DUI Lawyer in Santa Ana, Orange and Tustin
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A DUI arrest in central Orange County opens two cases at the same time: a criminal case in the Orange County Superior Court and a separate license case with the California DMV. The DMV case has the shorter deadline. The United Firm | La Liga Defensora, A.P.C. defends first-offense DUI cases for people arrested in Santa Ana, Orange, Tustin and Villa Park, and we have an Orange County office at 1100 Town and Country Road in Orange. You can also talk with us and hire us entirely by phone.
The 10-day DMV deadline comes first
If you were arrested for driving with a blood alcohol level of 0.08% or more, or you refused a chemical test, the officer usually takes your paper license and gives you a pink temporary license that lasts 30 days. You have 10 days from the arrest to request an Administrative Per Se (APS) hearing with the DMV (Vehicle Code 13558). If no one asks for the hearing, the suspension starts automatically when the temporary license runs out. For a first offense with a test result of 0.08% or more, that administrative suspension is generally four months; for a refusal it is one year.
Requesting the hearing keeps your options open. It usually keeps you driving until the hearing is decided, gives us the officer’s report and test records before the court case moves forward, and lets us question how the stop and the test were handled. DMV hearings can be held by video conference or by phone, so you usually do not have to take a day off to sit in a DMV office.
Which Orange County courthouse hears your case
Orange County misdemeanor cases are filed by the Orange County District Attorney and assigned to a justice center based on the city where the arrest happened, not where you live. An arrest in Santa Ana, Orange, Tustin or Villa Park normally goes to the Central Justice Center, 700 Civic Center Drive West, Santa Ana. Arrests in other parts of the county go to the North Justice Center in Fullerton, the West Justice Center in Westminster or the Harbor Justice Center in Newport Beach. Your citation or release paperwork lists the courthouse and the date of your first hearing.
That first date is your arraignment. In many misdemeanor DUI cases an attorney can appear for you under Penal Code 977 with your written authorization, although the judge can require you to be present. We tell you early which dates you need to attend.
Who made the arrest matters
DUI arrests in this part of the county come from the Santa Ana, Orange and Tustin police departments and from the California Highway Patrol on the 5, the 55, the 22 and the 57. Each agency keeps its own reports, breath-test records and body-camera or dash-camera video, and we request what applies to your stop. If you were stopped at a sobriety checkpoint, the checkpoint has its own legal requirements, and we review those too.
What a first-offense DUI can mean
A first DUI under Vehicle Code 23152(a) or (b) is normally a misdemeanor. The law allows a range of penalties, including informal probation, fines and penalty assessments, a state-licensed DUI education program (three months for most first offenses, longer for a test of 0.20% or more), and a court-ordered license suspension. In many first-offense cases you can keep driving on a restricted license, often with an ignition interlock device. A DUI conviction also counts as a prior for ten years if there is a later case.
Every case turns on its own facts, so we do not quote outcomes. What we can tell you is what we look at and what choices you will have at each step.
How we review a first DUI case
- The reason for the stop: whether the officer had a lawful basis to pull you over or detain you, including at a checkpoint.
- Field sobriety tests: how they were explained, the road surface and lighting, and any medical or footwear issues that affect the results.
- Breath testing: the 15-minute observation period and the device’s calibration and maintenance records under California’s Title 17 rules.
- Blood testing: how the sample was drawn, stored and analyzed, and whether a retest of the sample is worth requesting.
- Timing: when you drank and when you were tested, which can matter when the result is close to 0.08%.
- Body-camera and dash-camera video from the arresting agency.
Depending on what the evidence shows, possible paths can include a motion to suppress evidence, negotiation for a reduced charge such as a ‘wet reckless’ (Vehicle Code 23103), or trial. Whether any of these is available depends on your facts and the prosecutor’s position.
Hire us without taking a day off
Most of our Orange County clients work full time and cannot spend a morning at the courthouse just to start a case. You can call, tell us what happened, and sign a written fee agreement from your phone. We request the DMV hearing, get the police report and keep you updated by phone, text and email. If the 10-day window has already passed, call anyway; there may still be steps we can take in the court case.
Frequently asked questions
How long do I have to request a DMV hearing after a DUI arrest in Santa Ana?
Ten days from the date of the arrest. The deadline is the same everywhere in California. If no one requests the hearing, the suspension usually starts automatically when the 30-day temporary license runs out.
Which courthouse handles a DUI from Santa Ana, Orange or Tustin?
Usually the Central Justice Center at 700 Civic Center Drive West in Santa Ana. Orange County assigns misdemeanor cases by the city where the arrest happened, so check the courthouse printed on your paperwork.
I was arrested in Anaheim or Costa Mesa. Is that the same court?
No. Anaheim cases normally go to the North Justice Center in Fullerton, and Costa Mesa cases to the West Justice Center in Westminster. We handle cases in all of them.
Do I have to appear in court myself?
Not always. In many misdemeanor DUI cases your attorney can appear for you under Penal Code 977, but the judge can order you to attend some hearings. We tell you which ones.
Can I keep driving to work after a first DUI?
Often, yes. Many first offenders qualify for a restricted license, sometimes with an ignition interlock device. It depends on your test result, whether you refused, and your driving record.
Arrested for DUI in Santa Ana, Orange or Tustin? The 10-day DMV deadline is already running. Call (855) 636-0550 for a free phone consultation. You can hire us by phone, with no office visit needed.
Related pages
- California DUI defense (practice hub)
- Expungement help in Long Beach and the Gateway Cities
- DUI defense in Rancho Cucamonga and the Inland Empire West
Attorney Advertising. NotGuilty.com is a website of The United Firm | La Liga Defensora, A.P.C., 3699 Wilshire Blvd., Suite 1000, Los Angeles, CA 90010. Attorney responsible for this page: Shawn F. Matian (Cal. Bar No. 244148). The domain name is not a promise or prediction of any result. Every case is different, and prior results do not guarantee a similar outcome. This page is general information, not legal advice, and does not create an attorney-client relationship.
