FAQ's

A DUI conviction in California has an impact on your job prospects. Many companies check your background and might see a DUI as a big problem for jobs that involve driving or safety.  If your job requires a commercial license (such as a truck driver, bus driver, etc.), a conviction of a DUI can result in your commerical license being suspended or revoked.  Some employers require you to report any conviction, and some licensing boards may take action against your professional license if you are arrested for, charged with, and/or convicted of a DUI.  In general you are innocent until you are proven guilty, so if you are only arrested for a DUI, you may not be obligated to report it to your employer.

California law lets employers make hiring choices based on criminal records, including DUIs if the offense relates to the job (California Fair Employment and Housing Act). Still, some people and cases have protections.

To get advice for your specific case, talk to an employment lawyer. If you want to learn more, check out the California Department of Fair Employment and Housing (DFEH) rules on jobs and criminal records here.

A DUI arrest in California can have an impact on your driver's license in a few ways:

1. DMV Suspension: The DMV has the power to suspend your license for up to four months after a DUI arrest (1st offense). You have the right to ask for a hearing to challenge this suspension within 10 days of your arrest (California Vehicle Code § 13353).

2. Court Penalties: If you're convicted of a DUI in court, the DMV may impose an additional period of susprnsion. These could last up to several years, based on your past offenses and the details of your case (California Vehicle Code § 13352).

3. Restricted License: You might qualify for a restricted license. This allows you to drive to work or school after you've served part of your suspension. In some cases the court or the DMV may require you to install an Ignition Interlock Device in your vehicle in order to drive.  (VC § 13352.5).For more info, check out the California DMV website.

4. Suspended license due to too many points on your driving record.  If you get too many points in a short amount of time, the DMV may determine that you are an unsafe driver and suspend your driving privilege due to too many points.  if you are notified of such a suspension being imposed, You have the right to contest that suspension and I would suggest you contact a DUI attorney to oppose such a suspension.

You can beat a DUI case in California. Here are some ways to defend yourself:

1. Fight the Evidence: your attorney can fight every aspect of your case.  Challenge why the officer stopped or contacted you initially.  Did the stop violate your constitutional rights.

2.  Did the officer have sufficient probable cause to arrest you for suspicion of driving under the influence?  

3. Your lawyer can challenge the accuracy of the chemical testing, your performance on the field sobriety tests, and whether the officer followed proper procedure when administering any tests.

4.  If the officer did not observe you driving, we can challenge the entire contact and the arrest.  

5.  How well you do in a DUI case hinges on the exact details and proof. A good DUI lawyer can look at your situation and find ways to defend you. 6. Show You Weren't Drunk: Prove that you could drive just fine when they stopped you. You are allowed to represent yourself in Court, but like anything else, hiring an expert in the field will make sure that you gave yourself every possible defense and attacked anything that could be challenged.  An expert in DUI defense is the best possible way for you to obtain the best possible outcome in your case.  To learn more, check out California Vehicle Code §§ 23152 and 23153, and think about talking to a lawyer to get advice just for you.

In California, DUI conviction fines cost between $390 and $1,000 as part of your sentence if convicted in Court. This is the base fine, but there are mandatory fines and fees added to these fines which may increase the fine to over $2,500 (each county has different fines and assessments that are added to the base fine).  These fees include:

1. Penalty Assessments: These can add several hundred dollars to your bill.

2. Court Costs: You'll pay fees to attend court and the cost of security for the courthouse.

3. Victim restitution fine. This fine is assessed against anyone who is convicted of a crime in California and it goes into a pool of money that the state uses to assist victims of crime throughout the state. This fine does not go to any victim in your particular case, but to the state's victim restitution fund.  It cannot be waved by the court.                    

There are additional expenses associated with a DUI conviction that are not assessed by the Court.  These fees include, the cost of a DUI program if it is ordered by the Court, the cost of additional insurance you may need to purchase, the cost of installing an Ignition Interlock Device is that is required by the DMV or the Court, restitution to anyone whose property was damaged, and possibly other costs.

The overall financial hit can be huge, so it's crucial to think about these things when facing a DUI charge. To get more details, check out California Vehicle Code § 23536 and talk to a DUI lawyer for advice tailored to your situation.  If your attorney is able to get charges reduced or negotiate a resolution that limits or reduces some of these expenses or requirements may save you a great deal of money in the long run.

In California, DUI charges depend on the elements of the offense:
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1. 23152(a) Standard DUI (Vehicle Code § 23152(a)): Driving under the influence of alcohol or drugs. Because of the consumption of alcohol, the driver cannot drive with the same care and concern as a sober driver. This charge is not dependent on any blood alcohol level, but the driver's driving must be impacted by the drugs or alcohol.

2. 23152(b) DUI with a BAC of 0.08% or higher (VC § 23152(b)): Driving with a blood alcohol concentration that meets or exceeds 0.08%. This charge does not require any outward signs of impairment. Just the driver's blood alcohol level.

3. 23152(c) VC – driving while addicted to drugs.  This is not often charged, but they would have to show that you are addicted to drugs, and not in treatment and you are driving a motor vehicle.  It is easier to prove you are impaired or have evidence of alcohol or drugs in your system, so the prosecutor will usually charge a different statute.

4. 23152(d) VC – Driving a commercial vehicle with a blood alcohol level of 0.04 or more.  The driver must be driving a commercial vehicle (bus, truck, etc.) and when doing that had a blood alcohol level of 0.04 or higher.  This does not apply to a person with a commercial license, driving a regular motor vehicle.

5. 23152(e) VC – Driving a vehicle with a passenger in the vehicle who hired the driver when the driver’s blood alcohol level was 0.04 or higher.  This offense would be charged against an Uber driver who was transporting an Uber client when the driver’s blood alcohol level was 0.04 or higher.  This is a reflection of the expectation that the driver of a vehicle for hire will not be under the influence of alcohol or drugs.

6. 23152(f) VC – Driving a motor vehicle while under the influence of a drug.  This is similar to 23152(a) but for drugs only.  The law does not require a certain level of drugs in the driver’s system, but they will need to show impairment because of the drugs.

7. 23152(g) VC – Driving a motor vehicle while under the influence of drugs and alcohol. This charge is charged when the driving has alcohol and drugs in their system and maybe neither on their own would cause impairment.  

8. 23153 (a) through (g) VC – This section of the vehicle code has parallel charges to 1 – 7 above, but it adds the element of injury.  In each of the subdivisions under 23153, the person was driving under the influence and committed an overt act that resulted in the injury to another (not the driver).  Depending upon the nature of the injury (how serious it is), this charge, can be charged as a misdemeanor or a Felony.  Normally the prosecutor will allege a felony if the injury is serious (broken bone) or causes a permanent injury (scar, amputation), but the prosecutor can file the case as a felony with even a less serious injury if they feel that it is warranted. There are no guidelines in the vehicle code that direct the prosecutor as to what injury would elevate the charge to a felony.  The prosecutor can also allege an enhancement that the driving under the influence conduct caused a serious or great bodily injury, and that can enhance the felony sentence.  

9. 23136(a) VC – Under 21 driver, driving with a blood alcohol level of 0.01 as measured on a Preliminary Alcohol Screening Device or other chemical testing device.  A driver who is under 21 can be charged with this offense if they are driving and they have a chemical test showing a blood alcohol level of 0.01 or more.  This statute does not prevent the prosecutor from filing 23152 charges or 23153 charges if they can prove those elements.  

10. 21200.5  VC: Riding a bicycle under the influence.  It is illegal to ride a bicycle when impaired by alcohol or drugs.  If arrested for this charge, you can request a chemical test, and the officer must have it performed.  This is an infraction.  

11. 23622 VC this section outlines that if you are charged with a DUI and you have a prior conviction or convictions within 10 years of this DUI, if convicted your sentence will be enhanced, and the minimum possible sentence and mandatory terms will also increase.  

12. A DUI may also be enhanced if the blood alcohol level measures above 0.15 or above 0.20; or if you are driving with children in the car, or you are speeding, or you refuse a chemical test following your arrest.  These allegations may increase your punishment and/or add additional terms to any sentence you receive.  Each type of charge can have different outcomes such as fines taking away your license, and putting you in jail. Talking to a skilled lawyer can help you understand the ins and outs of your case. To learn more, you can check out the California Vehicle Code sections 23152 and 23153.

After getting arrested for a DUI in California, you can expect these steps to happen:
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1. You are arrested for a DUI, the police will generally ask you to submit to an evidentiary chemical test (blood or breath test).  Then you will be booked into the jail or given a citation or promise to appear in court on a particular day in the future.  

2.  The police officer will take your California Driver’s license and give you a pink piece of paper as a Temporary License.  This Temporary license will remain effective for 30 days, at the end of the 30 days, your driving privileges will be suspended for a period of time.  In order to prevent your license from being suspended, you, or your attorney, must contact the DMV to request a hearing within 10 days of your arrest.        

a. if a hearing is requested within 10 days, then the DMV will schedule an Administraitve Per Se hearing where they will review evidence to determine whether or not a license suspension should be imposed.  It is very important to know how to mount a defense against the DMV action, so an experienced DUI attorney will greatly improve your chances to winning the hearing.

3.  You will face criminal charged in Court (this is a separate process from the DMV.  In the criminal side of your case, the arresting agency will bring all reports, and chemical test results to the prosecutor, who will review the evidence and determine what charges and/or enhancement they should charge against you.  If charges are filed against you, then you, or your attorney, will need to appear in Court, obtain the discovery, and then have discussions with the prosecutor to obtain any additional evidence, and discuss the facts of the case, and explain to the prosecutor and the Court how this event occurred, and potentially how it has or will impart your life, and try to negotiate a reasonable outcome, or we will determine, with you, that we should let a jury decide if you have committed an offense or not.

4.  With respect to the Court side of your case, there are certain sentencing guidelines should you be convicted in the matter or you work out a plea agreement.  For a DUI, the court is required to impose at probationary term of 3 – 5 years (Court probation), a jail sentence of up to a year; a DUI school of 3 months to 18 months; and fines and fees that can exceed $3,000.  Finally, the court may order you to install an Ignition Interlock Device and or wear an alcohol monitor.

Talking to a DUI lawyer can help you understand these steps and look into ways to defend you. To learn more, check out the California DMV here.

Getting convicted of a DUI in California can lead to tough penalties:

1. Fines: You'll pay between $390 and $1,000, plus mandatory penalties and assessments, causing those fines to increase to up to $3,000. (California Vehicle Code § 23536).

2. License Suspension: The DMV can suspend your license for up to four months or longer depending upon whether this is your first DUI, to over three years if you have multiple prior convictions and/or refuse to complete a chemical test. A court conviction may increase the length of the suspension.  The Court and/or the DMV may also add more restrictions, such as requiring you to install an Ignition Interlock device on your vehicle or restrict when or where you can drive.  (California Vehicle Code § 13353).

3. DUI Programs: You may be required to complete a DUI Education program that can be from 3 months to up to 18 months depending upon your record and the facts of your case.  These can cost a lot (California Vehicle Code § 23538).

4. Jail Time: You might go to jail. This can last from a few days to several months or even years. It depends on your case details and past offenses (California Penal Code § 19.5).

5. Increased Insurance Rates: Your car insurance will cost more after a conviction, because you will be required to carry proof of insurance from an insurance company that knows you have a DUI action against you with the DMV.

How bad the punishment gets depends on things like if you've been in trouble before and if there were aggravating factors in your case (high blood alcohol level, someone was injured, etc.). To get a clear picture, it's a good idea to talk to a lawyer who knows about drunk driving cases and look at California Vehicle Code §§ 23152 and 23153.

As of 2024, California has made several changes to its DUI laws:

1. Ignition Interlock Devices (IID): New laws require all DUI offenders who have a prior DUI convictino to install an IID after conviction in Court or a DUI Administrative Per Se Hearing Decision is against them.  On a first offender DUI, an Ignition Interlock device may be ordered or given as an option.  This IID law aims to cut down on repeat offenses (California Vehicle Code § 23700).

2. Tougher Punishments for Repeat Offenders: Repeat DUI offenders now face harsher consequences, including longer periods without a license and required attendance in longer DUI programs (California Vehicle Code §§ 23540, 23542).

3. Drug DUI Testing: New rules allow for more accurate drug DUI testing and wider use of oral fluid tests to check for drug impairment (California Vehicle Code § 23152).  A DUI involving drugs may require a period of hard suspension where the driver will not be able to drive.

4.  If a driver is arrested on suspicions of driving under the influence and refused to take a chemical test, then there license is revoked for one or more years.  There is no option for obtaining a restricted license, even with the installation of an Ignition Interlock Device.These changes aim to boost road safety and cut down on DUI cases. To get more details, check out the California Vehicle Code and talk to a DUI lawyer for advice tailored to your situation.

In California, the law treats a DUI as a misdemeanor. But it can become a felony in some cases:

1. Previous Offenses: When you get caught for DUI four times in 10 years, the prosecutor will likely charge your 4th DUI as a Felony (California Vehicle Code § 23152).

2. Harm or Loss of Life: A DUI that hurts or kills someone can be filed as a felony.  The seriousness of the injury is not defined by the law, so it is up to the prosecutor to determine if the injury is serious enough to make the charge a felony, according to California Vehicle Code § 23153.

3. Serious Factors: A prior felony conviction within 10 years of the new offense will allow the prosecutor to charge the new offense as a felony.  

4. Sometimes an aggravating factor may elevate the charges to a felony.  Such as having a child under 14 in the vehicle with you, or evading a police officer when they tried to stop you, among others.

The difference between a misdemeanor charge and a felony charge, is that the maximum sentence on a misdemeanor charge is a year or less in custody, while a felony sentence can be in excess of a year in State Prison.  Felony DUI convictions result in harsher punishments such as extended jail time and higher fines. To get specific legal guidance, talk to a DUI lawyer and check out California Vehicle Code §§ 23152 and 23153.

You can end up behind bars for drunk driving in California. How long you might stay locked up depends on the details of your case:

1. Standard DUI: Your first offense can put you behind bars from 48 hours to 6 months (California Penal Code § 19.5).

2. Second DUI: You'll face at least 96 hours and up to 1 year in jail (California Vehicle Code § 23540).

3. Third DUI: You might end up spending 120 days to 1 year in county jail (California Vehicle Code § 23546).

4. Felony DUI: If they charge you with a felony because of things like injury or past convictions, you could be looking at 16 months to 4 years in state prison (California Penal Code § 1170).

There is not a requirement that you serve your sentence in jail, but depending upon the factors in your case, your attorney may be able to convince the court to allow the person accused of a DUI to serve any jail sentence through a jail alternative program, such as community labor or home detention.  Penalties have an influence on various factors, including previous offenses and the existence of circumstances that make things worse. Talk to a DUI lawyer to get advice that fits your case. To learn more, take a look at California Vehicle Code §§ 23152 and 23153.

Yes, getting a DUI lawyer in California is a smart move. A good attorney can:
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1. Question Evidence: They can look at the reason your stopped or contacted by law enforcement, they can question the probable cause to arrest you, they may be able to suppress evidence or statements, they can examine the chemical tests and your performanc on field sobriety tests if you particpated in them.  

2. Talk Down Penalties: They might get your charges reduced or find different ways to sentence you, like lower fines or shorter DUI classes.3. Guard Your Rights: A lawyer makes sure your rights were protected during the whole legal process, including dealing with the DMV and the court.

4.  A DUI lawyer can often appear in court on your behalf, which will save you from missing work or having to explain to your employer why you need to miss a day of work every time you have a court date.  

5.  A DUI charge is a criminal offense, and it will be on your record if you are convicted.  Isn’t it worth it to you to fight the charges and see what the best possible outcome will be?  Abraham Lincoln once said, “A person who represents himself, has a fool for a client.”

6. Cut Down Consequences: Good representation can lead to smaller fines less time without a license, and maybe less jail time, or a reduced charge.

DUI cases are tricky, and the punishment can be harsh. That's why a DUI lawyer can help out with their know-how. To learn more details, check out California Vehicle Code §§ 23152 and 23153. It's a good idea to talk to a lawyer to get a better handle on your situation.

In California, the fees for DUI lawyers can differ a lot depending on how complex the case is and how much experience the lawyer has.  You'll pay anywhere from $2,500 to $10,000 for a lawyer to defend you in a DUI case. The cost has an impact on several things, like whether your case goes to court, if you need expert witnesses, and how long the whole legal process takes.  It is often said that, "you get what you pay for."  I would avoid any attorney who talks about your plea agreement when you are considering hiring them.  A lawyer is allowed to appear in court, regardless of experience, but an inexperienced attorney is often worse than no attorney, since they do not know what to argue or how to fight for you.  When you are considering which attorney you want to hire, they will discuss fees with you, and you should understand what those fees cover and what you can expect in return for the fees you pay. To get up-to-date info and specific advice, you might want to check with the State Bar of California or speak to a lawyer in your area.  If a lawyer is going to promise you a specific outcome, such as a dismissal of your case, I suggest you get that promise in writing if you are hiring them because of that promise.

When you're talking to a DUI lawyer in California, you might want to ask these important questions:

1. How much have you worked on DUI cases? Make sure they've dealt with cases like yours.

2. How much will it cost in total, and what's included? Get the lowdown on their fees and any extra charges.

3. Ask them if they have experience in the particular courthouse your case is in.  

4.  Discuss what about your case or possible consequences if your biggest concern and how they will address that with the Court and/or DMV.  

5.  Ask them how many DMV hearings their firm has conducted, and what have been the results.  

6.  Ask them how many people work in their firm, and if you can't get in touch with your attorney, who would you contact?

7.  Ask if you will have your attorney's direct contact information, or if you will be prevented from speaking to your attorney directly.  

8. What could happen? Ask about the possible punishments and how they aim to reduce them.

9. How will you keep me in the loop? Get clear on how often you'll hear from them and get updates.

To get reliable info on DUI legal practices, check out the California Department of Motor Vehicles and the State Bar of California.

In California, DUI punishments change based on how many times you've been caught:

1. First DUI: You'll get 3 to 5 years probation (generally court or informal probation is what is ordered), up to 6 months in jail, a fine between $390 and $1,000, and you'll have to take DUI classes. The state might also take away your license for 6 months, the court could also order you to install an ignition interlock device on your vehicle.

2. Second DUI: You could face 3 - 5  years probation (this could be court or informal probation or formal probatoin where you have to report to a probation officer), 96 hours to 1 year in jail, a fine from $390 to $1,000, and an 18 month DUI school. Most people lose their license for 2 years, and the DMV will require you to install an ignition interlock device on any vehicle you operate for at least a year, and they will issue you a restricted license in order to continue driving in California.3. Third DUI: This often leads to 5 years probation, jail time ranging from 120 days to 1 year, a fine between $390 and $1,000, and DUI education. You can expect your license to be suspended for 3 years, there may be an opportunity to obtain a restricted license with the installation of an ignition interlock device after a period of suspension.  Some courts may order you designated a habitual offender and may order the dmv to revoke your license for a period of time.

If your DUI involved an accident, the court may order you to pay restitution for the damage.

For multiple DUIs, the Court may also order you to have an ankle monitor or continous alcohol monitor on while the case is pending in order to ensure that you do not continue to drink.  The court can also order a person to attend NA or AA meetings, and may a treatment program.If there are factors that make the offense worse, the punishments might be harsher. For example, if someon is injured during the DUI, your charges could be filed as a felony, and you could face a state prison sentence.  To get the most up-to-date and in-depth info, you should check out the California Vehicle Code and legal resources from the State Bar of California.

In California, a DUI conviction is priorable (meaning any additional DUI charge within 10 years of a DUI conviction, will enhance the new DUI to a DUI with prior conviction(s) wnd this will increase the possible consdequences of the charge.  The DUI conviction can be expunged from your record after you successfully complete probation, as long as you are not facing any new charges.  It is important to note that even if your conviction is expunged, it is still priorable if you are charged with a new DUI.  Also, a court expungement does not remove the DUI from your driving record.  The DUI stays on your driving record for 10 years. To get the best advice, talk to a local criminal defense lawyer. If you want more info, check out California Penal Code § 1203.4 and California Vehicle Code § 13353.

An experience DUI lawyer can boost your odds of beating a DUI conviction. A capable attorney can question the proof against you, like challenging the officer's probable cause for stopping or contacting you, examining how accurate teh chemical testing was following your arrest. They can also bargain with prosecutors to lower charges or find other sentencing options. What's more, a lawyer can help you grasp and work through the tricky legal system and maybe spot procedure mistakes that could get your case thrown out.  An experienced DUI attorney is also able to present you as a whole person to the prosecutor, so they don't see you as just these charges. To get specific advice, talk to a local DUI lawyer.

Picking a DUI lawyer the right way involves several key steps:

1. Experience: Find a lawyer who has handled many DUI cases. They should know California DUI laws and procedures inside and out (California Vehicle Code § 23152).

2. Reputation: Look into their past results and what clients say about them. A lawyer who has won lots of DUI cases is your best bet.

3. Focus: Make sure they work on criminal defense, and even better, DUI defense. This focus means they keep up with new laws and know the best ways to defend you.

4. Meeting: Speak to a lawyer in the firm about your case. Don't rely on what a sales person tells you.  Ask the person you speak to how large the firm is, and if there are multiple people who will be working on your case.  

5. Costs: Know their pricing and make sure it fits your wallet.

6.  Trust your gut.  Make sure you feel comfortable with the attorney or firm that you hire.

To get reliable info, check out the State Bar of California's tips on choosing a lawyer.

In California, a DUI conviction is priorable (meaning any additional DUI charge within 10 years of a DUI conviction, will enhance the new DUI to a DUI with prior conviction(s) wnd this will increase the possible consdequences of the charge.  The DUI conviction can be expunged from your record after you successfully complete probation, as long as you are not facing any new charges.  It is important to note that even if your conviction is expunged, it is still priorable if you are charged with a new DUI.  Also, a court expungement does not remove the DUI from your driving record.  The DUI stays on your driving record for 10 years. To get the best advice, talk to a local criminal defense lawyer. If you want more info, check out California Penal Code § 1203.4 and California Vehicle Code § 13353. To get specific legal advice or explore expungement options, talk to a good criminal defense lawyer. For official sources, check out California Vehicle Code Section 13352 and California Penal Code Section 1203.4.

When someone gets arrested for drunk driving in California, the police take them to a nearby police station or county jail for processing. To find your friend or relative:

1. Get in touch with the arresting agency: Call the police department or sheriff's office or California Highway Patrol substation that arrested your friend.

2. Look online: Many counties have websites where you can search for people in jail. Check the county sheriff's website, for instance.

3. Go to or call the county jail: If you know which county it happened in, you can call the jail.

4.  Some agencies do not book those arrested into the jail, but bring them to a treatment location where they will be monitored until their blood alcohol level is below the legal limit and they are free to leave.

5. if there was accident, and your friend may be injured, you may ask the arresting agency which hospital he/she would be at.

6. Some people arrested for a DUI are released to a responsible sober adult, so you may also want to call that person.Keep in mind, people who get arrested often stay in custody for a few hours while they're being processed. To get the best info, it's a good idea to contact the local authorities in charge.

7. The arrested person will get their cell phone back once they are released and they may call you then.

In Los Angeles, you need to hire a DUI lawyer because DUI laws are complex and the consequences can be serious. A good DUI lawyer can help you in these ways:

1. Handle Legal Steps: They know how local courts work and can show you what to do during the legal process.

2. Question Evidence: They can argue against the reliability of field sobriety tests, breathalyzer results, and other proof.

3. Bargain for Lesser Punishments: They might try to get your charges or penalties reduced, including lower fines or different types of sentences.

4. Stand Up for Your Rights: They make sure the legal system respects your rights from start to finish.

5.  Los Angeles has 36 courthouses, and having an attorney experienced in the courthouse where your case is being handled can be incredibly beneficial to you an possible outsomes.Considering the harsh consequences of a DUI conviction such as possible jail time, fines, and a suspended license, having a skilled lawyer can have a big impact on how your case turns out (California Vehicle Code §23152 §23153).

In California, you might not go to jail for your first DUI, but it's possible. The judge can put you behind bars for 48 hours up to 6 months, based on what happened and how bad it was. Most people who get caught for the first time end up on probation. This often means they have to take alcohol classes and do community service instead of going to jail. But if your blood alcohol level was high, you caused a crash, or you've been in trouble before, you're more likely to see the inside of a cell. The Court will also consider how you interacted with law enforcement when you were contacted by them (did you fight with them) and how you performed in the past if you were placed on probation.  If you want advice that fits your situation, talk to a lawyer who knows California's DUI rules. To learn more, check out California Vehicle Code Section 23152 and what judges have been saying about it.

If you're under 21 and get caught driving drunk in California, you'll face tougher punishments than adults. California has a zero-tolerance rule, which means any alcohol in your system can lead to charges. With a BAC of 0.01% or higher, you might lose your license for a year, have to take alcohol classes, and maybe get probation. On top of that, if you're found guilty, you could pay fines, do community service, and in some cases even go to jail. The DMV may revoke your driving privilege and may order you to install an ignition interlock device if they do allow you to obtain a license.  To get legal advice that fits your case, talk to a lawyer who handles criminal defense. Check out California Vehicle Code Sections 23136 and 23140 to learn more.

To challenge a DUI case in California , think about these tactics:

1. Question Evidence: Check how accurate the breathalyzer or blood test results are and how reliable the field sobriety tests were. Make sure they followed the right steps to calibrate and give these tests.

2. Look into Procedure: Check if the police did everything by the book when they pulled you over and arrested you. If they stopped you without a good reason or didn't tell you your rights, you might get your case thrown out.

3. Look at Medical Issues: Some health problems or medicines can mess with test results.

4. Talk It Out: Try to get your charges reduced by making a deal or looking into other options for your sentence, like DUI programs or less serious charges.

5.  A lot of your defense options may be dictated or forclosed based on what happened during the stop and interaction with law enforcement and statement your made.  

6. It is often difficult to detatch yourself from your own case, so hiring an experienced DUI Attorney will likely give you a much better chance then representing yourself.Get in touch with a DUI defense lawyer who knows their stuff to look at your case and come up with a defense plan that fits your situation. If you want to know more, check out California Vehicle Code Sections 23152 and 23153.

There are two stages where your license will be an issue if you are arrested for a DUI.

1. When you are arrested for a DUI, the officer will take your license and provide you with a pink temporary license.  You or your attorney must request a DMV “Mandatory Actions” hearing within 10 days of your arrest.  If they request this hearing, you will maintain your driving privileges until there is a hearing and a decision following that hearing.

2. If you lose the DMV hearing, and/or you are convicted of a DUI in Court, then you will have options on how to get a restricted license.  Your driving will be restricted depending upon which option you select.    

a. If you do not want to have any time when you are not able to drive anywhere you want, then you will need to:   i.        Get enrolled in the DUI school.  

ii. Have an SR-22 on file with the DMV (proof of insurance from an insurance company that knows you have a DUI action against you.  

iii. Install an ignition interlock device on any vehicle you own or operate and bring proof to the DMV. They will then issue you a restricted license that will allow you to drive anywhere as long as driving a vehicle with a function IID in it.  

b. If you do not want to have an IID on your vehicle, then you will need to not drive for the first 30 days of your suspension, and as long as you have completed steps 1 and 2 above, on the 31st day, you can go to the DMV and pay them a re-issue fee.  They will issue you a restricted license that will allow you to drive to and from work, to and from your DUI school and during the course of employment.  Your driving privileges will be restricted for one year from the day the restricted license is issued.  

3. You will be able to obtain your unrestricted driving privileges once you have:  

a. Completed the DUI school ordered by the Court. The program will provide proof to the Court and the DMV.

b. You have completed your period of restricted driving (if any).

c. You have an SR-22 on file (if within 3 years of obtaining it.  

d. You have no other restrictions on your driving privileges (such as unpaid tickets, or another suspension for another matter.

e. The DMV will then remove any restrictions from your driving privileges.  Though you will be ordered to keep your SR-22 on file for three full years, and during those three years, you are also prevented from driving with a 0,01 blood alcohol level and you are ordered to not refuse a chemical test if you are suspected of driving under the influence of alcohol.  

f. The DMV ultimately will decide whether or not your license if free of restrictions.Talk to an experienced DUI lawyer to make sure you've done everything required. To get the latest info, check out the California DMV and California Courts websites.

In California, when you are arrested for Driving Under the Influence, the police officer will generally take your license and provide you with a pink "temporary license."  This Temporary license paper, in fine print, advises you that your license will be suspended 30 days after your arrest date, unless you take action to prevent it within 10 days.  Within 10 days you, or your attorney, must contact the DMV to request an Administrative Per Se Hearing.  This is a hearing with a DMV Hearing Officer to determine whether or not the police had sufficient probable cause to contact you, and then to arrest you, and following your arrest, did you submit to a blood or breath test that showed your blood alcohol level was 0.08 or higher, or after being arrested, you were advised of your obligation to take a chemical test, and you refused to take such a test knowing the consequences of that decision.  tIf you do not request a hearing within 10 days, your license will be suspended on the 31st day following your arrest.If you do request a hearing within 10 days of your arrest, then your license will remain valid until the hearing is conducted and a decision is reached.  

1. If the decision is that you were driving with a blood alcohol level of 0.08 or higher, then the DMV will issue an order lifting the stay of suspension, and the suspension will start 10 days following the decision.  

2. If the DMV decides that the officer did not have probable cause to contact you or arrest you, or they did not receive enough evidence that you had a blood alcohol level of 0.08 or higher at the time of driving, or you did not knowingly refuse a chemical test, then the DMV will decide to “set-aside” (not impose any license suspension).Having an experienced DUI attorney represent you at your DMV hearing is invaluable in fighting to keep your driving privileges.

To get the latest info, you can check out the California DMV's rules and California Vehicle Code Section 13353.

In California, a DUI conviction is priorable (meaning any additional DUI charge within 10 years of a DUI conviction, will enhance the new DUI to a DUI with prior conviction(s) wnd this will increase the possible consdequences of the charge.  The DUI conviction can be expunged from your record after you successfully complete probation, as long as you are not facing any new charges.  It is important to note that even if your conviction is expunged, it is still priorable if you are charged with a new DUI.  Also, a court expungement does not remove the DUI from your driving record.  The DUI stays on your driving record for 10 years. To get the best advice, talk to a local criminal defense lawyer. If you want more info, check out California Penal Code § 1203.4 and California Vehicle Code § 13353. To get specific legal advice or explore expungement options, talk to a good criminal defense lawyer. For official sources, check out California Vehicle Code Section 13352 and California Penal Code Section 1203.4.

A lawyer can't promise to get a DUI charge dropped, but they can boost your odds of a good result. A seasoned DUI lawyer will go through the evidence, spot potential legal snags, and push back against the prosecution's arguments. They might uncover procedural mistakes, problems with breathalyzer accuracy, or breaches of your rights that could lead to reduced or dismissed charges.  An experienced DUI attorney can also discuss you as more than this offense with the prosecutor and sometimes your personal story and potential impact a DUI will have on your life may more the prosecutor to a more reasonable resolution of your case.  Or, if you decide, an experienced DUI attorney can take your case to Jury Trial and fight for you in front of a Jury.Sometimes, talks with the prosecutor might end in a deal to plead guilty to a less serious offense. To get precise and thorough guidance, check out California Penal Code Sections 1000 and 1016 or talk to a DUI defense lawyer to grasp your specific case and choices.

In California, a previous DUI arrest can have a big effect on your current DUI case. If you've been convicted of a DUI in the last 10 years, the prosecutor might (likely will) charge your current offense as a second or later DUI. This means harsher punishments (higher minimum sentence required), like longer license suspensions bigger fines, and required DUI education programs. Also, a record of DUI offenses might influence your sentence if you're found guilty.  It is also important to know that if your prior DUI was a felony DUI, the current one will be charged as a felony, even if there is no other reason for it to be a felony.

California Vehicle Code Section 23540 says that past DUI convictions can lead to tougher penalties. These might include more jail time or longer probation. To get specific advice for your situation, check the relevant parts of the California Vehicle Code and talk to a DUI defense lawyer. They can help lessen the impact of your previous offenses on your current case.