Los Angeles DUI Attorney

California DUI Laws

California has some of the strictest DUI laws in the nation. Under California Vehicle Code 23152, it is unlawful for any person who is under the influence of any alcoholic beverage or drug to drive a vehicle. Specifically, the law focuses on two primary theories of prosecution:

• VC 23152(a): Driving under the influence of alcohol or drugs to the extent that your mental or physical abilities are so impaired that you can no longer drive a vehicle with the caution of a sober person.
• VC 23152(b): Driving with a Blood Alcohol Content (BAC) of 0.08% or higher. This is known as a "per se" DUI, meaning the prosecution only needs to prove your BAC level, regardless of your actual level of impairment.

It is important to note that California also enforces "Zero Tolerance" laws for underage drivers (BAC of 0.01% or higher) and stricter limits for commercial drivers (0.04% or higher). In Los Angeles, law enforcement agencies like the LAPD and LASD are highly trained in DUI detection and often utilize checkpoints and saturation patrols to enforce these statutes.

Common Types of DUI Charges & Penalties

DUI charges are categorized based on the circumstances of the arrest and the defendant's prior record.  Stephen G. Rodriguez & Partners handles all levels of DUI offenses:

• First-Time DUI: While usually a misdemeanor, a first offense can lead to up to six months in jail, fines up to $1,000 (plus "penalty assessments" which can triple that amount), and a license suspension of 6 to 10 months. You may also be required to install an Ignition Interlock Device (IID).
• Multiple DUIs: California has a 10-year "look-back" period. Second and third offenses carry mandatory minimum jail sentences, longer alcohol programs (up to 18 or 30 months), and multi-year license revocations.
• Felony DUI: A DUI can be elevated to a felony if:
  • The DUI caused injury or death to another person.
  • You have three or more prior DUI convictions within 10 years.
  • You have at least one prior felony DUI conviction.
• DUI with Drugs (DUID): With the legalization of marijuana and the rise of prescription drug use, DUID charges are increasingly common in Los Angeles. These cases are complex because there is no "legal limit" like the 0.08% BAC for alcohol, often relying heavily on the testimony of a Drug Recognition Expert (DRE).

Legal Defenses to DUI Charges

A DUI arrest is not the same as a conviction. There are numerous ways our Los Angeles DUI defense attorney can challenge the prosecution's case. At Stephen G. Rodriguez & Partners, we scrutinize every detail of the police report and evidence to build a robust defense strategy.

• Lack of Probable Cause: Police must have a constitutional reason to pull you over. If the officer lacked "reasonable suspicion" of a traffic violation or "probable cause" of criminal activity, any evidence gathered after the stop may be suppressed and the case dismissed.
• Faulty Field Sobriety Tests (FSTs): FSTs are highly subjective and often unreliable. Factors like fatigue, nervousness, physical injuries, uneven pavement, or even the type of footwear you were wearing can lead to a "failure" that has nothing to do with intoxication.
• Rising Blood Alcohol: Alcohol takes time to absorb into the system. It is possible that your BAC was below the legal limit while you were driving but rose to 0.08% or higher by the time the chemical test was administered at the station.
• Inaccuracy of Testing Equipment: Breathalyzers and blood testing equipment must be calibrated and maintained according to strict Title 17 regulations. If the device was malfunctioning or the operator was not properly trained, the results can be challenged.

Navigating the Los Angeles County Courts

In Los Angeles, your case isn't just "in court"; it is assigned to a specific judicial district that dictates the prosecutorial style you will face. At Stephen G. Rodriguez & Partners, we have a strategic presence in the most active DUI courthouses in the county:

The Metropolitan Courthouse (Hill Street)

Known locally as the "DUI Court," the Metropolitan Courthouse at 1945 S. Hill St. handles the vast majority of misdemeanor DUI cases in the city. Cases here are prosecuted by the Los Angeles City Attorney’s Office.

The "Metro" Advantage: Because this court processes such a high volume of DUIs, the prosecutors often follow standardized "Arraignment Offers." We know how to identify when your case deviates from the norm and push for better-than-standard deals.

The Van Nuys Courthouse

If you were arrested in the San Fernando Valley, your case will likely head to Van Nuys. This court is known for a more stringent approach to high-BAC cases. Our familiarity with the local judges here allows us to anticipate their stance on "alternative sentencing" like house arrest or community service.

The Airport Courthouse (LAX)

Serving the West District, the Airport Courthouse handles DUIs from LAX, Westchester, and Santa Monica. Cases here often involve unique jurisdictional issues, such as arrests made by Airport Police or the CHP on the 405 or 105 freeways.

DUI FAQs

Do I have to take the field sobriety tests?

In California, FSTs are generally voluntary. You can politely decline to perform the "walk and turn" or "one-leg stand" without legal penalty. However, once you are lawfully arrested, refusing a chemical test (breath or blood) can lead to an automatic one-year license suspension.

How long do I have to save my driver’s license?

You have only 10 days from the date of your arrest to request a DMV Administrative Per Se (APS) hearing. If you fail to do this, your license will be automatically suspended 30 days after the arrest.

Can I get my DUI reduced to a "wet reckless"?

In some cases, a skilled attorney can negotiate a plea deal where the DUI charge is reduced to reckless driving involving alcohol. This carries shorter probation periods, lower fines, and no mandatory jail time.

Seek a Positive Outcome with a Los Angeles DUI Attorney

At Stephen G. Rodriguez & Partners, we understand the seriousness of DUI charges and are committed to protecting the rights, freedoms, and futures of clients who reach out to our firm for help. We want to stress that the penalties at stake can be extremely serious—especially if this is a multiple DUI arrest or if other aggravating circumstances are present. A meticulously planned defense is essential to navigate the complexities of DUI laws and their implementations. Because of this, we encourage you to discuss your situation with our legal team as soon as possible after an arrest. Your initial consultation won't cost a thing!