DUFFY LAW, A Professional Corporation
DUI charges are among the most common criminal cases in Orange County. If you’re facing DUI, having an experienced attorney on your side can make a big difference. A skilled DUI defense lawyer can represent you at most court hearings, identify important legal issues in your case, and handle your APS hearing with the California DMV. We’re here to fight for you, protect your rights.
Get in touch with our legal experts today.
A DUI arrest in Orange County triggers two separate fights at the same time: one in criminal court and one at the DMV. While the court handles fines, probation, and potential jail time, the DMV focuses solely on your privilege to drive. These two tracks move on different timelines and have different rules of evidence. To protect your future, we must win—or at least mitigate the damage—on both fronts. We look for every weakness in the stop, the investigation, and the testing.
Most people I represent are facing their very first DUI. In Orange County, a first-offense DUI (misdemeanor) typically carries penalties including three years of informal probation, fines and assessments that can exceed $2,000, and a mandatory 3-month alcohol education program (AB 541). While jail is rare for a “standard” first offense, the impact on your insurance and your ability to drive can be devastating if not handled correctly.
If your blood alcohol concentration (BAC) was 0.15% or higher, or if you were speeding excessively at the time of the stop, the prosecution will often seek “enhanced” penalties. This can include a longer 9-month DUI school, mandatory installation of an Ignition Interlock Device (IID), and even a few days of jail or community service. Starting in 2026, new laws like AB 1087 allow judges to extend probation for up to five years in high BAC cases, making a strategic defense even more critical.
If your driving resulted in an accident, even if no one was hurt, the case becomes much more complex. Restitution to the other party is almost always required, and the “accident” factor often makes the District Attorney less willing to offer a lenient plea deal. If there were injuries, the charge can be elevated to a felony under Vehicle Code 23153, which carries a potential prison sentence.
If you refused to provide a breath or blood sample at the station, you are facing a “Refusal” allegation. This is a serious enhancement. Under California’s implied consent law, a refusal results in a one-year license suspension with no possibility of a restricted or IID license. I meticulously review all evidence, including body-worn camera (BWC) footage, to ensure the officer properly advised you of the consequences. If the advisement was flawed, we can often defeat the refusal allegation.
When you are arrested for DUI, the officer will usually confiscate your plastic driver’s license and hand you a pink piece of paper. This is your temporary license, which is only valid for 30 days. You have a strict 10-day DMV APS deadline from the date of your arrest to request a hearing. If you miss this window, your license will be automatically suspended once the 30 days are up.
Day 1: Arrest; plastic license taken; pink temporary license issued.
Day 10: Deadline to contact the DMV and request an APS hearing.
Day 30: Pink temporary license expires.
Month 1-3: Discovery (police reports and lab results) is reviewed and the DMV hearing is held.
Outcome: If we win the hearing, your license is returned. If we lose, a suspension begins.
We take care of it for you. Once you retain my firm, we immediately contact the DMV to request your hearing and a “stay” on your suspension, keeping you on the road legally while your case is working its way through the court system.
I don’t just “settle” for the first offer. I look for ways to win by focusing on:
Attacking the Stop: Did the officer have a valid legal reason to pull you over?
Field Sobriety Tests: Were the tests administered in strict compliance with NHTSA standards?
Breath Testing Errors: Was the machine calibrated? Did the officer follow the mandatory 15-minute observation period?
Blood Sample Integrity: We look for fermentation or contamination issues in the lab.
Pre-Trial Motions: Moving to suppress evidence that was obtained in violation of your rights.
As a former prosecutor with years of trial experience, I know how the other side thinks. I prepare every case as if it is going to trial, which is often the only way to get the prosecution to realize their case is weak and offer a better resolution.
For most first-time DUIs without injuries, we can typically avoid any actual jail time through alternative sentencing, such as community service or house arrest—or by getting the charges reduced or dismissed.
In most misdemeanor DUI cases, I can appear on your behalf. This means you won’t have to miss work or step foot in a courtroom for the majority of the proceedings.
The average DUI case in Orange County takes between three and six months to resolve, though complex cases involving accidents or expert witnesses may take longer.