Los Angeles DUI Attorneys
After a DUI arrest, many people wonder if they truly need the services of an attorney. If you have been charged with a DUI in California, you will face the possibility of serious penalties such as jail time, costly fines, probation, and more. The harsh consequences of a DUI conviction can disrupt your life for years to come, and they only increase with every subsequent DUI charge.
If you have been arrested for driving under the influence of alcohol or drugs, speaking with a Los Angeles DUI attorney at Lessem, Newstat & Tooson, LLP could significantly increase your chances of avoiding a conviction. Let us get to work on your defense – give us a call today.
Are you facing a DUI charge? Call Lessem, Newstat & Tooson today at (818) 643-3093 or contact us online to schedule a meeting with our DUI attorneys in Los Angeles.
DUI Cases We Handle
Our Los Angeles DUI lawyers can help with cases involving:
- First DUI offense
- Second, third, or multiple DUIs
- Felony DUI
- DUI involving drugs
- Underage DUI
- Vehicular manslaughter
- Refusing chemical and blood tests
California is notoriously tough on DUI offenders. You must take action immediately after an arrest to build a strong defense.
DUI Laws in California
Driving under the influence (DUI) is a severe offense in California, and the state has strict laws to deter drunk driving and protect public safety. In California, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, drivers under 21, commercial drivers, and drivers operating a hire vehicle are subject to lower BAC limits.
California DUI Penalties by Offense
The charge and penalties you face in your DUI case depend largely on the individual facts and circumstances involved, including what happened prior to, during, and after being stopped by a law enforcement officer. Below, we discuss some of the general penalties that can accompany a DUI conviction.
First-Time DUI Penalties
Once arrested and booked for DUI, you face serious penalties that can have a devastating impact on your financial well-being, employment opportunities, and your freedom.
For example, standard misdemeanor DUI charges for a first offense are punishable by:
- Court fines and fees
- Up to six months in jail
- Court-ordered DUI education course (paid for at your own expense)
- Court-ordered ignition interlock device (IID), depending on circumstances and jurisdiction
- Driver’s license suspension
- Probation
These are only general guidelines for penalties for a first-time DUI offender, and the penalties in your case are dependent upon the individual facts involved.
Second or Third DUI Penalties
When prosecuting drivers for a second or third DUI, California law uses a 10-year lookback period. This means if you are arrested for a DUI and have 1 or even 2 prior DUI convictions within the past 10 years, you can face charges and penalties for your second or third DUI. Wet reckless convictions and DUI convictions in other states also count if they occurred during the 10-year window.
Penalties for second and third DUIs vary from case to case, as well as from county to county. Punishment will also be impacted by factors such as your BAC level, whether you had a suspended license or were on probation, the amount of time between the offenses, and other aggravating circumstances.
These factors can increase the severity of penalties. Generally, you can expect the following:
- Second DUI
- 4 days – 6 months in jail
- 3 – 5 years’ probation
- Fines, court fees, and other expenses
- 2-year license suspension
- Court-mandated DUI course for 18 – 30 months
- Third DUI
- 120 days – 1 year in jail
- 3 -5 years’ probation
- Fines, court fees, and other expenses
- Court-mandated DUI course for 30 months
- 3-year license suspension
Driver’s License Suspension for Multiple DUIs in California
Drivers convicted of a second or third DUI face lengthy license suspensions. However, they may be able to obtain a restricted license after serving a portion of the suspension, and may be required to obtain an ignition interlock device as a condition of receiving their restricted driver’s license.
Our team represents clients during both their criminal case and at DMV hearings, which are separate proceedings from those in criminal court. It is important to note that if you wish to protect your driving privileges following an arrest, you need to request a hearing with the DMV within 10 days. Our firm can immediately do so on your behalf when you make the decision to call our team as soon as you can.
Felony DUI
While most DUI cases prosecuted in California are misdemeanor offenses, certain DUI offenses are considered a felony level allegation.
Felony DUIs in California can result from the following:
- A Fourth DUI:
- Multiple DUI offenders face stiff penalties with each subsequent DUI in a certain time period. If you are stopped and arrested for a DUI, and have three prior DUI convictions on your record within the past 10 years, you can be charged with a felony. Under California’s Vehicle Code, wet reckless convictions and out-of-state DUI convictions are also considered priorable offenses and will count toward the prior conviction record if they occurred within the 10-year lookback period.
- As a felony, this charge is punishable by 16 months to three years in a state prison, depending on the circumstances, as well as court fines, driver’s license revocation, and designation as a Habitual Traffic Offender by the DMV.
- A Prior Felony DUI:
- Being convicted of a felony DUI means that you can be charged with a felony for any new DUI offense, even if the offense is not typically a felony and even if there are no aggravating circumstances involved.
- DUI Causing Injury:
- Motorists who drive under the influence and cause accidents that injure others can be charged with felony DUI. In order to be charged with DUI causing injury, it must be shown that, in addition to driving under the influence, you also violated a law or acted in a negligent manner, such as running a red light or rear-ending another vehicle.
- DUI causing injury is a “wobbler” that can be charged as a misdemeanor or a felony. As a misdemeanor, it carries up to a year jail sentence, as well as up to $5,000 in fines, and driver’s license revocation. As a felony, it can carry between 16 months to 10 years in prison, depending on how many victims were injured and how serious those injuries were.
- DUI Resulting in Death:
- DUIs involving death are the most serious and harshly punished type of felony DUI. Depending on the circumstances, you can be charged with vehicular manslaughter while intoxicated (PC 191.5(b)) or gross vehicular manslaughter while intoxicated (PC 191.5(a)). Both of these charges impose a mandatory minimum term of imprisonment, as well as up to 4 years or 10 years, respectively, in a state prison.
- In some cases, prosecutors may charge drivers with DUI murder, or Watson Murder, particularly if a defendant has a prior DUI and was read a “Watson Advisement” by the judge when previously convicted. Watson murder is a form of second-degree murder that is the most harshly punished DUI charge in California, and it carries a prison sentence of 15 years to life, fines up to $10,000, and is a “strike” offense (under California’s “Three Strikes” law).
Underage DUI
California has a “zero tolerance” policy for underage drinking and driving. This means that any driver under the age of 21 who operates a vehicle with a blood alcohol concentration (BAC) of 0.01% or higher can be charged with underage DUI.
If an underage driver is arrested for DUI, they face administrative penalties from the Department of Motor Vehicles (DMV). These penalties include a one-year suspension of their driver’s license or a one-year delay in obtaining a driver’s license if they don’t have one yet. Additionally, the driver may be required to complete a DUI education program.
A zero-tolerance conviction is punishable by driver’s license suspension for one year. If an underage driver’s BAC is at least 0.05%, a conviction carries a fine of up to $100. Lastly, if an underage driver’s BAC is at least 0.08%, they will face a standard DUI conviction like an adult, which includes a potential jail sentence.
DUI Penalty Enhancements
California’s tough stance on DUI means that drivers can face enhanced penalties when their cases involve “aggravating circumstances.”
These commonly include:
- Prior DUI convictions (including out-of-state DUIs, wet reckless convictions, and California DUIs within the past 10 years)
- High blood alcohol levels (e.g., 0.15 or greater)
- DUIs resulting in accidents (including accidents that cause property damage, injuries, or death)
- Driving on a revoked or suspended license
- Driving without an ignition interlock device (IID)
- Being on probation for a previous DUI
- Reckless driving (i.e., excessive speed or evading a law enforcement officer)
- Driving with a minor passenger (under age 14)
- Driving with an open container
- Refusing a chemical test
Other Consequences of a DUI Conviction
While every case is different, DUI cases have the potential to result in a number of additional expenses and collateral consequences that can impact the well-being of convicted individuals.
These extend beyond court-ordered fines and terms of imprisonment, and may include:
- Court-ordered DUI education program, paid for at your own expense
- Installation and calibration of an ignition interlock device (IID), paid for at your own expense
- Points on your driving record and increased auto insurance premiums
- Monthly fees for formal probation
- Restrictive terms while on probation (including driving with any amount of alcohol in your system, drug or alcohol treatment, victim restitution, alcohol terms, etc.)
- Employment consequences (including job loss, professional license loss or disciplinary action, and difficulty finding employment)
- Loss of certain civil rights, including loss of right to vote and own a firearm
- Ongoing financial expenses (including costs of transportation during periods of driver’s license suspension of revocation)
Challenging DUI Chemical Test Results
In DUI cases, law enforcement officers and prosecutors both rely on evidence when alleging a motorist was impaired by alcohol or drugs while operating a motor vehicle.
During police stops and preliminary investigations, police can use the results of chemical tests (in addition to other forms of evidence such as driving behavior and a driver’s demeanor or physical appearance) to form the basis of their probable cause for making an arrest. Once charges have been filed, prosecutors also use chemical tests in their efforts to convict defendants of DUI.
Pre-Arrest PAS Tests
Preliminary alcohol screening (PAS) tests refer to the chemical testing law enforcement officers may use in the field when they stop and investigate suspected drunk drivers, prior to arresting them. These PAS devices are a type of handheld breathalyzer, and they can be used to gain an understanding of whether or not a driver has alcohol in their system.
It is important to know that these PAS tests are not 100% effective, and that they can be prone to error, especially when improperly maintained or when results are affected by certain factors (such as mouth alcohol from mouthwash, improper administration, and more).
They are also not mandatory and can be refused without consequence (though any requested breath or chemical test following an arrest at a police station or local jail cannot be refused without penalty).
Breath Tests
Breath tests can include the PAS tests mentioned above, or tests conducted using larger machines at a local police station or jail. If a driver refuses the initial PAS test, they cannot refuse any subsequent breath or chemical test following an arrest without risking an automatic driver’s license suspension.
Just as with the PAS tests, these breathalyzers are not infallible, and they can produce inaccurate results due to calibration errors, poor upkeep, mechanical malfunction, and more.
Blood Tests
Drivers stopped under suspicion of DUI may be asked to take blood tests at a local station or jail, regardless of whether they accepted or refused an initial PAS test. Blood tests can also be administered to drivers regardless of whether officers suspect intoxication by alcohol, drugs, or both.
When warrants are obtained for blood tests in DUI cases, suspects cannot refuse them without risking penalties (automatic driver’s license suspension). These blood tests can also be subject to various factors that compromise the accuracy of results, including improper handling of blood samples, calibration issues, and more.
In some cases, such as those involving marijuana DUI, blood tests may also not be a reliable indicator of whether a driver was actually under the influence at the time of their arrest.
Because chemical testing is a critical aspect of DUI cases, effective defense strategies should focus on closely scrutinizing and evaluating how chemical tests were administered, their accuracy, their results, and how they relate to the government’s allegations.
Can I Refuse to Take a DUI Breath or Blood Test?
In California, all motorists are subject to the state’s law of “implied consent,” meaning they implicitly give their consent to take chemical tests when lawfully arrested under suspicion of DUI. This rule may not apply to PAS tests administered in the field, but it does apply to the subsequent breath and blood tests that may be administered at a local police station, jail, or other booking facility.
When drivers refuse chemical testing, they risk a few significant consequences, including:
- Mandatory suspension of your driver’s license (regardless of the outcome in any criminal DUI case)
- Potentially elevated penalties in addition to standard DUI penalties (including additional time in jail and/or longer terms for mandatory DUI school)
The operative word when it comes to chemical tests and the law of implied consent is “lawful” arrest. If a law enforcement officer does not have sufficient reason to justify their stop or any further investigation, they violate procedural rules and your rights when asking you to take an unwarranted chemical test.
Investigating whether or not officers had reasonable suspicion to stop you and probable cause to believe you may have been driving under the influence is critical to protecting your rights and raising a defense involving unlawful search and seizure.
While our DUI attorneys in Los Angeles tailor our defense strategies to the unique facts involved, we always devote time and attention to chemical testing and the role it played in our clients’ cases.
Challenging Field Sobriety Test Results
Many do not realize that DUI charges can be defeated in court and that you don’t have to accept a conviction just because you have been accused of a crime. Our firm has handled many DUI cases that involve “failed” field sobriety tests, and we have successfully challenged and defeated these DUI charges in court.
There are three types of field sobriety tests used by law enforcement officers:
- Horizontal gaze nystagmus test
- Walk and turn test
- One-leg stand test
Police officers must receive proper training to administer and interpret sobriety tests. External factors can distort the results even if an officer is qualified to give the test.
According to some studies, even the most reliable field sobriety test is only 77% accurate in determining whether a driver has a BAC above .10%. If a suspect has physical or mental impairments, if an officer moves around while conducting the test, or if the suspect’s attire interferes with their ability to perform the test, this is grounds to dispute your DUI.
Trusted Partner for DUI Cases
At Lessem, Newstat & Tooson, LLP, we are proud to have William C. Makler as a trusted partner in defending DUI cases. With over three decades of experience, Mr. Makler has built a reputation for his relentless dedication to protecting clients’ rights and achieving favorable outcomes. Specializing in DUI defense, he has successfully handled thousands of cases, leveraging his deep understanding of California DUI laws and courtroom strategies to challenge evidence, negotiate plea deals, and secure dismissals. His personalized approach ensures that every client receives the attention and expertise needed to navigate the complexities of their case.
Decades of Proven Defense Experience
At Lessem, Newstat & Tooson, LLP, we have over 50 years of combined experience representing clients charged with driving under the influence. We effectively fight against DUI charges and have been able to obtain hundreds of dismissals for our clients.
Contact Our Los Angeles DUI Attorney Today
Don’t wait after a DUI charge. Our attorneys can get started immediately, helping you build a strong defense for your charges and working to protect your driver’s license. Contact our firm for a free case review to learn more about the next steps.
Contact Lessem, Newstat & Tooson, LLP today to schedule a FREE case review with our DUI lawyer in Los Angeles.
DUI FAQs
If I only had one drink, can I be convicted of DUI?
You can be convicted of DUI if you meet one of two criteria: Your blood alcohol content was higher than .08, or your driving was so impaired that the prosecution can prove you were driving under the influence. Depending on your weight and the time between your drink and when you began driving, it is possible to be considered “under the influence” after one drink.
I took a nap in my car and was arrested for DUI. How is this possible?
Even though you weren’t driving, your presence in the driver’s seat, especially if the motor was still running, can be considered circumstantial evidence proving that you had been driving under the influence of alcohol. If you failed a field sobriety test or chemical test shortly after you were found asleep at the wheel, then the prosecution can attempt to convict you of drunk driving.
Are all DUI charges the same, or is one less serious than another?
A DUI charge that does not involve an accident or at least two prior DUIs is a misdemeanor, which is far less serious than a felony DUI charge. Felony DUI charges typically occur when there is an accident with injuries or the person has already been convicted of three or more DUIs in the last 10 years.
If I was the only person injured in my DUI accident, will that still count against me?
No. You can be charged with DUI regardless, but if you were the only person injured, you cannot be charged with DUI causing injury, which is a more serious offense. A true DUI causing injury case occurs when the driver causes an accident and injures another driver, passengers, a pedestrian, etc.
If the person injured in my accident was a passenger, does that help my case?
No. It doesn’t matter whether the injured person was riding in your car or someone else’s car. As long as someone other than you got hurt, you can be charged with a DUI causing injury.
I took the blood test and registered a BAC of above .08. Does this mean I lose my case?
No. A blood alcohol content of .08 does meet the legal definition of drunk driving; however, just because the police chemical test shows a BAC above a .08, it does not mean you will be convicted. There can be numerous circumstances which render the test result inaccurate. Your DUI attorney will consider all of these factors and more to determine if there is a potential defense.
If I plan to plead guilty to drunk driving, why do I need an attorney?
Even if you plan to plead guilty, you still need the help of a DUI attorney. An attorney can examine the facts of your case to determine whether you could plea bargain to a lesser DUI charge – for instance, a misdemeanor charge instead of a felony or reckless driving instead of DUI. An attorney is also much more likely to obtain a lesser sentence on your behalf than you will.
If I was the driver in an accident involving multiple victims, what charges am I facing?
You may be charged with DUI causing injury (assuming none of the injuries were fatal). California law does not allow for you to be charged with multiple counts of felony drunk driving.
Can I be charged with a DUI after using marijuana?
Yes. DUI charges can be applied for driving under the influence of marijuana.
What is an IID?
IID stands for “ignition interlock device.” An IID requires an individual to breathe through a machine attached to their vehicle before the engine will start. As of July 2010, an IID can be ordered as a consequence of any DUI conviction in Los Angeles County.
What if I'm an out-of-state driver?
Since you are an out-of-state driver, you may think that your California DUI arrest won’t affect you back in your home state. But in many instances, DUI arrests do hit home. If you are an out-of-state driver and receive a California DUI, the DUI may affect your driving privileges in the state that issued your driver’s license, as well as in California. Through an agreement called the Interstate Drivers’ License Compact, 45 states share information about driving-related arrests, including driving under the influence, driving while intoxicated, license suspensions, and convictions for serious offenses such as drunk driving. The compact was created to toughen penalties for drunk driving.
Will my license be suspended for a DUI arrest if I'm an out-of-state driver?
The California police officer that stopped you for drunk driving issued you a document that revokes your driving privileges in California for 30 days after your arrest. You have 10 days to request a DMV Administrative Per Se hearing to challenge the suspension of your driving privileges. But if you don’t act quickly, you lose the right to do that. You don’t have to appear at the DMV hearing in person. A knowledgeable DUI lawyer at Lessem, Newstat & Tooson, LLP, can appear on your behalf and work to protect your driving privileges.
If the DMV suspends your driving privileges, California will communicate that information to your home state and your state may follow suit and suspend your driver’s license, too. Through a reciprocal agreement, some states will automatically honor California’s action by suspending your driver’s license. Your past driving record may determine the length of the suspension. It varies from state to state.
Will I have to appear in court if I'm an out-of-state driver?
You may face a legal proceeding in a California court on the charge of driving under the influence. You may be charged with a misdemeanor DUI or a felony DUI, depending on the specifics of your case. This criminal proceeding is separate from the DMV administrative hearing. The initial appearance, called an arraignment, where the charge is presented, may be scheduled several weeks to several months after your DUI arrest.
If you are an out-of-state driver charged with a misdemeanor first offense DUI, you may not have to appear in court or return to California. If you waive your right to appear, a DUI lawyer at Lessem, Newstat & Tooson, LLP, may be able to appear on your behalf and negotiate to resolve your case.