Los Angeles DUI Attorney

California Vehicle Code 23152 VC is the statute that strictly prohibits driving under the influence of alcohol. If your breath or blood test shows a 0.08% or higher BAC, you will be charged with both VC 23152(a) drunk driving and VC 23152(b) driving with a BAC of at least 0.08% (DUI per se), leading to serious legal consequences.

VC 23152 says, "(a) It is unlawful for a person under the influence of any alcoholic beverage to drive a vehicle. (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in their 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."

Vehicle Code 23152 VC is the primary law that prohibits driving under the influence.

After a DUI arrest, you must submit (implied consent law) to a breathalyzer or blood test to measure your blood alcohol content (BAC). However, you can be convicted of DUI alcohol even if the alcohol test results are less than 0.08%. The prosecutor only has to prove that you drove a motor vehicle and were under the influence of alcohol at the time.

Often, DUI defendants do not realize that refusing the test is illegal and will result in harsher penalties. Refusing the test can add one to three years of additional license suspension on top of the standard DUI penalties.

Typically, prosecutors use circumstantial evidence to show that you were driving impaired by alcohol, such as the police report saying you smelled of alcohol, had slurred speech, had glassy eyes, failed field sobriety tests, were swerving or driving erratically, etc. Vehicle Code 23152(f) VC defines driving under the influence of drugs (DUID).

To prove a DUI case against you, the prosecution has to show beyond a reasonable doubt that the officer had probable cause to pull you over, your blood alcohol content (BAC) was above the legal limit and that your arrest was lawful.

In California, a DUI is typically a misdemeanor crime, which is less serious than a felony. However, it could be filed as a felony DUI under certain conditions, such as causing injury or death. Your driver's license will be suspended 30 days after your arrest unless you request a DMV hearing in an attempt to prevent it. You have ten days from the date of your arrest to request a DMV administrative hearing.

After your arrest, the DUI court process starts with an arraignment, where you enter your plea and may proceed to trial. However, your Los Angeles DUI lawyer might be able to negotiate a favorable outcome with the district attorney without going to trial.

This could involve reducing the charges or penalties or even dismissing the case. If you decide to proceed to trial, the outcome will be decided by a judge or jury.

If you are convicted of DUI, possible penalties include fines and court costs, jail time, treatment programs, and a suspended driver's license. The penalties vary depending on whether you have previous DUI offenses and whether it was a DUI causing injury (VC 23153).

Under California law, a first-time DUI is considered less serious than repeat offenses. There are separate penalties for DUI for first, second, third, and fourth offenses (VC 23550).

Title 17 of the California Code of Regulations sets forth several rules regarding how the government must conduct DUI blood tests, breath tests, and urine tests.

Under California Vehicle Code 23136, the state's "Zero-Tolerance" law, any amount of alcohol consumption by drivers under 21 is strictly prohibited (underage DUI).

California Vehicle Code 40302 VC requires motorists to be arrested for traffic violations and taken before a judge in some circumstances, such as a DUI. You can expunge your DUI conviction once you complete your term of probation.

California has a diverse population, and its laws aim to ensure equal treatment for all individuals regardless of race, ethnicity, or identity. Penal Code 13519.4 PC expressly prohibits racial and identity profiling by law enforcement officers.

DUI - Quick Facts

Under various California Vehicle Codes, the following is illegal while driving:

Any driver may not drive with a BAC of .08 or higher.
The driver requiring a commercial driver's license may not drive with a BAC of .04 or higher.
Drivers under 21 may not drive with a blood alcohol concentration level (BAC) of .01 or higher.
A driver under 18 may not drive with ANY measurable blood alcohol concentration.
Blood alcohol concentration (BAC) measures the amount of alcohol in a person's bloodstream. Many factors can affect BAC levels, including the number of drinks consumed, how quickly they are consumed, and the strength and size of the drink.

Will Your Driver's License Be Suspended?

Yes. If you are convicted of a DUI in California, even a first offense, your driver's license will be suspended for some time. The length of time and whether you have limited driving privileges will depend on the outcome of your DUI case. Consider the following:

DMV Administrative Suspension. Your driver's license will automatically be suspended 30 days after your arrest by the DMV. However, you might be able to stop this process if you request a DMV hearing within ten days of your arrest. Retaining a lawyer to represent you is the best chance to avoid a suspension. This license suspension can last up to four months and will be added to your other suspension time if convicted.
Full License Suspension. If you are convicted of a DUI, your driver's license will be suspended or revoked. The minimum suspension for a first-time DUI is two months.
License Restriction. Under a license restriction, you are allowed to drive only to and from work and an alcohol treatment program. For a first-time DUI, this restriction lasts a minimum of two months.

How Can You Get Your License Reinstated?

After your license suspension time has passed, you must go through a process to reinstate it. First, you must complete all of the penalties and conditions related to your DUI conviction, such as the following:

Complete and show proof of alcohol treatment program.
Install an ignition interlock device on your vehicle (if required).
Your car insurance carrier might deem you a high-risk driver, and the DMV will require proof by filing a form SR-22. Once the policy is purchased, the insurer will send the SR-22 to the DMV.
To apply for your reinstatement, go to the DMV and complete Form DL 44. You will also need the documentation listed above, including proof of insurance. The license reinstatement process requires a fee of $150.

What are the DUI Penalties?

Suppose you are convicted of a first-offense DUI in Los Angeles. In that case, the minimum possible penalties include the following:

There are approximately $1800 in fines, fees, and costs.
48 hours in county jail that can be waived but would increase your license suspension by 90 days.
Driver's license suspension for a minimum suspension is four months but could be longer.
Mandatory alcohol treatment program for three months that costs $500.

Notably, the maximum penalties can increase your fines and fees to $3600, your jail time up to six months, and your alcohol treatment and license suspension time. Your vehicle can be impounded for 30 days at your expense, and you might be required to install an interlock device on your car.

For first-time offenders, probation might last at least three years or longer. If you violate probation, you will face additional penalties.

If you injure or kill anyone while driving under the influence, you might face DUI felony charges that carry up to five years in state prison. If you refuse to submit a chemical blood or breath sample, it's possible your driver's license could be suspended for up to one year.

Penalties for DUI offenses might be increased by aggravating circumstances, such as speeding while DUI (VC 23582), having a child under 14 in the vehicle (VC 23572), or having a BAC of 0.15% or higher.

For first-time DUI offenders and even some repeat offenders, there are numerous alternative DUI sentencing options available that can provide significant relief from the potential of incarceration, thereby mitigating the consequences of a DUI conviction.

Suppose you are convicted of a second offense DUI in Los Angeles. In that case, the minimum possible penalties include the following:

There are also approximately $1800 in fines, fees, and costs.
96 hours in county jail.
Driver's license suspension for one year and restricted driving for two more years.
Mandatory alcohol treatment program between 18 and 30 months that costs $1800.
Mandatory installation of an interlock device on all your vehicles. An ignition Interlock Device (IID) is a handheld mouthpiece measuring blood alcohol level. You must blow it to start your car, and it works simply. If your breath alcohol level is below the allowed limit, your vehicle will start.

The maximum penalties can increase your fines and fees to $4000, jail time to one year, and license suspension to two years. Your car might also be impounded for 30 days at your expense. The penalties for driving under the influence can become even more significant when certain "DUI enhancements" are involved.

Depending on your case, the judge might impose some additional conditions, such as the following:

Attendance at Alcoholics Anonymous (AA).
Attendance at Narcotics Anonymous (NA) meetings.
Participation in the Mothers Against Drunk Driving (MADD) Victim Impact Program.
Paying restitution to the accident victims.
Completing a treatment program.
Performing community service.

What Are DUI Defenses?

Our Los Angeles DUI lawyers can use several strategies if you were charged with California Vehicle Code 23152 driving under the influence or a related crime, such as the following:

Your driving was not impacted by alcohol. Perhaps we can argue that your driving was affected by non-alcohol-related reasons, such as a distraction, fatigue, or medical issues, such as a diabetic episode or allergies.
DUI blood testing can yield false readings due to errors or equipment malfunctions, and the readings can even produce different results when tested at different independent laboratories. Sometimes, the equipment, or even the sample, could be contaminated or compromised with matter foreign to the testing devices.
The police fail to follow proper procedures. Many law enforcement officials are not following the standard set of protocols in DUI roadside procedures, which they were trained to and are federally and state-mandated to do.
Field sobriety tests do not properly measure alcohol impairment. There are many non-alcohol-related reasons why you would fail some field sobriety tests, such as the walk-and-turn and one-leg stand. Perhaps you were nervous, had a medical condition, or the terrain was uneven.

We can help you decide whether to accept a plea bargain in your case. Depending on your case, prosecutors might be willing to reduce your DUI to wet reckless (VC 23103.5) or dry reckless (VC 23103).

Our DUI defense lawyers will focus on reducing or dismissing your driving under the influence charges. Contact our law firm to review your case. Eisner Gorin LLP has offices in Los Angeles, CA.

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