DUI and ‘Own Recognizance’ Violations in Los Angeles
There are many circumstances that require legal representation. If you have been charged with driving while under the influence (DUI) in Los Angeles. You should retain a lawyer as soon as possible.
In the following post, we will examine some of the common issues surrounding DUI and OR (Own Recognizance) violations in Los Angeles. Do not face these charges without the help of a skilled criminal defense attorney.
Relevant California Statutes
Under California state law, it is illegal to operate a motor vehicle while under the influence of an intoxicant. This includes alcohol and other drugs.
The California Vehicle Code VC 23152 states:
“It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.”
For a first-time DUI charge, the courts will typically grant the offender an “OR” release. This means that the person is released from custody on their own recognizance.
Some OR releases include additional conditions or behavior restrictions. If you are granted an OR release and violate one of the conditions, you will face additional legal consequences.
These consequences can include being taken into custody or facing further criminal charges.
What Are the Common Conditions of OR Releases?
Many OR releases carry certain obligations for the DUI offender. These conditions will be determined by the judge.
Oftentimes, a release will include a restriction on operating a vehicle without proper licensure or insurance coverage. Other common restrictions include prohibitions on alcohol consumption. They may also require an individual to attend mandatory addiction rehabilitation meetings.
The judge also has the power to require the defendant to wear a SCRAM bracelet. This is a device that tracks the offender’s alcohol intake while their criminal case is still pending.
A judge will determine the required conditions for an OR release on a case-by-case basis. When making this decision, they will assess the allegations against the defendant and the circumstances of the case.
Relevant factors may include:
- The specific allegations against the defendant
- The offender’s blood alcohol content (BAC) during the incident
- Whether the intoxicated driving caused a collision
- The damage resulting from the collision, if applicable
If the offender has a prior criminal history, it may influence the judge’s decision. This is especially true if the defendant has past DUI offenses.
Conditions like those mentioned above can be implemented whether the defendant is granted an OR release or not. Even if the offender must post bond to be released, the judge may enact restrictions like these.
Consequences for OR Violations
When a DUI offender violates one or more of the OR release’s conditions, the consequences are often severe.
For instance, suppose that the defendant was required to attend AA meetings. Under this circumstance, failing to do so could result in them being taken into immediate custody. They may potentially face new criminal charges, as well.
This type of violation is grounds for the court to rule that the circumstances of the case have changed. As a result, the judge may increase the required bail amount. They may also enact a bail requirement if there was not one in place previously.
If the defendant is arrested for a subsequent DUI before the conclusion of their current case, it is a violation of the OR release. When this happens, the court may revoke the defendant’s OR release or withdraw the opportunity for bail release.
In addition to these consequences, the offender would have to face criminal DUI charges. When a defendant has multiple DUI convictions, they often face extended jail time or burdensome probation requirements.
If you are facing a DUI charge and are granted OR, make sure to consult with a skilled criminal defense attorney. Securing legal representation will give you the best chance of retaining your freedom.
How Long Do OR Release Conditions Apply?
The conditions of an OR release are applicable until the defendant’s case is complete. If the DUI charge is dismissed or the offender is found “not guilty,” the conditions of the OR release will expire.
If the defendant is not convicted of the DUI, they will no longer be subject to the OR conditions. But if they are convicted, the offender will often face additional conditions and restrictions as part of their probation.
Oftentimes, the offender is credited with any AA gatherings that they have attended during their OR release. If you are released on your own recognizance, it is crucial to adhere to the conditions of your release.
Judges typically take defendants’ behavior into account during their OR release period. Individuals that adhere to the conditions of their releases may receive a more positive evaluation from the court.
Contact the Esfandi Law Group for Premier Legal Representation
If you have been charged with a DUI or OR violation, do not wait. Contacting a legal professional can ensure that your rights are protected.
The qualified team at the Esfandi Law Group will provide a free case review. Schedule an in-person appointment or contact us online. We can offer case evaluations in-office or over the phone.
With more than 20 years of experience, the Esfandi Law Group’s Los Angeles Criminal Defense Attorneys will fight hard for you. Contact us today to learn more.
Need a Criminal Defense Attorney? CALL NOW: 310-274-6529
Seppi Esfandi is an Expert Criminal Defense Attorney who has over 20 years of practice defending a variety of criminal cases.