Most people Marcus defends on DUI charges have never been arrested before. One night, one decision, and suddenly your license, your job and your reputation all feel uncertain. The good news is that a DUI arrest is the start of a process, not the end of it, and there is often more room to defend the case than people expect.
What a DUI charge means in California
California's main DUI law is Vehicle Code section 23152. Two charges are usually filed together:
- Driving under the influence, VC 23152(a): the prosecution claims alcohol or a drug impaired your ability to drive safely.
- Driving with a 0.08% or higher blood alcohol level, VC 23152(b): the prosecution claims your blood alcohol was at or above 0.08% while you were driving.
Separate sections cover driving under the influence of drugs, and lower limits apply to commercial drivers and drivers under 21. A first DUI without injuries is generally a misdemeanor, but a conviction can still mean probation, fines, DUI classes and a license suspension.
What is at stake
A DUI is more than a traffic matter. It can affect:
- Your license. The DMV can suspend your driving privilege, sometimes before your criminal case is even decided.
- Your job. Professional licenses, security clearances and jobs that involve driving can all be affected.
- Your record. A conviction shows up on background checks and counts as a prior if there is ever another DUI within 10 years.
- Your insurance and your finances. Fines, fees, classes and higher insurance costs add up.
Two cases, not one. After a DUI arrest there is a criminal case in court and a separate license case at the DMV. In California you generally have only 10 days from the arrest to request a DMV hearing. If no hearing is requested, a suspension usually takes effect automatically. Read about the 10-day deadline.
How test results can be questioned
Breath, blood and urine results can look like hard numbers, but they come from machines, samples and people. California has detailed rules for how chemical tests are given, how equipment is maintained and how samples are handled. When those rules are not followed, the result may be open to challenge. Common issues include:
- Equipment calibration and maintenance. Breath testing devices need regular calibration and accuracy checks. Gaps in the records can raise doubts about the number.
- Human error. Officers are expected to observe you before a breath test, and blood samples must be collected, stored and analyzed correctly. Mistakes can matter.
- Medical conditions. Some health conditions, diets and medications can affect breath readings or how someone performs on roadside tests.
- Testing conditions. Weather, uneven pavement, footwear, nerves and fatigue can all affect field sobriety tests like walking a straight line or standing on one leg.
- The stop itself. The officer needs a lawful reason to pull you over. If the stop or the arrest was not lawful, evidence may be challenged.
If you have already taken a test, there is still a case to look at. If a blood sample was taken, part of it may be available for independent testing.
Refusals and implied consent
Under California's implied consent law, a driver who is lawfully arrested for DUI is expected to complete a breath or blood test. Refusing can bring a longer license suspension and can be used as evidence in court. The roadside breath test offered before an arrest is different: for most adult drivers it is generally voluntary. Refusal cases have their own issues, including whether the officer properly explained the consequences, and they are worth reviewing carefully.
First DUI or a repeat offense
A first DUI and a second or third DUI are very different cases. California looks back 10 years for prior DUI convictions, and each prior can raise the stakes, including longer license consequences and the possibility of jail time. If you have a prior DUI, early help matters even more. Read more about second and third DUI cases.
Help after the case is over
A DUI conviction does not have to follow you forever. Many DUI convictions can be dismissed under California's expungement law once probation is complete. Read Can a DUI be expunged in California? If you are a current or former member of the military, ask about military diversion.
Working with Marcus
Marcus has defended clients in San Diego since 2001 and has appeared in courthouses across the county, from Downtown to El Cajon, Chula Vista and Vista, as well as the Murrieta courthouse in southwest Riverside County. He takes the time to learn what happened that night and what is at stake for you, then tells your story to the prosecutor and the judge.
Your first consultation is free. You can meet Marcus at the Mission Valley office, or talk by phone or Zoom. Hablamos español.