A Driving Under the Influence (DUI) arrest in California triggers two separate and equally serious legal proceedings: a criminal case in the court system and an administrative action with the Department of Motor Vehicles (DMV). Understanding the core statutes—Vehicle Code (VC) 23152(a) and 23152(b)—is the first step in building a powerful defense.

In California, most DUI arrests result in two distinct charges stemming from the same incident. These charges address different legal standards of impairment:

This is the "DUI Impairment" charge. It focuses on how alcohol actually affected your ability to drive.

• Elements the Prosecution Must Prove:
  • You drove a vehicle.
  • When you drove, you were "under the influence" of an alcoholic beverage.

• What "Under the Influence" Means: Your physical or mental abilities were impaired to such an extent that you could not drive the vehicle with the caution of a sober person, using ordinary care, under similar circumstances. Crucially, you can be convicted under VC 23152(a) even if your Blood Alcohol Content (BAC) was below 0.08%.

This is the "DUI Per Se" charge, which is a “presumptive” violation based solely on your blood alcohol level.

• Elements the Prosecution Must Prove:
  • You drove a vehicle.
  • When you drove, you had a BAC of 0.08% or greater.

• Impairment is Irrelevant: For a VC 23152(b) charge, the prosecution does not need to prove that your driving was actually impaired. If your BAC was 0.08% or higher, the law presumes you were driving unlawfully.

For a first offense DUI (not involving injury), the violation is typically charged as a misdemeanor, but the penalties are severe and include both minimum and maximum consequences:

Penalty Component

Minimum Penalty (First Offense)

Maximum Penalty (First Offense)

Jail Time

No jail or 48 hours

Up to 6 months in County Jail

Fines & Fees

Approximately $390 plus penalty assessments (Totaling over $1,800)

Up to $1,000 plus penalty assessments (Totaling over $4,000)

Probation

3 years of Summary Probation

5 years of Summary Probation

DUI School

3-month AB541 alcohol program

9-month program (depending on BAC)

IID Requirement

Mandatory installation for 6 months (in most counties)

Up to 3 years, if mandated by the court

License Suspension

6-month court suspension (Often runs concurrently with DMV action)

N/A

Repeat DUI offenses or cases involving injury, excessive speed, or high BAC levels (0.15% or higher) carry significantly harsher, mandatory jail time, longer DUI programs, and extended license revocation periods.

The DMV process is entirely independent of the criminal court case. It addresses your driving privilege immediately upon arrest.

When arrested, the officer confiscates your license and issues a Notice of Suspension (often a temporary pink paper license) valid for 30 days. To contest this automatic license suspension, you have only 10 calendar days from the date of your arrest to request a hearing with the DMV Driver Safety Office. Failing to request this hearing means your license will automatically suspend on day 31.

If you lose the DMV hearing or fail to request one, your license is suspended. A first-time DUI suspension is typically four months. However, you can apply for a restricted license to regain driving privileges quickly:

1. Ignition Interlock Device (IID) Restriction:
   • Benefit: Allows unrestricted driving (no limits on time or location).
   • Requirements: Install an IID in your vehicle for a specified period (typically 6 months), obtain SR-22 insurance, and enroll in a DUI program.

1. Work/School Restriction (Hard Suspension Option):
   • Benefit: Allows driving only to, from, and during work and to and from your DUI program.
   • Requirements: Serve a mandatory 30-day "hard suspension" (no driving at all), obtain SR-22 insurance, and enroll in a DUI program. This option is not available to repeat offenders.

A successful defense often focuses on challenging the reliability of the police investigation and the accuracy of the BAC evidence.

Common defense strategies include:

• Lack of Probable Cause: Arguing that the police officer did not have a valid, legal reason (reasonable suspicion) to pull over your vehicle in the first place. If the stop was unlawful, all subsequent evidence (FSTs, chemical tests) may be suppressed.

• Rising Blood Alcohol Content (Rising BAC): The law criminalizes driving with a BAC of 0.08% or higher, not testing at that level later. Alcohol takes time to absorb. If the test was taken significantly after you stopped driving, your BAC may have been legal while you were actually behind the wheel.

• Faulty Chemical Testing & Title 17 Violations: Breathalyzers and blood draws must follow strict state regulations (Title 17). This includes proper calibration, maintenance, and the officer's required 15-minute continuous observation period before a breath test. Any violation can compromise the test results.

• Field Sobriety Test (FST) Inaccuracy: FSTs are subjective and can be failed due to fatigue, medical conditions (like back or knee problems), or uneven road surfaces—not necessarily intoxication.

If you have been arrested for DUI in California, remember the 10-day DMV deadline is critical. A delay can automatically forfeit your right to a hearing and lead to an immediate license suspension. The stakes are too high to face this complicated legal battle alone.

Contact our office immediately for a confidential case review. We will protect your rights in criminal court and at your crucial DMV Administrative Per Se hearing.

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