Driving Under the Influence (DUI)

Being Arrested in Los Angeles County fro a DUI

A DUI, or “Driving Under the Influence” of drugs or alcohol, is a very serious offense. If you have been pulled over and arrested for this particular crime, you need to be aware of a few critical pieces of information.

  • Once arrested for a DUI, you have just 10 days to request a hearing with the California DMV.
  • You need to obtain a copy of your police report and then thoroughly read it.
  • Most importantly, it is essential that you know your rights after an arrest for DUI.
  • Learn about your different options for court so that you can make an informed decision regarding resolution of your DUI case.

Following an arrest for DUI, there are four critical steps to take. By visiting our office and getting a free consultation about your rights.

You also have the right to contact our law firm by calling 844-999-9987. If your arrest took place in Los Angeles County, we can obtain a stay and request a DMV hearing on your behalf. WARNING: It must be done within 10 days of your arrest for DUI.

Los Angeles DUI Attorney

For professional legal assistance when dealing with a DUI, we can be reached at 844-999-9987 during business hours on Monday through Friday, 8:30 a.m. to 5:30 p.m. To reach our office after hours, we provide our operators available 24/7. Whether calling during or after normal business hours, with our free, no-obligation consultations, you have the opportunity to speak directly to an attorney that specializes in DUI cases. We also speak Russian Spanish and Armenian.  Se habla Español.

The Impact a DUI Has on Your License

Typically, a first-time DUI will result in your driver’s license being suspended for one month. After that, you have the right to apply for a five-month restricted license.

Restricted Driver’s License

If this is your first DUI, you can usually get a restricted license after having your driver’s license suspended for a month. However, this is only an option if you take certain steps.

  • You must enroll in a DUI class for first-time offenders.
  • You are required to file an SR-22 form with the DMV, which shows proof of insurance.
  • You have to pay a fee to the DMV to have your driver’s license reissued.

If you are pulled over and arrested a second time for a DUI, the penalties are stiffer. In this case, if the DUI occurs within a 10-year period from any other DUI conviction, you will lose your driver’s license for a full year. During that year, there is no opportunity to get a restricted license.

Our DUI website provides more detailed information on DUIs and restricted licenses.

Jail Time

Fortunately, you would not face any jail time on a first DUI offense unless there was some type of aggravating circumstance. For more information on what constitutes an “aggravated DUI,” please visit our DUI website.

If you are at risk for going to jail on a DUI, you need to contact us immediately. We have a long history of helping people with alternatives to the Los Angeles County Jail. Sometimes, we can keep you out of jail completely. Other times, you might be required to stay overnight in jail but be released during the day to work. More information about DUI jail time is also provided on our DUI website.

Drinking and Driving Under the Age of 21

The Zero Tolerance Law

Today, many states have adopted the zero-tolerance law for people under the age of 21 who get caught drinking and driving, including the state of California. For this scenario, the amount of alcohol in the blood does not matter. In other words, if blood or breath results come back as 0.01, 0.02, 0.03, 0.04, 0.05, 0.06, 0.07, 0.08, or even higher, your driver’s license will be revoked by the DMV for one year.

Also, see Minor in Possession of Alcohol

n addition, if the minor is impaired and leaves the home, he/she subjects him/herself to possible charges under

  1. California’s DUI laws that pertain to minors under 21 which include
    • California Vehicle Code 23136 VC: California’s Zero Tolerance Law (a civil offense)
    • California Vehicle Code 23140 VC: Under 21 DUI with a BAC of 0.05% – 0.07% (an infraction), or
    • California Vehicle Code 23152a VC: Driving Under the Influence (a misdemeanor),

In this case, your only option is to apply for what is called a DMV “critical need restricted license.” With that, you may be granted permission to drive to and from work or school. For legal advice pertaining to drunk driving under the age of 21, please contact us at 844-999-9987.

You can also learn the steps to take when your vehicle has been impounded.

Driving on a DUI Suspended License (VC 14601.2)

Choosing to drive while your license was suspended for a DUI is a very serious offense. Because of this, the law imposes at a minimum the following for a traffic ticket violation with a suspended license:

  • 10 days in the Los Angeles County Jail
  • Installation of an ignition interlock device
  • A $1,000 fine
  • Two points on your driver’s license record

Especially in a case like this, you need to do everything possible to avoid any of these stiff punishments and to get your driver’s license reinstated.

Reputable Los Angeles DUI Attorney

We are here to help.

  • You need to become educated about DUI offenses and penalties by visiting our DUI website at www.dui-california.arrest.com.
  • Call us immediately at 844-999-9987 so that you have the opportunity to speak directly with an experienced DUI attorney.

California Vehicle Code 23152

Each year there are approximately thousands of injuries and hundreds deaths are caused by drunk driving in California according to California Highway Patrol studies. The law enforcement agencies are specifically trained to catch and prosecute such offenses. California Highway Patrol actually puts their officers through DUI courses on how to detain and properly arrest drunk drivers.

Driving under the influence of drugs or alcohol is one of the most type of common offenses in California. Therefore the Law Enforcement agencies are trained and given the best equipment to try to obtain a conviction. The laws are also some of the strictest in the nation for a driving under the influence. However, there is a general misconception about Driving Under the Influence arrests, that these type of cases are not winnable. If the breathalyzer or the blood test shows at or above a 0.08%, there is no way to successfully defend the case. The reality is that there are multiple ways to defend these cases.


Most people are charged with Driving Under the Influencee (DUI) California Vehicle Code 23152 (A) and/or (B). These two misdemeanor charges usually are charged together or separately depending on the facts of the case. Traffic Clinic LA attorneys are experienced in Los Angeles Courts and have handles hundreds of cases successfully.


Most people unfortunately give up and feel that there is no way to fight a DUI. However the reality is that there are multiple ways to defend these cases.

Many DUI charges are based on circumstantial evidence, which is collected by officers who may or may not have been properly trained or have properly followed procedure. There are often no eyewitnesses to the actual driving of the vehicle. But with new technology come new tools that help both officers and the public determine the truth. Most California Highway Patrol and Some local police agencies have equipped their vehicle with dash cameras called MVARS or Mobile Video Audio Recording units. These can be very helpful in defending a case, especially if the officer did not follow protocol, which unbeknownst to the public actually happens quite often.

There are also other defenses such as “Rising Blood Alcohol”. This defense deals with the way alcohol absorbs into the blood. When alcohol is consumed it first enters the stomach. From the stomach, it absorbs into the blood stream. When alcohol enters the blood, this is when intoxication occurs. The process of moving into the blood stream is referred to as “absorption.” How long it takes for absorption to occur is the root of the rising blood alcohol argument. Each person reacts differently to alcohol, and each person has a different amount of time it takes for absorption to occur. Absorption can take as fast as 30 minutes, to as long as two hours.

“Rising blood alcohol” and the absorption of alcohol into the bloodstream are complicated subjects, and a thorough understanding of the issue is necessary for the experienced criminal defense attorney from Traffic Clinic LA. Generally the prosecutor really will not spend that much time on the case and understand it all that well, which gives the defense a distinct advantage.

Preliminary Alcohol Screening Breathalyzer, any PAS result has to jump several hurdles to be admitted into evidence. A strong defense should preclude these results from ever being seen in a courtroom.

The Breathalyzer/Blood test: the same analysis of the PAS can also apply to the blood or Breathalyzer test. Depending on which test was performed; there are multiple ways to have these results excluded.

Challenging Probable Cause to Stop. Many times, these cases can be defeated before any examination of the chemical test evidence is necessary. The Fourth Amendment of the Bill of Rights protects against unreasonable search and seizure. The police have to be able to provide a justification for the initial stop of your vehicle in the first place. They must show a reasonable suspicion of criminal activity. The Police must be able to articulate these suspicions; a mere hunch does not suffice. Therefore, if you were pulled over for no reason, or an invalid reason, all of the evidence that is gathered after the initial stop (which is generally all of the evidence in the case), is suppressed, meaning not allowed into court. The Law of Search and Seizure is complex, and there are pages on this website that deal with it, but for now, it should be stated that an unlawful stop can get the Driving Under the Influence case dismissed.

Our attorneys have dismissed hundreds of cases with alleged charges of California Vehicle Code 23152 commonly known as Driving under the Influence. Contact us for an immediate consultation, time is of the essence in these cases, especially during the first 10 days after you receive a DUI offense. It may affect your license for up to one year.

The information contained on this website regarding California traffic tickets, speeding tickets, and traffic citations is not a substitute for
individual legal consultation. Contact Traffic Clinic LA today for a free evaluation of your ticket. If we believe you have a strong case, we will go to court for you so you don’t have to miss work or school, and we will fight the ticket for you.

LAW: Driving under the Influence (California Vehicle Code 23152).

California Vechile Code 23152

(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) It is unlawful for a person who is under the influence of any drug to drive a vehicle.

(f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

Requesting a DMV Hearing

If you wish to challenge the suspension of your driver’s license following a DUI arrest, you or your attorney should contact the DMV Driver’s Safety Office within 10 days of your arrest to request a DMV Hearing. Our experienced attorneys at Traffic Clinic are available to assist you with the DMV Hearing Process, but it is imperative that a hearing request be made within 10 days.

Failure to timely request the DMV hearing within 10 days will result in a waiver of your right to the hearing and suspension of your California license will suspend your license for up to a year. If you have an out of state license and a DMV hearing is not requested within 10 days your driving privileges are likely to be suspended in your home state.

DUI Penalties

If you have been arrested for a DUI in California, you may face jail time, loss of your driver’s license and expensive fines and costs. Even a first time misdemeanor DUI offense carries substantial penalties, including up to a 1 year license suspension, up to 1year in county jail (though it is unusual for a first offender to do any jail time), Alcohol classes for 3 – 36 months and Fines, Assessments and Fees upwards of to $10,000. If you have prior DUI offenses within the last 10 years, your penalties may be substantially on the higher end of that scale.

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