California DUI Defense Attorneys
A DUI charge in California is a serious matter with potentially severe consequences including jail time, license suspension, heavy fines, mandatory classes, and a permanent criminal record. Whether you are facing a first offense or have prior convictions, the way your case is handled from the very beginning can significantly affect the outcome.
At Smilove & Rosenblum APC, we provide aggressive and knowledgeable DUI defense throughout California. We understand both the criminal court process and the separate DMV administrative hearing, and we fight to protect your rights, your driving privileges, and your future on both fronts.
California DUI Laws
California Vehicle Code Section 23152 makes it unlawful to drive under the influence of alcohol (VC 23152(a)), drive with a blood alcohol concentration (BAC) of 0.08% or higher (VC 23152(b)), and drive under the influence of drugs or a combination of drugs and alcohol (VC 23152(f) and (g)). Enhanced penalties apply for BAC of 0.15% or higher, driving under the influence with a minor in the vehicle (VC 23572), DUI causing injury (VC 23153), and multiple DUI offenses within a 10-year period.
The DMV Hearing
In addition to criminal court proceedings, anyone arrested for DUI faces an administrative license suspension by the DMV. You have only 10 days from the date of arrest to request an Administrative Per Se (APS) hearing to challenge the suspension. Missing this deadline results in an automatic license suspension. Our attorneys handle both the DMV hearing and the criminal case simultaneously to protect your driving privileges.
DUI Defense Strategies
Every DUI case has potential defenses that may result in reduced charges or dismissal. Common defense strategies include challenging the legality of the traffic stop, questioning the accuracy and administration of field sobriety tests, challenging breathalyzer calibration and blood test procedures, identifying violations of your constitutional rights, demonstrating rising blood alcohol (your BAC was below the limit while driving), and questioning whether the officer had probable cause for arrest.
Penalties for DUI in California
DUI penalties increase significantly with each subsequent offense. A first offense may include up to six months in county jail, fines up to $1,000 plus penalty assessments, a six-month license suspension, and a three-month DUI school. Subsequent offenses carry longer jail terms, extended license suspensions, longer DUI programs, and mandatory ignition interlock device installation. A fourth DUI within 10 years can be charged as a felony.
Free Consultation
If you have been arrested for DUI, time is critical. Contact Smilove & Rosenblum APC immediately at (800) 300-3226 or request a consultation online. We can help protect your rights, your license, and your freedom.