Los Angeles DUI Center

Driving Under the Influence (DUI) remains one of the most commonly charged offenses in Los Angeles. Law enforcement agencies have ramped up their monitoring efforts through targeted patrols and routine checkpoint operations, often resulting in more arrests. Even a first offense can lead to serious criminal charges, a driver’s license suspension, and collateral consequences that can affect your professional and personal life. Anyone arrested for DUI should consult an experienced and knowledgeable Los Angeles DUI attorney immediately to protect their rights and plan a strategic defense.

The complexities of DUI law in California require a defense attorney with thorough legal knowledge and the ability to navigate the local court system. Michael Kraut, who practices DUI defense in Los Angeles, offers this level of focused representation. Mr. Kraut is a graduate of Cornell University and studied at Harvard Law School, and he served as a Deputy District Attorney for 14 years with the Los Angeles County District Attorney’s Office. During his time as a prosecutor, he handled countless DUI cases from the government’s perspective. He opened his practice to ensure that individuals charged with DUI receive effective legal defense aimed at minimizing or dismissing the charges they face.

Most DUI cases begin when a police officer observes a driver committing a traffic violation. This violation might involve something as minor as a malfunctioning taillight or a broken headlight. An officer can only pull over a vehicle if there is reasonable or probable cause to believe a law has been violated. The primary exception involves DUI checkpoints, where officers can detain drivers briefly without a specific reason for suspicion to see if they are impaired by alcohol or drugs.

After an officer initiates a traffic stop, the driver will often be questioned. The officer looks for signs of intoxication such as an odor of alcohol, slurred speech, or bloodshot eyes. If the officer suspects impairment, the driver may be asked to step out of the vehicle and perform field sobriety tests. These tests measure a driver’s balance, coordination, memory, and ability to follow instructions. The officer may also request a preliminary alcohol screening (PAS) with a handheld breath test device. This PAS test is generally optional for drivers over 21 who are not on probation for a DUI but is mandatory for drivers under 21 or those currently on DUI probation.

When the officer determines that there is probable cause to believe the driver is under the influence, an arrest typically follows. The driver will be taken into custody and asked to submit to a chemical test of either their breath or blood. Under California’s implied consent law, found in the Vehicle Code, drivers who refuse to submit to a chemical test face additional penalties, including enhanced jail sentences and a one-year driver’s license suspension without eligibility for a restricted license. The legal foundation for these charges often falls under California Vehicle Code Section 23152(a) VC, which covers driving under the influence of alcohol, and the refusal allegation can add significant sentencing consequences.

For those who choose a breath test, the procedure often takes place at the police station with a calibrated Breathalyzer. Breath test results are available immediately. If the driver opts for a blood test, they will be taken to a hospital or lab where a qualified medical professional draws blood. Blood tests are generally required in suspected DUI drug cases because breath tests currently do not measure narcotics or other controlled substances. Blood test results usually take several weeks to be processed by a crime lab.

After an arrest, the case is handed over to the local prosecutor’s office for potential charges. In many cases, both California Vehicle Code Section 23152(a) (driving under the influence of alcohol) and Section 23152(b) (driving with a blood alcohol concentration of 0.08 percent or above) are filed. These two charges give the prosecutor separate theories of guilt: proving a person was under the influence to the point of impairment and proving that the person had a prohibited blood alcohol level at or above 0.08 percent. Early intervention by a DUI attorney can be critical in the prefiling stage because it may be possible to present exculpatory or mitigating evidence to the prosecution before any formal charges are made.

An increasing number of DUI arrests involve suspected drug use. Under California Vehicle Code Section 23152(f), it is illegal to drive while under the influence of any drug, whether it is an illegal substance such as methamphetamine or cocaine or a lawfully prescribed medication like Vicodin, Xanax, or Ambien. Having a prescription is not a valid defense if the substance impairs a person’s ability to operate a vehicle safely. Since California legalized recreational marijuana, law enforcement has been vigilant in arresting drivers suspected of driving under the influence of marijuana. Because there is no universally accepted breath test to detect marijuana, law enforcement typically relies on blood tests, drug recognition experts, and the driver’s field sobriety test performance.

Several provisions of the California Penal Code can affect DUI cases. A common one is Penal Code Section 1538.5, which allows the defense to challenge the legality of a traffic stop or search via a motion to suppress evidence. If successful, the suppressed evidence cannot be used against the defendant, which often compels prosecutors to drop or significantly reduce charges.

Penal Code provisions also come into play when enhancing sentences or establishing sentencing guidelines, especially when there are prior convictions or alleged aggravating factors such as high blood alcohol content, refusal of testing, or causing injury. In certain DUI cases involving injuries to others, a defendant may face additional charges that can be filed under Penal Code Section 12022.7 if great bodily injury is alleged. Understanding each relevant Penal Code section ensures that every possible defense is explored and that any illegally obtained or improperly handled evidence is challenged.

When a DUI case goes to trial, the court relies on standardized jury instructions to explain the applicable laws to the jury. These instructions, known as CALCRIM (California Criminal Jury Instructions), include CALCRIM 2110 for a basic DUI charge. CALCRIM 2110 spells out the elements the prosecution must prove, including that the defendant drove a vehicle and was under the influence of alcohol or a drug at the time of driving. Under CALCRIM 2110, being “under the influence” means your physical or mental abilities are so impaired that you can no longer drive with the caution characteristic of a sober person under similar circumstances. Defense counsel will analyze how the officer administered field sobriety tests, chemical tests, and other investigative procedures to determine whether the prosecution can meet its burden of proof.

Strong defenses can be made by challenging the legality of the traffic stop, the reliability of the breath or blood test results, or the qualifications of the officer administering certain tests. If the officer lacked reasonable suspicion to stop the vehicle in the first place, any evidence obtained thereafter may be suppressed under Penal Code Section 1538.5. Defense counsel can also scrutinize whether the field sobriety tests were administered under proper conditions and whether the Breathalyzer or blood sample was handled in compliance with Title 17 regulations, which set forth standards for testing accuracy in California.

Another potential defense involves rising blood alcohol. When there is a significant delay between the time of the stop and when the breath or blood test is given, a defendant’s blood alcohol concentration could be higher during testing than it was while driving. This discrepancy may create reasonable doubt that the defendant was at or above the legal limit at the actual time of driving.

When the prosecution’s evidence seems stronger, negotiations for a reduced charge are sometimes possible. These may include wet reckless under Vehicle Code Section 23103/23103.5, reckless driving (23103 VC), or exhibition of speed (23109(c) VC). A wet reckless conviction often carries fewer penalties than a DUI and may lessen the impact on a defendant’s criminal record.

DUI sentencing varies based on whether it is a first offense, whether there are prior DUI convictions on the defendant’s record, and whether aggravating factors exist. For a first DUI offense, the court can impose jail time of up to six months, fines ranging from $390 to $1,000 (plus substantial penalty assessments), a mandatory DUI education program for three, six, or nine months, and a license suspension of up to six months. Defendants can often be granted probation instead of serving the maximum jail time, but violations of probation can lead to stricter penalties.

When there is a prior DUI conviction within ten years, the penalties increase. A second DUI may require a minimum of 96 hours in jail (though judges can impose more time), higher fines, and an 18- or 30-month DUI education program. A third DUI carries an even longer mandatory minimum jail sentence. A fourth DUI within ten years may be charged as a felony, with a potential state prison sentence.

If the DUI arrest involved a collision that caused injury, the prosecution may file charges under Vehicle Code Section 23153, known as DUI causing injury. This offense can be charged as a misdemeanor or felony depending on the severity of the injuries and whether there are priors. A felony DUI conviction can expose defendants to state prison time and may come with sentencing enhancements, including those for great bodily injury under Penal Code Section 12022.7.

Beyond criminal penalties, a DUI conviction can affect professional licenses, immigration status, and background checks. Doctors, nurses, teachers, attorneys, real estate agents, and others holding specialized licenses may face disciplinary proceedings with their respective licensing boards. Individuals applying for professional licenses in the future may also encounter difficulties. If the DUI occurred in a company vehicle or required the use of a special driver’s license, such as a commercial license, the impact can be career-altering.

The defendant’s driver’s license is also subject to administrative suspension by the Department of Motor Vehicles (DMV). This administrative suspension is separate from any criminal court suspension. Defendants have only ten days from the date of their arrest to request a DMV administrative hearing to challenge this suspension. If successful, the defendant may avoid or reduce this administrative penalty. Failure to request a hearing means the automatic suspension goes into effect, even if the defendant eventually prevails in court.

Because of the severity of DUI penalties, it is vital to work with an attorney who can take a case to trial if necessary. Michael Kraut has the trial experience and professional reputation needed to mount a strong defense. As a former prosecutor, he knows how law enforcement investigates DUIs and how the District Attorney’s Office prepares these cases. His background allows him to build a strategy aimed at undermining the state’s case or negotiating a favorable plea arrangement when the evidence is weaker.

Consulting a top-rated DUI lawyer immediately after arrest ensures you have an advocate who will protect your constitutional rights, assess the legality of the stop and arrest, and fight for the best possible outcome. Every detail matters, from scrutinizing the police report to evaluating the testing methods and investigating any officer misconduct. The more quickly you seek representation, the more effectively your attorney can begin shaping your defense.

If you have been arrested for or charged with Driving Under the Influence in Los Angeles, time is of the essence. Protect your rights by consulting an attorney who understands the local court system, the intricacies of DUI science, and the tactics used by prosecutors. Michael Kraut, a former Deputy District Attorney, draws on more than 14 years of prosecutorial experience, extensive knowledge of DUI law, and a track record of outstanding advocacy. He is respected by judges, prosecutors, and law enforcement officers, and he works tirelessly to defend each client’s future.

Early intervention can make a substantial difference when facing DUI charges. To learn more or schedule a free consultation, contact the Kraut Law Group Criminal & DUI Lawyers day or night. You can also reach out through the firm’s online contact form for prompt assistance. Taking swift action may help you protect your driver’s license, your reputation, and your peace of mind. Although facing a DUI charge is stressful, you do not have to face it alone. Effective legal representation can significantly increase your chances of resolving the matter with the least possible disruption to your life. Call us at (323) 464-6453 or (888) 334-6344 or use our online form.