DUI Law

Los Angeles is known for its vibrant nightlife and sprawling streets, but the same factors that make the city so dynamic can also lead to an increased number of driving under the influence (DUI) arrests. Anyone facing DUI charges in Los Angeles is immediately confronted with complex legal processes, significant potential penalties, and lasting consequences. Understanding the relevant laws, defenses, and procedures is critical for anyone charged with a DUI. This page explains California’s DUI laws, including the statutes found in the California Vehicle Code and the Penal Code. Get in touch with a skilled DUI lawyer to discuss common jury instructions and to provide an overview of the sentencing considerations that may apply in your Los Angeles DUI case.

Driving under the influence can be charged in multiple ways in California. Most commonly, the prosecution files charges under California Vehicle Code Section 23152(a) and Section 23152(b).

• Section 23152(a) is the “impairment” charge, alleging that a driver’s physical or mental abilities were so impaired by alcohol that the driver could not operate a motor vehicle with the caution of a sober person.
• Section 23152(b) is the “per se” DUI charge, which does not focus on driving conduct but rather on the person’s blood alcohol concentration (BAC). If the BAC is 0.08 percent or higher, the law presumes that the driver was under the influence, regardless of actual impairment.
• Section 23152(f) makes it unlawful to drive under the influence of any drug, whether that drug is legal, illegal, or prescribed. Drivers under the combined influence of alcohol and drugs can also face charges under
• Section 23152(g). The law does not limit itself to narcotics or specific medications, and prosecutors can use any evidence of impairment, including drug test results or observed driving conduct.

Refusal of a chemical test can further complicate matters. Although officers typically administer a breath or blood test, drivers who refuse to submit to these tests face separate allegations. A refusal can trigger enhanced penalties under California Vehicle Code Section 23577, including possible longer license suspensions and additional time in a DUI educational program.

Although most DUI laws are outlined in the California Vehicle Code, aspects of a DUI case can also be governed or enhanced by provisions within the California Penal Code. If an individual drives under the influence and causes bodily injury, the prosecution can charge violations under Penal Code sections related to battery or even more serious offenses, depending on the severity of the harm.

In extreme cases where a DUI leads to a fatality and the driver has a history of prior DUI convictions or a specific admonition about the risks of driving under the influence, the prosecution might pursue charges such as gross vehicular manslaughter (Penal Code Section 191.5(a)) or even second-degree murder under the so-called “Watson murder” rule. These are serious felony charges that carry substantial prison sentences.

Because DUI prosecutions can intersect with both the Vehicle Code and the Penal Code, it is essential to consult an attorney who understands the interplay between these statutes, the enhancements, and how they can impact sentencing.

When a DUI case goes to trial, jurors rely on standardized jury instructions. The California jury instructions relevant to DUI, known as CALCRIM instructions, provide guidelines for how jurors should assess the evidence presented. CALCRIM 2110 is often used for a basic DUI case, instructing jurors on how to evaluate whether a defendant was under the influence of alcohol. This instruction defines “under the influence” as a state in which a person’s mental or physical abilities are so impaired that the person can no longer drive with the caution characteristic of a sober individual.

For charges involving the per se limit of 0.08 percent, CALCRIM 2111 explains that the defendant is presumed to be under the influence if the blood alcohol concentration is 0.08 percent or more at the time of driving. This presumption is not absolute, and defendants may challenge the reliability of the chemical tests by questioning lab procedures, machine calibration, or the timing of the test.

CALCRIM 2117 applies to driving under the influence of drugs, explaining what the prosecution must prove to secure a conviction. The instruction addresses how impairment can be established without a specific numeric threshold, the way that alcohol-related DUIs use 0.08 percent as a benchmark. Evidence may come from observations of driving behavior, field sobriety test performance, and expert testimony. Combined alcohol and drug DUIs are similarly covered by specialized instructions explaining that jurors must determine whether the combined influence of alcohol and drugs impaired the defendant’s ability to drive.

An effective DUI defense begins long before a case ever reaches trial. The defense may challenge the traffic stop itself, arguing that law enforcement lacked the reasonable suspicion required to pull a driver over. If the stop was illegal, evidence collected afterward—including breath or blood test results—could be suppressed.

Another defense involves questioning the accuracy of the BAC readings. Breathalyzers can give flawed results if they are not maintained or calibrated properly. Similarly, blood tests can be contaminated if lab protocols are not followed. The defense might also argue that the BAC results do not reliably reflect the driver’s level at the time of driving because the body’s absorption or “rising blood alcohol” phenomenon could mean the BAC was lower while driving than later during testing.

Medical conditions can play a role in a DUI defense as well. Certain ailments or diets may give false positives on breath tests. People with diabetes or those following certain low-carbohydrate diets might produce acetone, which can register as alcohol. An attorney can bring in medical experts to highlight how these variables impact DUI test results.

Refusal cases add another layer of complexity. Police officers must properly advise drivers of the consequences of refusing a chemical test. If officers fail to give the correct admonitions or if the driver was physically unable to complete a test for medical reasons, an alleged refusal might be set aside in court.

Anyone convicted of a DUI in California can face penalties that include fines, probation, mandatory alcohol education, driver’s license suspensions, ignition interlock device (IID) requirements, and even time in county jail or state prison. The sentence depends on a range of factors, such as prior DUI convictions, whether someone was injured, and whether the defendant refused chemical testing. A typical first misdemeanor DUI without aggravating factors can involve:

• A minimum of 48 hours in jail or the possibility of alternative sentencing, such as work release or electronic monitoring.
• Fines and penalty assessments can total thousands of dollars.
• A mandatory DUI program ranging from three to nine months.
• A license suspension of at least six months, which may be converted to a restricted license if an IID is installed and other requirements are met.

Subsequent DUIs within ten years trigger enhanced penalties under California Vehicle Code Sections 23540, 23546, and related statutes. A second DUI can lead to longer jail sentences, lengthier DUI school, and higher fines. A third DUI carries even more serious penalties, including a possible designation as a habitual traffic offender.

When a DUI is charged as a felony—often due to the defendant having three or more prior DUI convictions within ten years or because the offense resulted in injury—courts may impose a prison sentence under California Vehicle Code Section 23550 or 23550.5. Felony DUI involving injury could lead to sentencing under California Vehicle Code Section 23153, which carries more significant prison terms, often managed through the Penal Code’s felony sentencing scheme. Felony DUI convictions also cause longer license revocations and can include mandatory restitution to victims.

Criminal court proceedings are only one aspect of a DUI case. The California Department of Motor Vehicles (DMV) runs an administrative process called an Administrative Per Se (APS) hearing. The DMV will automatically suspend a driver’s license 30 days after the arrest if the driver’s BAC was at least 0.08 percent, if the driver was under 21 years old with a 0.01 percent BAC, or if the driver refused a chemical test. To contest this suspension, the driver must request a DMV hearing within ten days of the arrest date.

The DMV hearing is conducted by a hearing officer who is not a judge or an attorney. Although the procedures are less formal than in a criminal court, the stakes remain high because losing this hearing can mean losing one’s driving privilege. Represented drivers can call witnesses, cross-examine law enforcement, and present evidence challenging the reliability of the tests or the validity of the arrest. Winning the hearing can allow a driver to keep a license or reduce the period of suspension. Even if the DMV hearing is lost, strategies may be available to obtain a restricted license to drive to work or school, particularly by installing an ignition interlock device and complying with other requirements.

The consequences of a DUI conviction are far-reaching. Beyond fines and potential jail time, a DUI on someone’s record can affect employment opportunities, insurance premiums, and professional licenses. Because of these serious implications, seeking counsel from a knowledgeable and experienced Los Angeles DUI attorney is essential. A thorough investigation into the circumstances of the arrest, the reliability of the tests, and the proper application of the relevant statutes can make all the difference in achieving a favorable outcome.

A skilled defense attorney can also negotiate with prosecutors. Depending on the case’s evidence, it might be possible to have the charges reduced to a lesser offense, such as reckless driving (“wet reckless” under Vehicle Code Section 23103.5), or to secure an arrangement with more lenient sentencing provisions. While not everyone qualifies for such a reduction, it can significantly lessen the long-term impact of a DUI conviction. An attorney well-versed in DUI defense strategies can assess if such an approach is likely in a specific situation.

DUI defense requires a detailed knowledge of criminal law, constitutional law, and the science behind chemical testing. Moreover, an attorney should understand not only the legal aspects of a case but also the emotional and personal toll a DUI arrest can take on someone’s life. In selecting a DUI attorney, it is advisable to look for someone with extensive experience in both prosecution and defense, if possible, as that background can provide valuable insight into how prosecutors approach a case. The goal is to find a lawyer who can guide the accused through every aspect of the DUI process, from the initial arraignment to the final resolution—whether that resolution is a dismissal, a negotiated plea, or a trial.

If you have been arrested for DUI in Los Angeles, speaking with a qualified and knowledgeable attorney should be your top priority. Acting quickly can protect your legal rights and driving privileges. At Kraut Law Group Criminal & DUI Lawyers, we can represent you at both the criminal proceedings and at your DMV hearing, building a cohesive defense strategy that addresses every aspect of the case. With the risk of jail time, hefty fines, license suspensions, and a criminal record on the line, having dedicated counsel is essential to preserving your future.

Los Angeles DUI Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience. With his comprehensive knowledge of California DUI laws and procedures, he thoroughly investigates cases and vigorously represents clients against DUI charges. Anyone charged with DUI can benefit from expert representation that meticulously challenges the prosecution’s evidence, from field sobriety tests to chemical test results.

When dealing with something as serious as a DUI arrest, there is no substitute for professional legal advice. For more information about Los Angeles DUI laws or to schedule a free consultation, contact Los Angeles DUI Lawyer Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Call 888-334-6344 or 323-464-6453 any time, day or night, to discuss your situation.