DUI Criminal Defense/DMV Defense

Driving under the influence (DUI) is one of the most frequently prosecuted criminal offenses in Los Angeles. Police agencies across the city have increased enforcement through specialized DUI patrols and sobriety checkpoints, leading to a higher number of arrests. Even a first-time DUI arrest can carry severe consequences, including criminal charges, suspension of driving privileges, and long-term effects on your career and personal life. Anyone facing a DUI arrest should contact a skilled Los Angeles DUI attorney as soon as possible to safeguard their rights and develop a strong defense strategy.

Most DUI investigations begin when a law enforcement officer notices a traffic violation. This can be something relatively minor, such as a defective taillight or improper lane change. Officers must have reasonable suspicion or probable cause to initiate a traffic stop, with the notable exception of DUI checkpoints. At checkpoints, officers are permitted to briefly stop drivers without individualized suspicion to assess potential impairment.

Once a stop occurs, the officer will typically ask the driver questions and observe their behavior. Indicators such as the smell of alcohol, slurred speech, or red, watery eyes may raise suspicion. If impairment is suspected, the driver may be asked to exit the vehicle and perform field sobriety tests. These exercises are designed to evaluate balance, coordination, attention, and the ability to follow instructions. The officer may also request a preliminary alcohol screening (PAS) breath test. For drivers over 21 who are not on DUI probation, the PAS test is generally optional. However, it is mandatory for drivers under 21 and those currently on DUI probation.

If the officer concludes there is probable cause to believe the driver was under the influence, an arrest usually follows. The driver is then required to submit to a chemical test—either a breath or blood test—under California’s implied consent law. Refusing this test can lead to serious additional penalties, including longer jail sentences and a one-year license suspension with no option for a restricted license.

Most DUI charges arise under California Vehicle Code Section 23152(a), which prohibits driving under the influence of alcohol. A refusal allegation can significantly increase sentencing exposure. Breath tests are typically administered at the police station using a certified Breathalyzer, with results available almost immediately. Blood tests are conducted at a hospital or laboratory by a medical professional and are commonly used in suspected drug-related DUI cases, since breath tests cannot detect drugs. Blood test results often take weeks to return from the crime lab.

After an arrest, prosecutors review the case to determine which charges to file. Frequently, both Vehicle Code Section 23152(a) (driving under the influence) and Section 23152(b) (driving with a blood alcohol concentration of 0.08% or higher) are alleged. These charges allow prosecutors to pursue different legal theories—impairment versus unlawful BAC level.

Early involvement by a DUI attorney can be especially valuable before charges are officially filed. In some cases, defense counsel can present mitigating or exculpatory evidence during this pre-filing stage, potentially preventing charges or reducing their severity.

DUI arrests involving drugs have become increasingly common. Under California Vehicle Code Section 23152(f), it is illegal to drive while under the influence of any drug, whether illegal substances like cocaine or methamphetamine or legally prescribed medications such as Xanax, Vicodin, or Ambien. A valid prescription does not excuse impaired driving.

Since the legalization of recreational marijuana in California, law enforcement has intensified efforts to identify marijuana-related DUI offenses. Because no standardized breath test exists for marijuana, police rely on blood testing, field sobriety evaluations, and assessments by drug recognition experts (DREs).

Penal Code Section 1538.5 allows the defense to challenge the legality of a traffic stop or search through a motion to suppress evidence. If the court finds the stop or search unlawful, any resulting evidence may be excluded, often forcing the prosecution to dismiss or reduce the case.

Penal Code sections also influence sentencing enhancements, particularly when aggravating factors are alleged, such as prior DUI convictions, high BAC levels, test refusals, or injuries. In DUI cases involving injuries, prosecutors may seek enhancements under Penal Code Section 12022.7 for great bodily injury, significantly increasing potential penalties.

When a DUI case proceeds to trial, judges rely on standardized jury instructions known as CALCRIM. For standard DUI cases, CALCRIM 2110 outlines what the prosecution must prove, including that the defendant drove a vehicle while under the influence of alcohol or drugs. Under this instruction, a person is considered “under the influence” if their mental or physical abilities were impaired to the point they could not drive with the caution of a sober person in similar circumstances.

Defense attorneys carefully analyze how officers conducted field sobriety tests, chemical testing, and the overall investigation. Common defenses include challenging the validity of the traffic stop, the accuracy of breath or blood test results, and compliance with California Title 17 regulations governing chemical testing procedures.

One frequently used defense involves “rising blood alcohol,” which occurs when a person’s BAC increases between the time of driving and the time of testing. If testing is delayed, BAC results may not accurately reflect the driver’s level at the time they were operating the vehicle, creating reasonable doubt.When evidence against a defendant is substantial, attorneys may negotiate for reduced charges. These can include wet reckless (Vehicle Code Sections 23103/23103.5), standard reckless driving (23103 VC), or exhibition of speed (23109(c) VC). A wet reckless conviction often carries lighter penalties and fewer long-term consequences than a DUI.

DUI penalties depend on factors such as prior convictions and aggravating circumstances. A first DUI offense may result in up to six months in jail, fines between $390 and $1,000 (plus penalty assessments), completion of a DUI education program, and a license suspension of up to six months. Courts often grant probation in lieu of maximum jail time, but probation violations can trigger harsher punishment.

Penalties increase significantly for repeat offenses within ten years. A second DUI typically involves mandatory jail time, higher fines, and longer DUI programs. A third DUI carries even more severe mandatory minimum sentences. A fourth DUI within ten years may be charged as a felony, exposing the defendant to state prison time.

If a DUI involves injuries, prosecutors may file charges under Vehicle Code Section 23153, known as DUI causing injury. These cases may be charged as misdemeanors or felonies depending on the circumstances and can include substantial sentencing enhancements.

A DUI conviction can affect far more than criminal penalties. Professional licenses, immigration status, and employment background checks may all be impacted. Licensed professionals—including healthcare workers, educators, attorneys, and real estate agents—may face disciplinary action from licensing boards. Commercial drivers and those who rely on driving for work may experience particularly serious career consequences.

Separately from the criminal case, the DMV can impose an administrative license suspension. Drivers have only ten days from the date of arrest to request a DMV hearing to challenge this action. Missing this deadline results in an automatic suspension, regardless of what happens in criminal court.

Given the serious and lasting consequences of a DUI conviction, having an attorney who is prepared to take a case to trial is essential. Ron Chini brings extensive trial experience and insider knowledge as a former prosecutor. He understands how DUI cases are built by law enforcement and how prosecutors approach them, allowing him to craft effective defense strategies or negotiate favorable resolutions when appropriate.

Seeking legal representation immediately after a DUI arrest ensures your rights are protected from the start. From reviewing police reports to challenging testing procedures and uncovering constitutional violations, early legal action can make a decisive difference in the outcome of your case.