Newport Beach DUI Information

Newport Beach DUI Information

If you were arrested for DUI in Newport Beach, your arrest could have been from the Newport Beach Police Department, which is particularly aggressive in enforcing DUI laws, or the California Highway Patrol (CHP), or from the Orange County Sheriff’s Department.  This page contains Newport Beach DUI Information that you may find helpful regarding your pending matter, including court information and DUI driver’s license information.

Newport Beach DUI Information – DUI Statistics

Newport Beach has a population of 86,688.  The California Office of Traffic Safety provides rankings and rates for Newport Beach DUI arrests, as compared to other cities this size, but their website is down as of the writing of this page

Orange County is home to over 3 million residents and over 2.8 million registered vehicles as of 2014, the last year with data. According to a California Department of Motor Vehicles report, there were 230,853 collisions in the OC in that year.  A further breakdown shows:

• 3,121 fatalities
• 2,878 fatal collisions
• 162,711 collisions resulting in injuries

According to the National Highway Traffic Safety Administration, 3,542 of those collisions in Orange County were alcohol or drug related – in other words related to DUI.

Newport Beach DUI Information – Police Agencies

Orange County Sheriff’s Department
20202 Windrow
Lake Forest, CA 92630
Patrol: (949) 206-6100

Newport Beach DUI Information – DUI Arrest Information

Newport Beach DUI arrests, along with all crime calls to the Newport Beach PD, are listed on their website.  DUI arrests and other calls for service in Newport Beach are also listed on the Orange County Sheriff’s Department Crime Blotter.  Just select “Newport Beach” as the City.

Most people booked and held in Orange County jail are listed in the OCSD Who’s in Jail website.

Newport Beach DUI Information – The Prosecution

DUI cases from arrests in Newport Beach are handled by the Harbor Justice Center branch of the Orange County District Attorney’s Office.

Harbor Justice Center Orange County DA’s Office
4601 Jamboree Rd, First Floor
Newport Beach, CA 92660
Phone: 949-476-4650

Newport Beach DUI Information – the Courthouse

Cases from DUI arrests in Newport Beach are handled by the Harbor Justice Center branch of the Orange County Superior Court.

Harbor Justice Center
4601 Jamboree Rd
Newport Beach, CA 92660
Phone: (657) 622-5400

DMV City of Orange Office of Driver Safety:

Your Driver’s License and the DMV:

Note: THE DMV REQUIRES THAT YOU ACT WITHIN ONLY TEN DAYS (not business days)from the date of your arrest to protect your driving privileges. It is best if you are going to retain an attorney, to allow the attorney’s office to schedule the DMV hearing for you. Our fee includes this service, and we can schedule a hearing that works with our availability (court and DMV) schedule. For your convenience, if you cannot retain an attorney within 10 days, the phone numbers for all Orange County DMV matters from a DUI, to do so, is here:  (714) 703-2511.

When you call, advise them that you are retaining an attorney, that you request a stay on your driver’s license suspension, and that you will be sending a written request for discovery. They will ask if you request an “in person” or “telephonic” hearing, and we recommend that you set it for an in person. By making this request you ensure that your driving privilege will not be suspended until your case is heard.

At the DMV hearing, a hearing officer will conduct the hearing. His or her function is to prosecute the case and make a final decision based on the evidence presented. You need to drive or your need for a driver’s license for work are not considered relevant and cannot be considered at the hearing. Likewise, you cannot apply for a “hardship” license based upon medical, employment, or education right to drive, unless you are under age 21.

At your DMV hearing in a DUI case, only the following issues will be discussed, by law:
(If you took a blood, or breath test)

1. Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
2. Were you placed under lawful arrest?
3. Were you driving a motor vehicle when you had a 0.08% or more by weight of alcohol in your blood or 0.05% or more if under age 21?

Police Procedures:

The law requires that an officer must have probable cause before you can be lawfully arrested.Typically, the training for officers as well as case law requires police to establish probable cause by a violation of the law, an accident, and observations of the physical manifestation of intoxication. This is subjective, and many agencies require that Standardized Field Sobriety Tests be given, correctly, and perhaps a field breathalyzer, or PAS machine, to establish alcohol in your blood. Your Miranda warnings, or the “reading of your rights”, also require that you be advised or warned before they take testimony from you after an arrest.

Your Rights:

You have the right to refuse the FST’s, and you have the right not to state anything that may incriminate you. You even have the right to refuse a blood, breath, or urine test, but if you do so, your license will be suspended for one year. You always have the right to be treated fairly by the police, and for the police to not use unreasonable force against you during an arrest.

How can I estimate my Blood-Alcohol Level?
Use a Blood Alcohol Level (BAC) Calculator.

DUI Charges (The Law):

The California Vehicle Code, specifically, VC section 23152(a) and 23152(b), sets the law in DUI cases, and states as follows:

VC 23152:

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

The two sections above are typically charged together. The first has to do with your ability to safely operate a motor vehicle, regardless of your blood alcohol level. The second, or (b) count, requires that you have a .08% blood alcohol content, or BAC, by weight, California’s “legal limit”. The term “alcoholic beverage and drug” or “alcoholic beverage or drug” in the (a), or first count,does not mean that you were driving with drugs in your system, but that either alcohol or drugs, or both, were found at the time of driving, not that you, in fact, did have both in your system.

Newport Beach DUI Information – Newport Beach DUI Attorney

Our law firm of Miller and Associates, in Orange County, has handled Newport Beach DUI arrests, trials, and cases, since 1995.  Our Orange County DUI Lawyers can help your case.  Contact us today.

Police Agencies, Procedures, and your Legal Rights:

Persons prosecuted in Orange County were likely arrested by one of the following agencies:

Prosecutors:

Orange County Drunk Driving or DUI violations within the city of Anaheim, as well as an infraction or municipal code violations within Anaheim, are prosecuted by the Office of the Anaheim City Attorney.

All other Orange County DUI or criminal cases are handled by the Orange County District Attorney:  Orange County District Attorney

Court Locations and Phone Numbers:

Orange County has five court locations where Orange County DUI cases may be prosecuted, depending upon which court had jurisdiction over the location where the arrest took place:

Central Justice Center (CJC)
700 Civic Center Drive West
Santa Ana, CA 92701
Phone: (714) 834-3575

Harbor Justice Center (HJC/NB)
Newport Beach Facility
4601 Jamboree Road
Newport Beach, CA 92660-2595
Phone: (949) 476-4699

North Justice Center (NJC)
1275 North Berkeley Avenue
Fullerton, CA 92832-1258
Phone: (714) 773-4668

West Justice Center (WJC)
8141 13th Street
Westminster, CA 92683-4593
Phone: (714) 896-7351

Newport Beach DUI Information – What may happen to my insurance?

There are two ways insurance companies generally deal with customers convicted of a DUI in Orange County. First, your insurer will likely raise your insurance premiums and label you a high-risk driver if it finds out you’ve been convicted of DUI. In this case, you’ll likely have to file proof of insurance for three years minimum with the California Department of Motor Vehicles (DMV). Your insurance company will have to provide the DMV with an SR-22 form, which removes your license suspension and replaces it with a restriction by providing the California DMV with proof of insurance. An SR-22 also means your insurance company is required to notify the DMV if it cancels your insurance for any reason. Most state laws require persons that DUI convicts to get an SR-22 from their insurers, so you can’t hide. In addition, your company may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction, especially if you are currently in a preferred class. Your company will send you a notice stating why you’ve been canceled, and then you’ll have to find another insurer while having a cancellation on your claims history.

Some insurance companies don’t offer SR-22 policies, so you may also be non-renewed or canceled because your company can no longer provide what you need.

Insurance Links:

• California Department of Insurance: Great link for California insurance questions and facts.
• Insurance Information Institute: Excellent Link for insurance questions and facts.
• Insurance Institute for Highway Safety: Good link for transportation safety in the USA.
• National Association of Insurance Commissioners: Information about insurance commissioner contacts in all states.
• A.M. Best Insurance Information Services: The definitive guide to rating insurance companies in the USA.
• Insurance Information Network of California: An excellent resource site for general information questions in California.

Orange County DUI Legal Research Links:

• Orange County Law Library
• Orange County Ordinances
• Orange County Rules of Court
• The Constitution of the United States of America
• U.S. House of Representatives Internet Law Library
• U.S. Supreme Court Opinions – Cornell Legal Information Institute
• Witkin Legal Institute

Orange County Local Service Links:

• Child Abuse Services Team Homepage
• Community Service Programs
• Orange County Bar Association
• Orange County Fire Authority
• Orange County Health Care Agency
• Orange County Law Library
• Orange County Home Page
• Orange County Online Guide
• Orange County Social Services Agency
• Orangewood Children’s Home

Professional Organizations:

• American Bar Association
• Association of Federal Defense Attorneys
• Bar Associations
• California Attorneys for Criminal Justice (CACJ)
• California District Attorneys Association
• California Public Defenders Association
• Los Angeles County Bar Association
• National Association of Criminal Defense Lawyers
• National Association of Drug Court Professionals
• National Criminal Defense College
• National Lawyers Guild
• National Legal Aid & Defender Association
• Orange County Attorneys Association
• Orange County Bar Association
• The State Bar of California

Contact us to update any Newport Beach DUI Information on this page.