DUI &
DWI Defense
Expertise Overview
- ✓ License Suspension Defense
- ✓ Ignition Interlock Advocacy
- ✓ Felony DUI Representation
- ✓ Constitutional Stop Analysis
"Authorities are obligated to respect your constitutional rights from the moment of the initial traffic stop. We ensure those rights are upheld."
Defending Clients Charged with Driving Under the Influence in California
When facing a charge for driving under the influence (DUI), it can feel like your world is caving in. That's understandable given the potential sanctions, but the good news is this—there are more DUI defense strategies available in California than most people realize.
The California Vehicle Code identifies a .08% Blood Alcohol Content (BAC) as the legal demarcation point for when a driver is considered intoxicated. The penalties typically depend on prior DUI convictions and, if so, how many. Other sentencing factors include whether someone was injured. Taking all of this into account determines whether a DUI will be charged as a misdemeanor or felony.
Potential Penalties in California
The consequences of a DUI conviction are structured to increase with each subsequent offense within a ten-year "look-back" period:
First-Time Offense
- • Minimum fine of $390 (plus penalty assessments)
- • DUI school (3–9 months)
- • Up to 6 months in county jail
- • License suspension (IID may preserve driving privileges)
Second & Third Offenses
- • Up to 1 year in county jail (2nd), up to 2 years (3rd)
- • Extended DUI school (up to 30 months)
- • License suspension ranging from 1 to 2 years
- • Mandatory Ignition Interlock Device (IID) installation
Felony DUI & Aggravating Factors
In California, a fourth DUI within ten years, or any DUI involving injury or death, will be charged as a felony:
DUI with Injury
Causing injury due to intoxication
2–4 years state prison
Up to $5,000 in fines
Child Endangerment
Injuring or killing a child passenger under 14
2–6 years state prison
Up to $10,000 in fines
Vehicular Manslaughter
Causing death while intoxicated
4–10 years state prison
Up to $10,000 in fines
Ignition Interlock Device (IID)
An IID is essentially a breathalyzer built into your vehicle. The technology requires the driver to pass a breath test before starting the car. In California, IIDs can be used as an alternative to license suspension—allowing you to maintain driving privileges while your case is pending or after conviction. This comes with the added expense of installation and monthly monitoring.
Defense Strategies
A DUI charge is not a conviction. There are several angles from which to undermine the prosecution's case. Legal authorities are obligated to respect everyone's constitutional rights and follow reasonable procedure—from the moment the police officer pulls you over.
Constitutional Rights Analysis
We scrutinize the initial traffic stop to ensure law enforcement had reasonable suspicion. If your Fourth Amendment rights were violated during the stop or arrest, evidence may be suppressed.
Procedural Scrutiny
From field sobriety test administration to breathalyzer calibration, we investigate whether proper procedures were followed by police.
Breathalyzer Accuracy
We examine whether the testing device was properly calibrated and maintained, and whether the officer was certified to administer the test.
Alternative Sentencing
We advocate for alternative outcomes such as community service, alcohol education programs, or IID installation to maintain driving privileges.
If you are facing a DUI charge in California, it is critical to seek legal advice right away. These charges carry serious penalties, and an attorney can help guide you through the process and protect your rights.