DUI Process in Southern California

Driving under the influence (DUI) in Southern California is treated with the utmost seriousness by law enforcement, prosecutors, and the judicial system. A DUI arrest can trigger a cascade of severe repercussions, including potential incarceration, substantial monetary fines, mandated probation, suspension of driving privileges, and the creation of a lasting criminal record. Possessing a thorough understanding of the DUI process is crucial for making informed decisions if you or someone you know is confronted with these charges.

This overview aims to provide a comprehensive examination of the initial traffic stop or DUI checkpoint encounter, the subsequent investigation, the arrest procedure, relevant references to the California Penal Code and Vehicle Code, pertinent jury instructions as outlined in CALCRIM, potential sentencing outcomes, and the invaluable role an experienced attorney plays in navigating each phase of this complex legal journey. If you are facing a DUI charge, do not hesitate to contact a skilled DUI defense lawyer to help you navigate the system and protect your future.

DUI investigations by law enforcement typically commence in one of two scenarios. First, a law enforcement officer may initiate a traffic stop if a driver commits a traffic violation, such as exceeding the speed limit, disregarding a red light or stop sign, weaving between lanes, or neglecting to use a turn signal. During this interaction, the officer will meticulously observe for any objective indicators that might suggest intoxication, including the distinct odor of alcohol, slurred speech patterns, and watery or bloodshot eyes.

Second, drivers may encounter law enforcement at DUI checkpoints, which have become an increasingly prevalent strategy throughout Southern California. These checkpoints are subject to strict operational guidelines established by both the United States Supreme Court and the California Supreme Court. Supervising officers bear the responsibility of making critical decisions regarding the location and timing of these checkpoints, and the law enforcement personnel operating the checkpoint must adhere to specific, legally mandated procedures. These safeguards include the presence of warning signs, adequate lighting, clearly identifiable police vehicles, and the implementation of measures to minimize intrusion upon motorists. Should law enforcement officers fail to comply with these legal prerequisites, a skilled defense attorney can challenge the legality of the initial stop. If the court determines that the stop was unlawful, any evidence obtained as a result may be deemed inadmissible, potentially leading to the dismissal of the DUI charges.

Once a law enforcement officer observes what are termed “objective signs of intoxication,” a standard DUI investigation typically ensues. The officer will likely request the driver to exit the vehicle to perform a series of Field Sobriety Tests (FSTs). While law enforcement officers often present FSTs as definitive and scientifically accurate indicators of impairment, it is important to recognize that these tests are susceptible to various factors, including human error in administration and interpretation, prevailing environmental conditions, and the driver’s individual physical or medical limitations.

Commonly administered FSTs include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. The officer may also request the driver to provide a breath sample into a preliminary alcohol screening (PAS) device. The PAS device provides a numerical reading of the driver’s Blood Alcohol Content (BAC), but this reading is considered preliminary and not always entirely precise. Law enforcement officers frequently fail to inform drivers that participation in FSTs and the PAS test (before a formal arrest) is voluntary. However, once a driver is placed under arrest for DUI, California’s implied consent law mandates that the driver submit to a chemical test of their breath, blood, or urine (particularly when drug impairment is suspected). Refusal to submit to a post-arrest chemical test carries severe penalties imposed by both the criminal court and the California Department of Motor Vehicles (DMV).

If, based on the observations and investigation, the law enforcement officer develops probable cause to believe that the driver is operating a vehicle under the influence of alcohol or drugs, the officer will place the driver under arrest. The most common misdemeanor DUI charges are filed under California Vehicle Code Section 23152(a), which prohibits driving while under the influence of alcohol, and Section 23152(b), which prohibits driving with a BAC of 0.08% or higher. In situations where a traffic accident has occurred and resulted in injury to another person, the DUI charges may be elevated to a felony offense under Vehicle Code Section 23153. Furthermore, additional penalty enhancements may be applied if the driver has prior DUI convictions within ten years, refuses to submit to the mandatory chemical test after arrest, or has an exceptionally high BAC (typically 0.15% or higher, as codified in Vehicle Code 23578 VC). Driving under the influence with a minor under 14 years of age in the vehicle also triggers additional penalties under Vehicle Code 23572 VC, including mandatory jail time enhancements.

While DUI offenses are most frequently prosecuted under the California Vehicle Code, certain circumstances can lead to additional penalties and enhancements found within the California Penal Code. For instance, if a DUI incident results in great bodily injury to another individual, prosecutors may seek to add a sentence enhancement under Penal Code Section 12022.7. This section mandates additional imprisonment for inflicting great bodily injury during the commission of a felony. In the context of a DUI causing such injury, this enhancement can significantly increase the potential penalties. Moreover, if a DUI results in a fatality, the driver could face more severe charges, such as vehicular manslaughter under Penal Code Section 191.5, which carries much harsher penalties than a standard DUI. These examples underscore the complexity that DUI cases can quickly attain and highlight the critical importance of possessing detailed legal knowledge when navigating such charges.

In California, standardized jury instructions, known as CALCRIM (California Criminal Jury Instructions), are utilized in all criminal trials, including DUI cases. These instructions serve as a guide for jurors, outlining the specific elements that the prosecution must prove to establish guilt for each offense, explaining the legal concept of the burden of proof, and providing direction on how to properly evaluate the evidence presented during the trial. For a misdemeanor DUI charge under Vehicle Code Sections 23152(a) (driving under the influence of alcohol) and 23152(b) (driving with a BAC of 0.08% or higher), the jury instructions typically include CALCRIM 2110, titled "Driving Under the Influence of Alcohol," and CALCRIM 2111, titled "Driving With a 0.08% Blood Alcohol Level."

• CALCRIM 2110 specifically instructs the jury that, to find a defendant guilty of driving under the influence of alcohol, the prosecution bears the responsibility of proving two essential elements beyond a reasonable doubt: first, that the defendant drove a vehicle, and second, that the defendant was under the influence of an alcoholic beverage at the time of driving. The instruction further clarifies that "under the influence" means that the defendant's mental or physical abilities were so impaired that they could no longer drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.
• CALCRIM 2111 similarly requires the prosecution to prove two elements beyond a reasonable doubt to secure a conviction for driving with a BAC of 0.08% or higher: first, that the defendant drove a vehicle, and second, that the defendant’s BAC was 0.08% or more by weight at the time of driving. This instruction often involves scientific evidence related to blood or breath tests and the analysis thereof.

Beyond these primary DUI instructions, other CALCRIM instructions may become relevant depending on the specific circumstances of the case. For example, if the defendant has prior DUI convictions, CALCRIM 2126, "Driving Under the Influence or With 0.08 or 0.04 Percent Blood Alcohol: Prior Convictions - Bifurcated Trial," may be used to instruct the jury on how to consider those prior convictions if they are admitted as evidence.

If there are allegations of DUI causing injury, instructions related to Vehicle Code Section 23153 would be provided, detailing the elements of that offense, including the requirement to prove that the defendant's intoxicated driving caused bodily injury to another person.

Furthermore, CALCRIM 3250, "Enhancement, Sentencing Factor, or Specific Factual Issue: Template," provides a framework for instructing the jury on any alleged enhancements, such as those for high BAC or refusal to submit to a chemical test.

The sentencing phase of a DUI case in California is characterized by significant variability, depending on several key factors, including whether the conviction is for a first, second, third, or subsequent offense, and whether the DUI was charged as a misdemeanor or a felony due to the occurrence of injury or the existence of multiple prior convictions within ten years. Even for a first-time misdemeanor DUI conviction, courts retain the discretion to impose a range of penalties:

• Probation: A period of informal (summary) probation typically lasting between three to five years is commonly mandated.
• Fines: Monetary fines can range from $390 to $1,000, but this base fine is often significantly increased by substantial penalty assessments, which can result in a total financial obligation of several thousand dollars.
• DUI Education Programs: Mandatory participation in DUI education programs is a standard condition of sentencing. These programs vary in length from three to nine months, depending on the specific circumstances of the offense and the county where the conviction occurs.
• Jail Time: While not always imposed for a first-time misdemeanor DUI, a jail sentence is a possibility, ranging from a minimum of 48 hours to a maximum of six months. However, many courts offer alternative sentencing options, such as community labor, work release programs, or electronic monitoring, which may be available to eligible defendants.
• Driver's License Suspension: A first DUI conviction typically results in a six-month suspension of the driver's license. However, in many cases, it may be possible to obtain a restricted license allowing driving to and from work, school, and DUI education programs or to install an ignition interlock device (IID) to maintain driving privileges.

For subsequent DUI convictions within ten years, the potential penalties escalate significantly. A second DUI offense may lead to longer jail sentences, extended DUI education classes (typically 18 months or more), higher fines, and a longer driver’s license suspension, often lasting for two years. A third DUI conviction carries even more severe consequences, including potentially longer periods of incarceration and driver's license revocation. Felony DUI convictions, which typically arise in cases involving injury to another person or four or more prior DUI convictions, can result in imprisonment in state prison, substantial fines, and lengthy revocation of driving privileges.

Judges also take into account various aggravating factors when determining an appropriate sentence. These factors can include circumstances such as excessive speeding at the time of the DUI stop, having a very high BAC (typically 0.15% or higher), or driving with a minor under the age of 14 in the vehicle. Furthermore, as previously mentioned, a refusal to submit to the legally required chemical test after a DUI arrest triggers a mandatory one-year suspension of the driver’s license by the DMV and can lead to additional penalties imposed by the court.

Anyone arrested or formally charged with a DUI offense in Southern California faces critical decisions regarding their legal representation. While some individuals may consider utilizing the services of a public defender, it is important to recognize that public defenders often manage extremely high caseloads with limited resources and are typically unable to represent clients in the separate administrative hearing conducted by the DMV. Representing oneself in a DUI case is also an exceptionally risky undertaking, given the intricate nature of DUI law and the potentially severe consequences at stake.

Retaining a private criminal defense attorney, particularly one who possesses prior experience as a prosecutor, can provide a significant advantage. A former prosecutor is uniquely positioned to assess thoroughly both the strengths and the weaknesses of the government’s case against you. Their prior experience provides them with an in-depth understanding of how the prosecution will likely present its evidence and allows them to anticipate the legal arguments that will be advanced. These attorneys often have established professional relationships with local judges, court staff, and law enforcement officers involved in DUI cases, which can be invaluable when negotiating potential plea agreements or litigating pre-trial motions.

A frequently overlooked yet critically important aspect of a DUI case in California is the administrative hearing conducted by the Department of Motor Vehicles (DMV). When an individual is arrested for DUI, the arresting officer will typically confiscate the driver’s license and issue a document known as a “Suspension Order and Temporary License.” This temporary license grants the individual driving privileges for 30 days following the arrest. The formal suspension of the driver’s license will automatically take effect after these 30 days have elapsed unless the driver or their attorney proactively requests a DMV hearing within ten days of the date of the arrest.

Unlike a criminal court proceeding, a DMV hearing does not involve a judge or a jury. Instead, a DMV hearing officer presides over the hearing, and the scope of the issues considered is more limited. The primary issues to be determined at a DMV hearing are:

• Whether the law enforcement officer had reasonable cause to believe that the individual was driving a vehicle while under the influence of alcohol or drugs.
• Whether the individual was lawfully arrested for the DUI offense.
• whether the individual’s Blood Alcohol Content (BAC) was 0.08% or higher at the time of driving.

A skilled and experienced DUI defense attorney will often request an in-person hearing rather than a telephonic hearing. An in-person hearing provides a crucial opportunity to cross-examine the arresting law enforcement officer directly and to present witnesses on the driver’s behalf. Because the prosecuting attorney from the District Attorney’s Office is typically not present at the DMV hearing, the cross-examination of the arresting officer can yield valuable testimony and admissions that may later prove beneficial in the related criminal court case.

The arraignment typically marks the first formal court appearance in a DUI case. At this stage of the legal process, the prosecuting attorney formally files the criminal charges against the defendant and provides the defendant or their attorney with a copy of the criminal complaint, along with any initial discovery materials that are available, such as the police reports documenting the arrest and the results of any chemical tests that were administered. If an individual is facing misdemeanor DUI charges in California, their private defense attorney can often appear in court on their behalf without requiring the defendant to be personally present. During the arraignment hearing, it is standard practice for the defense attorney to enter a plea of “not guilty” to the charges. Subsequently, the court will schedule future dates for pre-trial hearings and potentially set a date for a jury trial if the case proceeds that far.

Following the arraignment, the defense attorney will have an opportunity to thoroughly review the prosecution’s discovery evidence, conduct interviews with potential witnesses, consult with expert witnesses if necessary to the case (for example, experts in forensic toxicology or accident reconstruction), and prepare and file any appropriate pre-trial motions. These motions can serve various critical purposes, such as challenging the legality of the initial traffic stop or DUI checkpoint, contesting the validity of the arrest itself, questioning the procedures followed during the administration of any chemical tests (such as breath, blood, or urine tests), or raising concerns about how the Field Sobriety Tests were administered and evaluated. If the defense attorney files a motion to suppress evidence and is successful in convincing the court that certain key pieces of evidence were obtained in violation of the defendant’s constitutional rights or due to procedural errors, the court may order that this evidence be excluded from the case. The exclusion of critical evidence can significantly weaken the prosecution’s case and may ultimately lead to a dismissal of the charges or result in a more favorable plea agreement being offered by the prosecutor.

Prosecutors also frequently re-evaluate the strengths and weaknesses of their case as it progresses through the pre-trial stage. If the defense attorney can effectively highlight significant procedural or factual flaws in the prosecution’s case, the prosecutor may become more willing to negotiate a resolution, such as reducing the DUI charges to a less serious offense (for instance, to reckless driving under Vehicle Code Section 23103, which is sometimes colloquially referred to as a “wet reckless”) or offering a more lenient sentence than they might have initially sought.

While only a relatively small percentage of DUI cases ultimately proceed to a full jury trial, when they do, both the prosecution and the defense have the opportunity to present evidence and witness testimony to a panel of 12 jurors. In a criminal trial, the prosecution bears the fundamental burden of proving the defendant’s guilt beyond a reasonable doubt. During a DUI jury trial, the defense attorney will rigorously cross-examine the arresting law enforcement officers, challenge the accuracy and reliability of any breath or blood test results that were obtained, and present affirmative evidence that supports the defendant’s version of events and their claim of innocence. Criminal defense attorneys who possess prior experience as prosecutors can be particularly effective in DUI jury trials because their background provides them with a deep understanding of how law enforcement agencies and the District Attorney’s Office typically investigate and assemble DUI cases. The defense may also choose to call expert witnesses to testify about potential shortcomings or margins of error in chemical testing procedures or to address the reliability and validity of the Field Sobriety Tests that were administered.

If, after considering all of the evidence and testimony presented, all 12 jurors unanimously agree that the prosecution has not met its burden of proving guilt beyond a reasonable doubt, the jury will return a verdict of not guilty, and the defendant will be acquitted of the charges. However, if the jurors are unable to reach a unanimous agreement, with some jurors believing that the defendant is not guilty while others disagree, the result may be a hung jury. In a hung jury scenario, the defense attorney will often make a motion to the court requesting that the charges be dismissed. While the judge has the discretion to grant this motion, the prosecutor also has the option to request a retrial of the case before a new jury. Even if a jury finds the defendant guilty of the DUI charges, the defense attorney still retains the right to file post-trial motions seeking to overturn the jury’s verdict if there are valid legal grounds to do so, such as errors in the trial proceedings or insufficient evidence to support the conviction.

If a defendant is acquitted of the DUI charges, the defense attorney can initiate the legal process of expunging or sealing the records of the arrest and court proceedings, when appropriate under California law. Notification of the acquittal is also typically provided to the DMV so that any administrative actions related to the driver’s license suspension can be resolved, and proof of the court’s findings may be forwarded to insurance carriers and employers if necessary to clear the individual’s record.

Conversely, if the jury returns a verdict of guilty, the court will typically proceed to impose a sentence that includes mandatory DUI education classes, monetary fines, a period of probation, potential jail time, and other conditions as mandated by California’s sentencing laws for DUI offenses. In this situation, the defense attorney continues to play a crucial role in providing support and guidance to the client through any post-conviction requirements. This may include ensuring that the terms and conditions of probation are clearly understood and that any additional hearings, documentation, or compliance requirements are handled properly and on time. The defense attorney may also assist the client in exploring options for appeal or other post-conviction relief if there are legal grounds to pursue such actions.

Given the potentially severe and far-reaching consequences associated with a DUI conviction—including the potential loss of driving privileges, jail time, the creation of a criminal record, significant increases in insurance rates, and challenges in securing or maintaining employment—it is of paramount importance to seek qualified and experienced legal representation at Kraut Law Group Criminal & DUI Lawyers as soon as possible if you have been arrested for or charged with a DUI in Southern California.

An experienced DUI defense attorney who has a proven track record of success in the Southern California courts possesses the critical knowledge and skills necessary to thoroughly investigate the circumstances of your arrest, identify any procedural defects or violations of your rights that may have occurred during the traffic stop, investigation, or arrest, effectively combat inaccurate or unreliable breath or blood test results, and skillfully negotiate with the prosecution or vigorously litigate your case at trial to obtain the best possible outcome.

For individuals seeking more detailed information about the various legal defenses that may be available in a DUI case or to schedule a free and confidential consultation to discuss their specific situation, contacting a reputable and experienced DUI defense attorney is a crucial first step. Having a dedicated and knowledgeable legal advocate on your side from the outset of your case can truly mean the difference between a dismissal of the charges or a reduction to a less serious offense and the potentially devastating and long-lasting consequences of a DUI conviction. The sooner you contact us to secure qualified legal representation, the better your chances of protecting both your legal rights and your future.