Los Angeles Alcohol Crimes – Frequently Asked Questions

• DUI (Driving Under the Influence) (Vehicle Code § 23152): Operating a vehicle with a blood alcohol concentration (BAC) of .08% or higher, or under the influence of alcohol or drugs.
• Underage Possession/Consumption (Business & Professions Code § 25662): Persons under 21 found in possession of alcohol or who have consumed any amount.
• Furnishing Alcohol to Minors (Business & Professions Code § 25658): Providing alcohol to someone under 21.
• Public Intoxication (Penal Code § 647(f)): Disorderly conduct while under public influence creates a risk to self or others.
• Open Container Violations (Vehicle Code § 23222): Possession of an open alcohol container in the passenger area of a vehicle.
• Commercial DUI (Vehicle Code § 23152(b)): Operating a commercial vehicle with a BAC of .04% or higher.
• DUI Causing Injury or Death (Vehicle Code §§ 23153, 23558): DUI collisions resulting in bodily injury or death, which are felonies.

Yes. As a condition of release on your recognizance (“OR release”), the court can impose reasonable terms to ensure public safety and your well‐being. Common alcohol‐related conditions include:

• Abstinence Orders: Prohibits all alcohol consumption until case resolution.
• SCRAM Monitoring: A Secure Continuous Remote Alcohol Monitor worn as an anklet to detect alcohol through the skin. Violations are automatically reported.
• AA or Treatment Programs: Mandatory attendance at Alcoholics Anonymous or enrollment in a county‐approved treatment program.
• Ignition Interlock Devices: For repeat offenders or high‐BAC cases, the court may require installation of an IID that prevents a vehicle from starting if alcohol is detected on the driver’s breath.

Judges have broad discretion under California’s bail and release statutes (Penal Code §§ 1270–1276) to set these conditions based on your criminal history, nature of the charges, and public safety concerns.

• Voluntary Intoxication: Consuming alcohol of your own accord. Under California law, voluntary intoxication is not a defense to alcohol‐related crimes, including DUI or public intoxication. You are presumed responsible for any criminal acts while intoxicated.
• Involuntary Intoxication: Occurs when alcohol or drugs are ingested without your knowledge or under coercion. Proving involuntary intoxication may negate the “willful” component of certain offenses and could lead to reduced charges or dismissal.

Under California’s Implied Consent Law (Vehicle Code § 23612), you consent to a breath or blood test if lawfully arrested for DUI by driving on California roads. A refusal carries automatic administrative and criminal penalties:

• License Suspension: The DMV will impose an immediate suspension, typically six months for a first refusal, up to two years for subsequent refusals. To challenge the suspension, you can request a DMV “administrative per se” (APS) hearing within 10 days.
• Enhanced Penalties: Refusal can be used against you in court for sentencing enhancements, potentially increasing fines, jail time, and probation length.
• Ignition Interlock: Even without a finding of guilt, you may be required to install an IID to regain driving privileges.

An experienced attorney can challenge the legality of the traffic stop, arrest procedures, or test administration to fight both the criminal charge and the DMV suspension.

Beyond jail, fines, and probation, convictions trigger a range of collateral consequences that may last for years:

• Driver’s License Impact: Mandatory suspensions or revocations, with possible installation of ignition interlock devices upon reinstatement.
• Increased Insurance Rates: DUI convictions often result in SR-22 requirements and skyrocketing premiums.
• Employment Risks: Many professions—including healthcare providers, pilots, real estate agents, and attorneys—must report alcohol‐related convictions to licensing boards. Disciplinary actions can include suspension or revocation of professional licenses.
• Educational and Housing: Convictions can affect university disciplinary proceedings, scholarship eligibility, and background checks by landlords.
• Immigration Consequences: Non‐citizens may face visa denial, deportation proceedings, or inadmissibility based on certain criminal convictions.

First DUI (VC § 23152):

• Jail Time: Up to 6 months in county jail
• Fines & Fees: $390–$1,000+
• Probation: 3–5 years
• Treatment/Classes: 3–9 months DUI school
• License Suspension: 4 months

Second DUI (within 10 years):

• Jail Time: 96 hours to 1 year
• Fines & Fees: $390–$1,000+
• Probation: 3–5 years
• Treatment/Classes: 18–30 months DUI school
• License Suspension: 2 years

Third DUI (within 10 years):

• Jail Time: 120 days to 1 year
• Fines & Fees: $390–$1,000+
• Probation: 3–5 years
• Treatment/Classes: 30 months DUI school
• License Suspension: 3 years

Note: Penalties increase significantly with aggravating factors—high BAC (.15 %+), minors in vehicle, or DUI causing injury/death.

• DUI Causing Injury (VC § 23153): A felony punishable by 16 months, 2 years, or 3 years in state prison, plus restitution, fines up to $5,000, and five years of probation.
• Vehicular Manslaughter While Intoxicated (VC § 191.5(b)): Felony with 2–4 years in prison.
• Gross Vehicular Manslaughter While Intoxicated (VC § 191.5(a)): Felony carrying 4–10 years in state prison.

Penalties are elevated when the collision involves serious bodily injury or death. Felony convictions carry state prison time and a permanent criminal record.

California law provides alternatives aimed at rehabilitation rather than incarceration:

• Proposition 36 (PC 1210–1225): Eligible first‐time, non‐violent drug offenders (including alcohol) may enter a probation program with drug/alcohol treatment instead of jail.
• Deferred Entry of Judgment (DEJ) (PC 1000): For DUI cases involving drugs, certain first‐time offenders may complete treatment and probation to dismiss charges.
• Felony Military Diversion (PC 1170.9): In some counties, qualified felony DUI offenders who suffer from a medical or mental health condition caused by their military service can avoid prison by completing treatment, community service, and restitution.

Your eligibility depends on criminal history, BAC level, and specific case facts.

• DMV Hearing (“APS” Hearing): This hearing must be requested within 10 days of arrest to contest license suspension and held separate from the criminal case, with lower evidentiary standards.
• Criminal Court: Prosecution under Vehicle Code § 23152 or related statutes. You can challenge the stop, field sobriety tests, breath/blood test calibration, and officer conduct.

Successful challenges in criminal court do not automatically undo DMV suspensions, and vice versa. You need skilled representation in both forums.

• Remain Silent: Exercise your right to remain silent and request an attorney. Anything you say can and will be used against you.
• Document Everything: Note officer names, badge numbers, and traffic stop or arrest details.
• Request DMV Hearing: File within 10 days to preserve your license rights.
• Contact an Attorney Right Away: Early intervention allows your lawyer to gather evidence, interview witnesses, and challenge procedural flaws.

• Voluntary Intoxication: Consuming alcohol of your own accord. Under California law, voluntary intoxication is not a defense to alcohol‐related crimes, including DUI or public intoxication. You are presumed responsible for any criminal acts while intoxicated.
• Involuntary Intoxication: Occurs when alcohol or drugs are ingested without your knowledge or under coercion. Proving involuntary intoxication may negate the “willful” component of certain offenses and could lead to reduced charges or dismissal.