DUI & DWI attorneys in California

California prosecutes impaired driving on two separate theories in the same complaint: driving with a blood alcohol concentration of 0.08 percent or more, and driving while actually under the influence. The second theory needs no particular number, which is why a below-limit result does not end a case and why the defense strategy differs sharply depending on which count carries the prosecution's weight.

The feature that surprises most people is that a California DUI arrest starts two proceedings, not one. The criminal case moves through the superior court in the county of arrest. Separately, the DMV opens an Administrative Per Se action against the license, and the window to request a hearing is short, running from the date the notice is served at arrest. Missing that window forfeits the hearing, and the suspension takes effect regardless of what later happens in court.

Chemical testing is governed by implied consent. Once an arrest is lawful, the driver has already consented as a condition of licensing, and a refusal carries an automatic one-year suspension with no restricted option, permits the prosecution to argue consciousness of guilt to the jury, and adds a mandatory enhancement on conviction. The preliminary handheld device offered before arrest is a different instrument with different rules, and is generally optional for adults not on DUI probation.

Sentencing exposure escalates on a ten-year lookback, and a fourth offense within that period may be charged as a felony. Ignition interlock requirements, alcohol-education programs of varying length, and probation conditions attach at conviction. California probation commonly includes a term requiring submission to chemical testing on demand, which changes the refusal analysis entirely for anyone already on probation.

Two California-specific mechanics matter in negotiation. Restitution beyond the charge of conviction can be agreed to through a stipulation permitting the court to consider dismissed counts at sentencing, which frequently unlocks a reduced disposition. And where a DUI causes injury or death, the charging picture changes qualitatively, because prior DUI convictions carrying an advisement about the dangers of drunk driving can support a murder theory in a subsequent fatal case.

The practical consequence for anyone arrested is that the two clocks run at different speeds. The DMV deadline arrives long before the first court date, and the decisions made in the first ten days often constrain everything available afterward.