Driving Under the Influence (DUI)

Driving Under the Influence (DUI)

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.

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Orange County DUI - Former Public Defender, 19+ Years Experience. | Duffy Law, PC

I’ll help keep you out of jail, protect your record, and handle everything in court and at the DMV so you do not face this alone.

Facing a DUI in Orange County can feel like your life has hit a standstill. Between the flashing lights and the confusing paperwork, the stakes are incredibly high. At Duffy Law, PC, led by veteran attorney William J. Duffy, we provide aggressive, strategic defense for those facing driving under the influence charges in Irvine, Newport Beach, and the surrounding areas. With 20+ years of local experience, we don’t just handle cases—we fight for your future.

New California DUI Laws for 2026: What You Need to Know

California’s DUI landscape has changed significantly as of January 1, 2026. These updates affect everything from how long you are on probation to mandatory equipment in your vehicle:

  • Extended Probation (AB 1087): For serious DUI cases involving injury or manslaughter, mandatory probation has been increased to a range of three to five years.
  • Mandatory Ignition Interlock Devices (AB 366): The statewide IID program has been extended through 2033. Even first-time offenders should expect court-ordered breathalyzers in their vehicles for up to 12 months.
  • Felony Reductions (AB 321): In a rare defense-friendly update, judges now have the authority to reduce “wobbler” felony DUIs to misdemeanors at any point before trial, providing more opportunities for a favorable resolution.

The Orange County DUI Process: Two Fights in One

1. The DMV Administrative Per Se (APS) Hearing

You only have 10 days from the date of your arrest to request a hearing with the California DMV. If you miss this window, your license will be automatically suspended. As your Irvine DMV hearing attorney, William J. Duffy will fight to “stay” your suspension, allowing you to keep driving while we build your defense.

2. The Criminal Court Case

While the DMV focuses on your license, the court focuses on your freedom. We navigate every stage of the process, from your arraignment at the Harbor Justice Center to pretrial motions and, if necessary, a full jury trial.

3. Proven DUI Defense Strategies

We don’t accept the prosecution’s evidence at face value. Our firm utilizes advanced legal and scientific strategies to challenge the government’s case:

  • Challenging the Initial Stop: If the officer lacked reasonable suspicion or probable cause to pull you over, we file a Motion to Suppress (PC 1538.5) to have the evidence thrown out.
  • Inaccurate Chemical Tests: Breathalyzers and blood tests are prone to error. We investigate equipment calibration logs and look for procedural mistakes, such as a failure to observe the 15-minute waiting period.
  • Rising Blood Alcohol Defense: We can often prove your BAC was actually lower at the time you were driving than it was at the time you were tested.
  • The “No Driving” Defense: If the police didn’t see you driving, the prosecution may struggle to prove you were in “volitional movement” of the vehicle.

Arrested for DUI in Orange County – What Happens Next?

After you have been arrested for DUI in Orange County under VC 23152 or 23153, your license and your freedom are both immediately on the line, which is why contacting an Irvine DUI lawyer as soon as possible is critical. As an experienced Orange County DUI attorney, I walk you through each charge, protect your rights at your first court date (arraignment), and at once start looking for weaknesses in the traffic stop, the field sobriety tests, and the breath or blood results. At the same time, you face a separate DMV action that can suspend your license even while your court case is pending, so I promptly request the DMV hearing for you, appear on your behalf, and fight to keep you driving while your DUI case moves through the Orange County courts.

Frequently Asked Questions

You must act within 10 calendar days of your arrest to request an Administrative Per Se (APS) hearing with the California DMV. If you miss this window, your driver’s license will be automatically suspended, regardless of your court outcome. At Duffy Law, PC, we handle this request for our clients immediately to secure a "stay" on the suspension, allowing you to keep driving while we fight your case.

Three major updates took effect on January 1, 2026:

  • AB 1087: Mandatory probation for serious DUIs (involving injury or manslaughter) is now 3 to 5 years.

  • AB 366: The Ignition Interlock Device (IID) requirement has been extended through 2033. Most offenders will now need an in-car breathalyzer for at least 12 months.

  • AB 321: Judges now have the authority to reduce "wobbler" felony DUIs to misdemeanors at any point before the trial begins, providing more opportunities for a favorable resolution.

In most misdemeanor DUI cases in Orange County, your attorney can appear on your behalf under Penal Code 977. This means you likely won't have to miss work or step foot in a courtroom at the Harbor or Central Justice Centers unless your case goes to trial. For felony charges, your presence is generally required, though we work to minimize the number of appearances needed.

It depends on your BAC levels and prior record.

  • First Offense: Typically a 4-month administrative suspension. However, you can often immediately apply for an IID-restricted license that allows you to drive anywhere.

  • Refusals: If you refused a chemical test, you face a one-year suspension with no possibility of a restricted license.

  • Under 21: California’s "Zero Tolerance" policy carries a mandatory one-year suspension for a BAC of 0.01% or higher.

Yes. Breathalyzers are machines, and machines fail or are improperly calibrated. We analyze the calibration logs, the officer’s training records, and whether the "15-minute observation period" was strictly followed. We also frequently use the "Rising Blood Alcohol" defense, proving your BAC was below the legal limit while you were driving, even if it was higher by the time you reached the station.

Every case is unique based on the complexity and charges. At Duffy Law, PC, we provide a free initial consultation to review your police report and explain your options. We offer transparent, flat-fee structures so you know exactly what to expect without hidden hourly charges.

What Our Valued Clients Say About Us

Read honest client reviews and success stories from individuals we’ve represented in criminal defense and litigation cases. We take pride in delivering justice with integrity, dedication, and trusted legal expertise. Our clients’ voices reflect the true strength of our firm and our commitment to achieving the best possible legal outcomes.

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