Newport Beach DUI Attorneys

For some people charged with a DUI offense, it is the only time they will set foot in a courtroom during their lifetime and the process can be an intimidating experience.

During this process, you are treated like a criminal even though you may have made an honest mistake, nobody was hurt, and there was no property damage. Regardless, you will be tested, arrested, and subject to various other uncomfortable actions during this process.

Although it may seem unfair, the consequences of a DUI conviction are very real. The result could be a criminal record that could follow you around for the rest of your life.

Therefore, you need to take the charges seriously and mount a robust defense as soon as possible.

At The Law Offices of Bryan R. Kazarian, they believe you should not have to pay a long-term price for a short-term error.

As experienced Newport Beach DUI attorneys, The Law Offices of Bryan R. Kazarian are ready to defend you or a loved one against a DUI charge, even if it means taking the case to trial.

Can you defeat DUI charges?

Driving under the influence of alcohol or drugs (DUI) is a serious charge. However, there are several ways to defend yourself against a DUI charge with the help of The Law Offices of Bryan R. Kazarian.

Even if the evidence against you seems overwhelming, you have a good chance of escaping the most serious consequences if you hire a seasoned DUI attorney. 

Charges dismissed

The ideal outcome of any DUI case is a complete dismissal of all DUI charges. This result will save a lot of time and stress and means that you will avoid having a criminal conviction on your record. A dismissal will also result in vacating any immediate and long-term penalties associated with the offense.

Charges may be dismissed if law enforcement officers do not follow correct procedures or make mistakes during the DUI investigation. These errors may result in disqualifying evidence obtained in your DUI investigation from being used against you.

Sometimes, the blood alcohol content (BAC) test equipment may be faulty and therefore provide a false reading.

Another way charges may be dismissed is if the prosecution decides that the evidence against you is insufficient to achieve a conviction. In some cases, a skilled Newport Beach DUI lawyer, like those at The Law Offices of Bryan R. Kazarian, may also be successful in negotiating a dismissal.

Negotiating a reduction of charges

If it looks like the case against you will proceed and the evidence is strong (making acquittal at trial unlikely), your DUI defense attorney may recommend negotiating with the prosecution to keep the penalties you face to a minimum.

The DUI penalties are set by statute in California and are described below. These penalties can be severe.  However, there may be some flexibility if you have a skilled DUI attorney negotiating on your behalf.

One of the best outcomes, if a conviction based on the evidence is likely, could be having your DUI charge reduced to a “dry reckless” under the California Vehicle Code Section 23103(a). This result will greatly reduce the penalties you face, namely because it is not considered a “priorable” offense for any future charges should you face another DUI charge within a 10 year period. Additionally, the penalties and financial consequences are much less than a DUI offense.

The better your attorney knows the local court and personalities who work there, the greater the chance you have of a successful negotiation. The legal team at The Law Offices of Bryan R. Kazarian is very familiar with the local Newport Beach court system and the prosecutors who work there.

Acquittal at trial

An acquittal is when a person goes to trial and is found not guilty of all charges brought against them. 

Failure to prevent the case from proceeding against you or to negotiate a lesser charge can mean that this is your last option for clearing your name of the DUI charge.

A trial in California requires attorneys to follow strict procedures in presenting their case and offering evidence to the court and jury for consideration.  While the attorneys at The Law Offices of Bryan R. Kazarian are well accustomed to life in the courtroom, it may be a little intimidating for you.

Before trial,  a seasoned attorney, like those at The Law Offices of Bryan R. Kazarian will, review the case evidence and meet with both the District Attorney and judge to evaluate the chances of success should your case proceed to trial. 

Even if your case goes to trial, the attorneys at The Law Offices of Bryan R. Kazarian will continue to attempt to negotiate with the District Attorney and the court during the trial so as to reach the best possible outcome for your case.

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During the consultation, we will help you understand your rights and the charges laid against you.

Evidence that can be used against you in a DUI case

In DUI cases, the evidence used against you may seem overwhelming and impossible to contest. However,  this may not be the case when viewed by an experienced DUI attorney.

The prosecution may rely on the following five types of evidence:

  1. Results from field sobriety tests 
  2. Blood or breath test results
  3. Evidence of how you were driving (drifting between lanes, going off the road, etc.)
  4. Your body language (shaky hands, slow reflexes, red eyes) 
  5. Incriminating statements you made

An experienced  DUI attorney will assess all the evidence against you to identify any inconsistencies, omissions, or weaknesses in the case against you. 

Can you refuse to take a breathalyzer test?

In California, after you are arrested for a DUI, it is illegal for you to refuse to take a chemical test (breath or blood). A refusal to take a chemical test will result in a suspension of your license for one to three years. 

However, prior to your arrest, you may be asked by an officer to take a PAS breath device test (Preliminary Alcohol Screen). As opposed to the chemical test, you are not required by law to submit to this PAS test prior to your arrest. The PAS device is used as another field sobriety test by an officer to evaluate your impairment to drive a motor vehicle.

What are the penalties for DUI in Newport Beach?

Typically, if you are convicted of a first time DUI in Newport Beach, you may face the following penalties and consequences:

  • Two days to six months of jail time (almost always suspendable for first offenders)
  • Court fees and fines of $390 + penalty assessments (approximately $2,100)
  • Three years  of probation
  • Driver’s license suspension by CA DMV 
  • Three to nine months of DUI School

These penalties may vary. While jail time is technically possible, very few first offenders will suffer these consequences if they have experienced, competent legal representation. 

The judge will also consider the facts of your case and may exert considerable discretion according to the DUI laws. Your type of driver’s license, prior criminal record, blood alcohol level, and whether injury or property damage occurred are all key factors taken into consideration when evaluating your case.

It always pays to have an experienced DUI lawyer on your side to argue and negotiate for the minimum possible consequences and penalties. 

Will you lose your driver’s license for a DUI?

In California, you will face two types of cases against you if you are arrested for a DUI offense: the DMV, with regard to your privilege to drive a motor vehicle,  and the criminal court, with regard to fines/fees and possible incarceration.

This means that driver’s license suspensions may be two-fold.

1. Administrative suspension

If you are arrested for a DUI in Newport Beach, you will need to surrender your license to the arresting officer.    You will receive a pink paper (Form DS-367) which will act as your temporary license for the next thirty days. If you want to contest the suspension, you must contact the Department of Motor Vehicles within 10 days of your arrest to request a DMV hearing (Administrative Per Se Hearing). This request will prevent your license from being suspended after the expiration of the thirty days.

The Law Offices of Bryan R. Kazarian can represent you at this hearing. They will treat this hearing similar to a court trial by presenting evidence on your behalf and cross-examining witnesses, if necessary, to attempt to prevent your license from being suspended. Should the DMV not rule in your favor at the hearing, your license will be suspended for up to four months.

2. Full license suspension/license restrictions

In the criminal case against you, if you are found guilty of a first-time DUI, the DMV will suspend your driver’s license for six to ten months.

However, the full license suspension may only last a short while if you agree to install and drive with an ignition interlock device (IID). An IID is a small breathalyzer device that prevents the engine of the vehicle from starting unless a zero-alcohol reading is returned by the driver.

In some cases, you may be given a restricted license. This means that you can continue to drive to and from work or as necessary within the course and scope of your employment.  

Remember, if your license is suspended, you cannot drive again until you have taken the steps required by the DMV to get it reinstated. Reinstatement of your license does not happen automatically.

Where is the Newport Beach DUI school located?

A drug and alcohol education program is almost always part of sentencing for a DUI and can last between 3 and 18 months.

For a first offense, you can complete your educational requirements at the following Newport Beach location :

Academy of Defensive Driving, Inc.
2000 Quail Street
Newport Beach, CA 92660
(949) 752-0710

For longer programs, you can complete your educational requirements at the following Newport Beach  location:

Gold Coast Counseling Center
1441 Superior, Ste. D
Newport Beach, CA 92663
(949) 722-0893

Have you been charged with a DUI offense in Newport Beach?

A DUI charge may be an honest mistake. However, it is a dangerous mistake that can greatly affect your future.

Legal representation by a team of experienced DUI attorneys will help you understand your options, navigate the legal processes, and prevent one mistake from damaging your future.

If you or a loved one were charged with a DUI in Newport Beach and need legal assistance, The Law Offices of Bryan R. Kazarian will work towards the best possible outcome for your case. Call The Law Offices of Bryan R. Kazarian today at 855-918-4253 to discuss your case and discover your legal options. 

We have offices in Santa Ana, Westminster, Los Angeles, and San Bernardino, and serve the surrounding areas including Newport Beach and Fullerton. Our lawyers at The Law Offices of Bryan R. Kazarian are available 24/7 to help! Book a free online consultation to get started today.
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