If you’ve been arrested for DUI in Los Angeles, the experienced DUI lawyer at My Rights Law is ready to fight for you and challenge the charges under California’s strict DUI laws. In Los Angeles, a DUI can lead to a driver's license suspension, jail time, and a lasting mark on your California criminal record. Even a misdemeanor DUI carries serious penalties. That’s why you need strong legal representation from a team that knows the law and how to defend your rights.
At My Rights Law, we bring years of experience in DUI defense throughout Los Angeles. We know how to challenge chemical tests, expose flaws in field sobriety test results, and protect your driving privileges. Our Los Angeles criminal defense attorney team works closely with you to build a defense that fits your case.
We understand how California DUI laws, criminal court, and DMV hearings work. Our lawyers are well-versed in the legal process, familiar with the judges, and knowledgeable about the law enforcement tactics employed in these cases. We’ve helped many clients reduce charges, win jury trials, and even avoid license suspension. Our goal is always to protect your future and fight for the best possible outcome.
As per California Vehicle Code §23152, it is against the law to drive while drunk or high. DUI charges apply when your Blood Alcohol Content (BAC) is 0.08% or higher for adults or any amount if you’re under 21 due to the zero-tolerance law. Operating a vehicle while impaired by drugs, such as marijuana, even without alcohol in your system.
DUI charges in Los Angeles fall into several categories:
Testing is done using breath tests, blood tests, or a Preliminary Alcohol Screening device. Refusing a BAC test under the implied consent law can lead to harsher penalties and automatic license suspension. Knowing the limits, laws, and your rights under California DUI Laws is the first step to building a strong defense.
After a DUI arrest in Los Angeles, the process starts quickly. The arresting officer will take you to the station, where you'll be booked and possibly held until release. You may be asked to take a blood alcohol sample or submit to chemical testing using blood alcohol measuring equipment.
You have only 10 days to request a Department of Motor Vehicles hearing to contest the revocation of your license. Missing this deadline could result in an automatic suspension, even before your court case begins.
Next, you’ll be given a date to appear in criminal court. This starts the formal legal system process, which may include court conferences, discussions about plea deals, or a jury trial. A skilled defense lawyer can challenge probable cause, the results of BAC test refusals, and any violations of California law. Your lawyer may also review surveillance camera footage, video evidence, or other investigative techniques to build your defense.
The California Drunk Driving Law says that if you are found guilty of DUI, you could face major criminal charges and punishments. For a first offense, you could face:
A second DUI comes with harsher jail terms, longer suspension, and mandatory treatment/education programs. A third DUI could bring extended jail time, longer interlock device ignition periods and even time in California prison.
Penalties may also include:
Our Los Angeles DUI defense lawyer team knows how to fight these penalties and pursue a possible plea bargain or case dismissal.
Certain situations can lead to tougher punishments under California VC 23152 and Vehicle Code 23153. These are called DUI enhancements. You could face more serious charges if:
If you have prior DUI convictions, your case may become a felony DUI. This is also true if someone was hurt or if your case involves white-collar crimes, possession of marijuana, or other theft-related charges or fraud-related charges.
The court may consider past domestic violence charges, restraining orders, or your history with the California Three Strikes law. We utilize advanced blood-alcohol science and expert criminal investigative techniques to combat the issue.
Not every DUI arrest under Vehicle Code Section 23152 results in a conviction. At My Rights Law, we use strong, proven defenses to challenge drunk driving offenses in Los Angeles. Every case is different, and we tailor your defense based on the facts.
Some possible defenses include:
We also review video evidence, surveillance, and test results. Whether your goal is a plea bargain, trial, or an expunged DUI, we know how to challenge weak cases and protect your rights.
After a DUI arrest, you face two separate legal tracks: the DMV hearing and the criminal court case. Both are important, and both can affect your future.
The DMV hearing focuses on your driver’s license and is run by the Department of Motor Vehicles, not a judge. You have only 10 days to submit a request. Failing to do so can lead to automatic license suspension, even if you're found not guilty in court.
The criminal court process is where you’ll fight the DUI criminal charges based on Vehicle Code 23152. This includes evidence review, video conferencing, and possible jury trials.
At My Rights Law, we defend you in both. Our DUI team is well-versed in handling DMV procedures and court rules. Whether you're dealing with reckless driving or drunk driving offenses or requesting restitution to the victim, we’re here to fight for you.
1. Can I refuse a breathalyzer test in California?
Yes, but refusing a breath test can have serious consequences. Under California’s implied consent law, refusal may lead to an automatic license suspension, enhanced penalties in court, and mandatory use of an Ignition Interlock Device if convicted. Refusal may also be used as evidence against you in court.
2. Will I lose my license after a DUI arrest?
Possibly. After a DUI arrest, you must request a DMV hearing within 10 days. If you don’t, the Department of Motor Vehicles will suspend your driving privileges automatically—even if your court case is still pending. Acting quickly is critical to protect your license and defend your rights.
3. Can I avoid jail time for a DUI?
Yes. Jail time isn’t always mandatory for DUI charges. With the right defense lawyer, many people qualify for alternatives like probation, DUI school, community service, or treatment/education programs. These options are more likely for first-time offenders and can help keep your record cleaner and your freedom intact.
4. Is a DUI a felony or misdemeanor?
It depends. Most DUI charges are filed as misdemeanors, especially for first-time offenders. However, it becomes a felony DUI under Vehicle Code 23153 if the incident involves injuries, a death, or multiple prior convictions. Felonies carry harsher penalties, including longer jail terms and possible California prison time.
5. How long will a DUI stay on my record?
In California, a DUI stays on your criminal record for 10 years. During that time, it can be used to increase penalties for any future drunk driving offenses. It may also affect job opportunities, insurance rates, and your ability to have the conviction expunged later on.
If you’re facing DUI criminal charges, don’t wait. Call My Rights Law for a free consultation today. We’re available 24/7 to answer your questions and start building your defense immediately.
Our Los Angeles DUI defense lawyer is well-versed in California DUI laws, local court procedures, and Department of Motor Vehicles regulations. We know how to challenge chemical testing, question probable cause, and fight for reduced charges or dismissal. Whether you're dealing with a misdemeanor DUI, Felony DUI or want to protect your driver’s license, we’re ready to help.
Time is critical after a DUI arrest. Contact us now to protect your rights, driving privileges, and future. Let our experience work for you.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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