoring our tactics to counter the prosecution’s moves effectively. Our primary objective is to lower the charges or achieve a dismissal, highlighting our commitment to safeguarding your future.

Contact us today at (949) 996-0170 to schedule a free consultation with our Santa Ana DUI defense lawyer.