Drunk driving is a serious criminal offense in California. It could cost you your license and even your freedom. With that being said, you absolutely have the right to raise a defense. A DUI charge is by no means the same thing as a DUI conviction. Our Los Angeles DUI defense attorney can help you protect your license (and your freedom) after an arrest in California.
A DUI Arrest in California Often Leads to Two Separate Legal Proceedings
If you are arrested and charged with a DUI in Los Angeles or elsewhere in California, you are likely going to face two separate legal proceedings. It is imperative that you are properly prepared. Here is an overview of what you should be ready for:
- Administrative Process (License Suspension): The DMV administrative process begins immediately after the arrest if the officer confiscates the driver’s license and issues a notice of suspension. Under Vehicle Code § 13353.2, the DMV may suspend a driver’s license if chemical testing shows a blood alcohol level above the legal limit or if the driver refuses testing. In other words, your license can be suspended at the administrative level in California on the basis of a DUI arrest alone.
- Criminal Case (Drunk Driving Charge): Under California law, the criminal case proceeds in the superior court under California’s DUI statutes. The most common charges arise under California Vehicle Code § 23152(a) and § 23152(b). Section 23152(a) prohibits operating a vehicle while under the influence of alcohol or drugs. Section 23152(b) prohibits driving with a blood alcohol concentration of 0.08 percent or higher.
You Can Request a DMV Hearing (Challenge the Administrative License Suspension)
California law allows a driver to challenge the administrative suspension through a DMV administrative per se hearing. As a driver charged with a DUI, you must request this hearing within ten days of the arrest. If you fail to make the request within that window, the license suspension generally takes effect automatically. The DMV hearing focuses on a limited set of issues. The hearing officer evaluates whether the arresting officer had reasonable cause to believe the driver violated DUI laws, whether the arrest was lawful, and whether the chemical test showed a blood alcohol concentration of 0.08 percent or higher. If you have any questions about how to request an administrative hearing (or how to raise a defense), an experienced Los Angeles DUI lawyer can help.
Your Los Angeles DUI Defense Lawyer Will Review the Legality of the Traffic Stop
Police officers in California do not have a full, unencumbered right to stop motorists. A DUI defense review by a lawyer will often start with the legality of the traffic stop. The Fourth Amendment requires law enforcement officers to possess reasonable suspicion that a traffic violation or criminal offense occurred before stopping a vehicle. If the officer lacked a valid legal basis for the stop, the defense may file a motion to suppress evidence under California Penal Code § 1538.5. A successful suppression motion can eliminate key evidence in the case, including observations made during the stop and the results of field sobriety testing. That may be enough to get DUI charges dismissed.
Your Lawyer Will Ensure Chemical Testing Procedures Follow California Law
Chemical testing evidence forms the centerpiece of many DUI prosecutions. California law establishes strict procedures governing the collection and analysis of breath and blood samples. These requirements appear in Title 17 of the California Code of Regulations, which regulates testing methods and equipment calibration. Among other things, a Los Angeles DUI defense attorney will examine whether law enforcement complied with these regulatory requirements. Breath testing devices must undergo regular calibration and maintenance. Officers must observe the driver for a required observation period before administering the test to ensure that mouth alcohol or other substances do not contaminate the sample.
Any Field Sobriety Test Results Should Be Carefully Reviewed (They are Contestable)
In California, motorists are not required by law to take a field sobriety test. Nonetheless, state and local police officers often rely on field sobriety tests when determining whether a driver is impaired. These tests often include the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. Although prosecutors often treat these tests as indicators of impairment, they remain subjective evaluations. Your Los Angeles DUI defense lawyer analyzes how the officer administered the tests and whether environmental conditions affected performance. Uneven pavement, poor lighting, fatigue, underlying medical conditions, and even footwear can influence a driver’s ability to complete the exercises.
Your DUI Defense Attorney Can Negotiate a Plea Agreement
An aggressive defense strategy is not always the right defense strategy for a DUI case. In some circumstances, it is better to focus on negotiating a favorable plea agreement. Indeed, many DUI cases are resolved through negotiated plea agreements rather than trial. Your Los Angeles DUI defense lawyer will evaluate the strength of the prosecution’s evidence and use any weaknesses as leverage during negotiations with the prosecutor. In California, a common negotiated outcome involves reducing the charge to “wet reckless” (California Vehicle Code § 23103.5). It is a resolution that still reflects alcohol involvement but carries significantly lower penalties than a DUI conviction.
How Our Los Angeles DUI Defense Lawyer Can Help
Arrested and charged with a DUI in Los Angeles or elsewhere in Southern California? Your license (and even your freedom) could be at stake. At Grace Legal Group Inc, we are a boutique criminal defense firm that puts clients first. A DUI arrest is a criminal charge, not a conviction. You have the right to raise a zealous defense. An experienced Los Angeles DUI defense lawyer can help.
Call Our Los Angeles, CA, DUI Defense Attorney Today
At Grace Legal Group Inc, our Los Angeles drunk driving defense lawyer provides the proactive criminal defense services that you can rely on. If you or your loved one was arrested for a DUI, please do not hesitate to contact us today for a fully confidential initial consultation. We handle DUI charges in Los Angeles County, Orange County, Ventura County, San Diego County, Riverside County, San Bernardino County, Kern County, Monterey County, and Santa Barbara County.