Frequently Asked Questions

A DUI arrest in Orange County triggers two separate proceedings: a criminal case and a DMV Admin Per Se hearing. You have only 10 days after your arrest to request that DMV APS hearing, so acting quickly is critical. Christine Martin handles both the court case and the DMV APS hearing on your behalf.  

Criminal cases will likely be held at Central Justice Center in Santa Ana, Harbor Justice Center in Newport Beach, North Justice Center in Fullerton, and West Justice Center in Westminster.

Factors that affect DUI cases in Orange County will revolve around the facts of the case, the prior criminal history, whether there was a collision or injury, and what type of driving was observed by the police officer and the witness.

You should hire a criminal defense attorney as soon as possible after a DUI arrest. The ideal situation is to retain an attorney within the first 24 to 48 hours. The 10-day deadline to request a DMV APS hearing begins the day of your arrest, and missing it can result in a license suspension.

A California DUI conviction typically triggers a license suspension of six months to four years, depending on your history. The DMV process is separate from your criminal case, and failing 

to request a hearing within 10 days of arrest may result in an automatic suspension before any court ruling. 

Common defenses include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or blood test results, and disputing whether field sobriety tests were properly administered. Medical conditions and improper testing procedures can also undermine the prosecution's evidence significantly.

Many California convictions can be expunged under Penal Code §1203.4 once probation is completed. In many cases, an expungement allows you to withdraw a guilty or no-contest plea, enter a not-guilty plea, and have the case dismissed, which can improve employment prospects. Keep in mind it does not erase the record for all purposes, such as certain professional licenses, government job positions, or future sentencing.

Criminal expungements will likely be held at Central Justice Center in Santa Ana, Harbor Justice Center in Newport Beach, North Justice Center in Fullerton, and West Justice Center in Westminster.

Misdemeanors carry up to one year in county jail, while felonies can result in state prison sentences exceeding one year. Felony convictions also carry broader long-term consequences, including mandatory firearm restrictions, exclusion from housing and job opportunities, and denial of professional licensing or loss of licensing.

Do NOT speak with the police. The law enforcement officers likely do not have information if they are asking you about it. Anything you say to law enforcement can be used against you in court. To invoke your rights, you need a clear unequivocal statement that you are asking for an attorney and choose to remain silent. "I would like an attorney and I will cooperate but I will not answer any questions." Invoking your right to counsel immediately protects you from inadvertently making statements that could be misinterpreted or used to build a stronger case against you, even if you believe you are innocent.

The arraignment is the first day of court where you are notified of the charges and have the ability to enter a plea of guilty or not guilty. You may be made an offer by the judge or the DA. You do not have to accept this offer. You can enter a plea of not guilty which preserves your rights and gives your attorney time to review the evidence and build a defense.

At an arraignment bail is addressed so it is important to hire an attorney to make sure you know your rights and you have someone to advocate for your release. If bail is set in an amount you cannot pay, you will be taken into custody.

Criminal arraignments will likely be held at Central Justice Center in Santa Ana, Harbor Justice Center in Newport Beach, North Justice Center in Fullerton, and West Justice Center in Westminster.

A criminal defense attorney reviews evidence, identifies constitutional violations, negotiates with prosecutors, and advocates for reduced charges or dismissal. They also guide you through each stage of the process, from arraignment through trial, to ensure your rights are fully protected at every step.

Misdemeanor cases often resolve within a six to eight months depending on the severity, while felony cases can take six months to over a year depending on complexity, court scheduling, and whether the case goes to trial. Having a retained attorney early on can help ease the process and prepare you for trial.