California DUI Lawyers

Being arrested for a DUI in California is a frightening experience. In just a few moments, your future, your driving privileges, and even your freedom may feel uncertain. I’ve worked with countless people in your exact situation, and I understand the fear and confusion that come after being charged with driving under the influence.

My goal here is to give you clear, practical, and trustworthy guidance on what happens after a DUI arrest in California, what the law says, what penalties you may face, and most importantly, how a California DUI lawyer can help you protect your rights.

If you’re facing a DUI charge in California, call 1-888-839-4384 or use our online contact form for a free consultation with an experienced California DUI attorney today!

What is a DUI in California?

A DUI in California means you were arrested on suspicion of operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. Under California Vehicle Code §23152, there are two main ways the state prosecutes DUI cases:

1. Driving with a BAC of 0.08% or higher: This is the “per se” DUI law. If your blood alcohol concentration (BAC) is at or above 0.08%, the state does not need to prove you were actually impaired. The BAC number alone is enough to charge you.
2. Driving while impaired by alcohol or drugs: Even if your BAC is below 0.08%, you can still be charged if the arresting officer claims your driving was affected by alcohol, illegal drugs, or even prescription medication.

California also enforces zero tolerance laws for drivers under 21 (Vehicle Code §23136), which means any measurable alcohol can result in a DUI charge. Commercial drivers face stricter limits as well, with a BAC threshold of 0.04%.

The DUI Arrest Process in California

If you’ve been arrested for DUI in California, here’s what you likely experienced or can expect:

1. The Traffic Stop: Most DUI cases begin with a traffic stop, often for swerving, speeding, or another traffic violation.
2. Field Sobriety and Breath Tests: Officers typically administer field sobriety tests and a preliminary alcohol screening (PAS) breath test. While these are optional in many cases, refusing can complicate your defense.
3. Arrest and Chemical Testing: If the police officer believes you’re impaired, you’ll be arrested and required under California’s Implied Consent Law to submit to a breath or blood test. Refusal to submit to these tests can result in immediate license suspension and harsher penalties.
4. Booking and Release: After processing, you may be released with a citation or held until sober. You’ll be given a temporary driver’s license if yours was confiscated.
5. DMV Hearing Notice: You only have 10 days from your arrest to request a DMV hearing to challenge your license suspension. If you miss this deadline, your license will automatically be suspended.

How the DMV Hearing Works

Many people don’t realize that a DUI arrest triggers two separate cases: a criminal case in court and an administrative case with the California DMV.

The DMV hearing only deals with your driving privilege. If you don’t request a hearing within 10 days, your license will be suspended automatically after 30 days. At the hearing, a California DUI attorney can challenge the legality of the stop, the accuracy of testing equipment, and whether the officer had probable cause.

Winning the DMV hearing means you keep your license while your criminal case proceeds.

Penalties for DUI in California

California DUI laws have some of the strictest DUI penalties in the country. The severity of your case depends on your prior record, your BAC, and whether there were aggravating factors like an accident or a minor in the vehicle.

Here’s a general breakdown:

Type of DUI	Fines	Jail/Prison Time	DUI School	License Suspension	Other Penalties
First DUI	$390 – $1,000 (plus court fees)	48 hours – 6 months	3 – 9 months	6 months (IID often required)	Probation, possible community service
Second DUI (within 10 years)	$390 – $1,000 (plus court fees)	96 hours – 1 year	18 – 30 months	2 years (IID often required)	Mandatory IID, probation
Third DUI	Up to $1,000 (plus court fees)	120 days – 1 year	30 months	3 years	Probation, IID, possible rehab
Fourth DUI	$1,000+ (plus court fees)	Up to 16 months in state prison	30 months	4 years (revocation possible)	Felony record, probation, IID
Felony DUI Conviction (serious priors or injury)	$1,000+ (plus restitution if injury)	16 months – 16 years in state prison	18 – 30 months	5 years or more	Felony record, restitution, probation
Aggravated DUI (BAC 0.15%+, child passenger, accident)	$390 – $5,000 (plus fees)	Enhanced jail/prison terms	Extended programs (up to 30 months)	Up to 10 years depending on circumstances	IID, longer probation, possible additional charges

How a California DUI Lawyer Can Help You

If you’ve been arrested for DUI in California, the best decision you can make is hiring a skilled DUI lawyer in California. Here’s why:

1. Challenging the Stop and Arrest: Police must have reasonable suspicion to stop you and probable cause to arrest you. If they violated your rights, your criminal defense attorney can fight to suppress evidence.
2. Examining Test Accuracy: Breath and blood tests are not infallible. A California DUI attorney can investigate whether the breathalyzer equipment was calibrated, whether the officer was properly trained, or whether medical conditions affected the results.
3. Negotiating for Reduced Charges: In some cases, your DUI lawyer in California may negotiate for a reduced charge such as reckless driving (“wet reckless”), which carries lighter penalties.
4. Protecting Your License: An experienced DUI attorney will represent you at the DMV hearing and fight to keep you on the road.
5. Defending You in Court: From arraignment through trial, a California DUI defense lawyer can present evidence, cross-examine witnesses, and argue for dismissal or acquittal.

Common Defenses to DUI Charges in California

Every case is different, but here are some common defenses your lawyer may raise:

• Unlawful stop: If the officer had no valid reason to pull you over, all evidence may be thrown out.
• Improper testing procedures: Breathalyzer tests, field sobriety tests, or blood tests must follow strict procedures under the California Code of Regulations. Failure to comply can invalidate results.
• Rising BAC defense: Alcohol takes time to absorb into the bloodstream. Your BAC may have been below the limit while driving but rose to 0.08% or higher later.
• Medical conditions: Acid reflux, diabetes, hypoglycemia, or certain diets can mimic alcohol on breath tests.
• Lack of impairment: Video evidence, witness testimony, or officer contradictions can prove you were not impaired.

DUI and Your Driver’s License

Losing your license is often one of the most immediate and stressful consequences of a DUI in California. The state uses an Administrative Per Se (APS) suspension process.

• For a first offense with a BAC of 0.08% or more, your license is suspended for 4 months.
• For a refusal, it’s suspended for 1 year.
• Repeat DUI offenses result in longer suspensions and possible revocation.

You may be eligible for a restricted license that allows you to drive to work, school, or DUI school, but usually only if you install an ignition interlock device (IID).

The Cost of a DUI in California

A California DUI conviction is expensive. Beyond the court fines, you’ll face:

• Court fees and penalty assessments (often $2,000+)
• DUI school tuition ($500–$1,800)
• IID installation and monthly fees
• Increased insurance premiums (sometimes tripling your rates)
• License reinstatement fees

Altogether, a first DUI in California can cost well upwards of $10,000 when all expenses are factored in.

Keep this in mind when considering the cost of a DUI lawyer in California, as the costs without a DUI lawyer will be significant.

Special Circumstances: DUI with Injury or Death

When a DUI accident results in injury or death, the stakes rise dramatically. California Vehicle Code §23153 makes it a felony to drive under the influence and cause injury. Penalties can include years in state prison, tens of thousands of dollars in fines, and restitution to victims.

If someone is killed, you may face charges of gross vehicular manslaughter while intoxicated (Penal Code §191.5) or even second-degree murder under the “Watson Rule” if you had prior knowledge of DUI dangers.

In these cases, having a skilled California DUI attorney is absolutely critical.

The Importance of Acting Quickly

If you’ve been arrested for DUI in California, time is not on your side. You have just 10 days to request your DMV hearing. Waiting too long could mean automatic suspension and losing valuable defense opportunities. The sooner you contact a DUI lawyer in California, the better your chances of protecting your license and your future.

Finding the Right California DUI Lawyer

When choosing a DUI lawyer in California for legal representation, here are some qualities you should look for:

• Experience: How many DUI cases have they handled? Do they focus on DUI defense specifically?
• Local knowledge: A California DUI lawyer who knows the local courts, prosecutors, and judges can often achieve better outcomes.
• Trial readiness: Even if your case is resolved through negotiation, you want an attorney prepared to go to trial if necessary.
• Client communication: You should feel supported, informed, and confident in their guidance.

Talk To A DUI Lawyer in California Near You Today

A DUI in California is a serious charge that can impact your freedom, your finances, and your future. But it’s not the end of the road. With the right California DUI attorney on your side, you can challenge the evidence, protect your license, and fight for the best possible outcome.

If you or someone you love has been arrested for DUI, don’t wait.

If you’d like to learn more about the California DUI lawyers at Drunk Driving Defense, read some of our articles below or call 1-888-839-4384 for a free consultation with a top rated DUI defense attorney near you in California now!