In California, driving under the influence is a criminal offense prosecuted in criminal courts. The state has strict laws against operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. You can also face DUI charges with lower BAC levels if your driving ability is impaired by alcohol or drugs, including prescription medications.

California prosecutors aggressively pursue DUI cases, and convictions carry mandatory penalties established by state law. These cases involve complex legal procedures in both criminal court and the Department of Motor Vehicles (DMV).

Most first, second, and third DUI offenses in California are charged as misdemeanors. However, certain circumstances can elevate a DUI to a felony:

• Fourth or subsequent DUI offense within 10 years
• DUI causing injury to another person
• Prior felony DUI conviction
• Vehicular manslaughter while intoxicated

The distinction between misdemeanor and felony DUI is critical. Felony convictions carry state prison sentences, higher fines, and lifelong consequences including loss of voting rights and firearm privileges.

Additional DUI Consequences

• Mandatory DUI education programs (3-30 months)
• Probation (3-5 years)
• Increased auto insurance premiums
• Vehicle impoundment
• Professional license consequences
• Immigration consequences for non-citizens

When arrested for DUI in California, you face two separate proceedings:

1. Criminal court case for the DUI charge
2. DMV administrative hearing for your driver’s license

You have only 10 days from your arrest to request a DMV hearing, or your license will be automatically suspended. This administrative process is entirely separate from your criminal case and requires different legal strategies.

At the DMV hearing, the focus is solely on your driving privileges. The hearing officer will consider whether:

• The officer had reasonable cause to believe you were driving under the influence
• You were lawfully arrested
• You were driving with a BAC of 0.08% or higher

The hours and days immediately following a DUI arrest are critical to your defense. Evidence collection, witness statements, and procedural challenges must be addressed promptly.

Critical Deadlines After DUI Arrest:

• 10 days to request DMV hearing (or face automatic license suspension)
• 30 days of temporary driving privileges from arrest date
• Limited time to collect surveillance footage, witness statements, and other evidence
• Police reports and evidence can be altered or become unavailable if not promptly requested

DUI cases in Los Angeles are prosecuted in several courts throughout the county, depending on where the arrest occurred. These include:

• Clara Shortridge Foltz Criminal Justice Center (Downtown LA)
• Airport Courthouse (LAX area)
• Van Nuys Courthouse
• Compton Courthouse
• Pasadena Courthouse
• Torrance Courthouse

Each court has unique procedures, prosecutors, and judges. Local knowledge of these courts is crucial for effective DUI defense. Our attorneys regularly appear in all Los Angeles County criminal courts and understand the specific approaches needed in each venue.

Effective DUI defense requires thorough investigation and legal expertise. Our criminal defense attorneys examine every aspect of your case, including:

• Legality of the traffic stop and arrest
• Proper administration of field sobriety tests
• Accuracy and maintenance of breath/blood testing equipment
• Chain of custody for blood samples
• Officer conduct and procedural violations
• Medical conditions that could affect test results
• Witness statements and video evidence