What is California Vehicle Code 23152?

California Vehicle Code 23152 makes it unlawful to drive under the influence of alcohol or drugs or to drive with a blood alcohol concentration of 0.08% or higher.

How long do I have to request a DMV hearing after a DUI arrest?

You must request a DMV administrative hearing within 10 days of your DUI arrest to challenge the automatic suspension of your driver's license.

Can a DUI charge be reduced in California?

Depending on the facts of the case, a DUI charge may be reduced to a wet reckless or dry reckless offense through negotiations or evidentiary challenges.

What are the penalties for a first DUI offense in California?

Penalties may include fines, probation, DUI education programs, license suspension, and possible jail time.

Los Angeles DUI Attorney

If you have been arrested for driving under the influence in Los Angeles, California, you are facing serious criminal and administrative consequences that can affect your freedom, driver's license, employment, and future.

DUI cases move quickly, and early mistakes can permanently weaken your defense.

At Eisner Gorin LLP, our Los Angeles DUI attorneys defend clients charged under California's DUI laws, including first-time DUI arrests, repeat offenses, felony DUI, and DUI causing injury.

We represent clients in court and before the DMV to protect both their criminal records and driving privileges.

Schedule your consultation at (818) 781-1570 or contact us here.

California DUI Law – Vehicle Code 23152

California Vehicle Code 23152 makes it unlawful to drive under the influence of alcohol or drugs. Prosecutors commonly file DUI charges under both subsections:

VC 23152(a) – Driving under the influence of alcohol
VC 23152(b) – Driving with a blood alcohol concentration (BAC) of 0.08% or higher (DUI per se)

A driver may be charged under both sections at the same time. Importantly, a DUI conviction is possible even if your BAC is below 0.08% if the prosecutor claims your driving was impaired.

Vehicle Code 23152(f) separately prohibits driving under the influence of drugs (DUID).

Implied Consent & Chemical Testing

California’s implied consent law requires drivers lawfully arrested for DUI to submit to a breath or blood test. Refusing a chemical test can result in harsher penalties, including:

Automatic license suspension
One to three additional years of license suspension
Increased penalties if convicted

Many DUI cases hinge on whether law enforcement followed proper testing procedures and whether results comply with Title 17 of the California Code of Regulations.

How Prosecutors Prove a DUI Case

To secure a DUI conviction, prosecutors must prove beyond a reasonable doubt that:

The officer had probable cause to stop you
You were driving a motor vehicle
You were impaired or had an unlawful BAC
Your arrest and testing were lawful

Prosecutors often rely on circumstantial evidence, including:

Field sobriety test performance
Alleged odor of alcohol
Slurred speech or bloodshot eyes
Driving pattern or traffic violations

These observations are subjective and frequently challenged by experienced DUI defense attorneys.

Misdemeanor vs. Felony DUI in Los Angeles

Most DUI cases are misdemeanors. However, a DUI may be charged as a felony if:

Someone was injured or killed (VC 23153)
You have multiple prior DUI convictions
There is a prior felony DUI history

Felony DUI convictions carry the possibility of state prison and long-term license revocation.

DMV Hearing – 10-Day Deadline

After a DUI arrest, your driver's license will be automatically suspended 30 days later unless you request a DMV administrative hearing within 10 days of arrest.

The DMV hearing is separate from your criminal court case and focuses on:

Whether the officer had reasonable cause
Whether you were lawfully arrested
Whether your BAC was 0.08% or higher

Failing to request this hearing almost guarantees license suspension.

DUI Arraignment & Court Process

Your DUI case begins with an arraignment, where you enter a plea. In many cases, your Los Angeles DUI lawyer may negotiate with the prosecutor to reduce or dismiss charges without going to trial.

If your case proceeds to trial, it will be decided by a judge or jury. If convicted, penalties may include:

Fines and court costs
Jail time
Probation
Mandatory DUI programs
Driver's license suspension

Penalties increase for repeat offenses and DUI enhancements.

DUI Penalties in California

First-Offense DUI (Typical Penalties)

Approximately $1,800 in fines and fees
Up to 6 months in county jail (often negotiable)
License suspension (minimum 4 months)
Mandatory DUI education program
Probation for up to 3 years

Second DUI Offense

Mandatory jail time (minimum 96 hours)
One-year license suspension
Longer DUI program (18–30 months)
Mandatory ignition interlock device (IID)

Enhancements may apply for:

BAC of 0.15% or higher
Speeding while DUI (VC 23582)
Child under 14 in the vehicle (VC 23572)

Driver's License Suspension & Reinstatement

If convicted of DUI, your license will be suspended or restricted. To reinstate your license, you may need to:

Complete DUI education
Install an ignition interlock device
File SR-22 insurance
Pay DMV reinstatement fees

We represent clients in both court and DMV proceedings to minimize license consequences.

DUI Defenses in Los Angeles

Every DUI case is different. Common defense strategies include:

Lack of probable cause for the stop
Improper administration of field sobriety tests
Inaccurate or contaminated blood or breath samples
Failure to comply with Title 17 testing regulations
Rising BAC defense
Medical or non-alcohol explanations for impairment

In appropriate cases, we may negotiate a reduction to wet reckless (VC 23103.5) or dry reckless (VC 23103).

At Eisner Gorin LLP, our California DUI lawyers also assist C-suite executives facing DUI charges, whether it's their first offense, a felony DUI, repeat offenses, or DUIs involving injuries.

Speak With a Los Angeles DUI Attorney

A DUI arrest does not mean a conviction. Early legal intervention can prevent charges, reduce penalties, and protect your driver's license.

Contact Eisner Gorin LLP to speak with an experienced Los Angeles DUI attorney. We will evaluate your case, explain your options, and develop a defense strategy to achieve the best possible outcome.

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