DUI

Battling DUI Charges: Your Decisive Defense Team

Northern CA Dui Lawyer

Aggressive Defense Against DUI Charges in California

Anyone who drives while under the influence of drugs or alcohol or with a blood alcohol concentration (BAC) of 0.08% may be charged with DUI in California. Similar rules apply to operating bikes, scooters, and boats while intoxicated. The BAC threshold is lower for:

  • Commercial drivers: 0.04%
  • Underage drivers (under 21 years old): 0.01%

Unlike some states, California requires prosecutors to prove the act of driving for a DUI charge to be held. Drivers cannot be charged if they were not operating the vehicle (i.e., merely in "actual physical control").

Are you facing a DUI charge in California? Call Jesse J. Garcia Attorney at Law, today at (510) 782-7580 or contact us online to schedule a consultation with our DUI attorney!

California's Implied Consent Law 

In California, implied consent laws require all drivers to submit to chemical testing (such as blood or breath tests) if suspected of driving under the influence (DUI). Refusing to comply with a lawful request for chemical testing can result in:

  • Automatic license suspension: Minimum of one year.
  • Evidence of guilt: Refusal may be used against you in court.

Implied consent laws apply to drivers who are arrested for DUI or involved in collisions resulting in death or injury.

Field Sobriety Tests

California's implied consent law also applies to field sobriety tests. If a driver is pulled over on suspicion of DUI, they are assumed to have consented to these tests unless they explicitly refuse.

Understand Your Rights

If you have been arrested or cited for DUI, it's essential to understand your rights under California's implied consent laws. Consulting an experienced Northern CA DUI attorney as soon as possible can help you navigate the legal process and understand the potential consequences of chemical test refusals.

DUI Penalties in California

Upon conviction, DUI penalties vary depending on prior offenses. Below are the consequences for the first, second, and third offenses, structured the same way as on their original site:

First Offense

DUI is classified as a misdemeanor under California law. If convicted, penalties include:
• Probation: 3–5 years.
• Fines: $390–$1,000, plus additional penalty assessments.
• Driver's license suspension: 6 months.
• DUI School: Court-mandated attendance.
• Ignition Interlock Device (IID): Installation required.

Second Offense

Penalties include:
• Minimum of 96 hours in jail, up to 1 year.
• Fines between $390–$1,000.
• License suspension: 2 years.
• IID use: 1 year required.

Third Offense

Penalties escalate to:
• Minimum of 120 days in jail, up to 1 year.
• Fines up to $1,800.
• License suspension: 3 years.
• IID use: 2 years required.

When is a DUI a Felony?

While most DUI offenses are misdemeanors, certain aggravating factors can elevate the charge to a felony, carrying a maximum of 3 years in prison. These factors include:

  • Causing serious injuries while driving under the influence.
  • Causing a death while intoxicated (vehicular homicide).
  • Having three or more prior DUI convictions in the past ten years.
  • Having a prior felony DUI conviction.

Mitigating factors, such as taking prescribed medication or completing a substance abuse program, can reduce sentencing.

Sentencing Enhancements

California DUI law specifies additional penalties for certain aggravating factors. Below are the enhancements, organized for clarity:

Minor Younger Than 14 Years Old in the Vehicle

  • First offense: Additional 48 hours in jail.
  • Second offense: 10 days in jail.
  • Third offense: 30 days in jail.

Felony DUIs with Multiple Victims

  • Additional 1-year enhancement per victim, with a maximum of 3 years.

Excessive Speeding

  • Additional 60 days added to the jail term if driving:
  • Over 20 mph above the speed limit on streets/highways.
  • Over 30 mph above the limit on freeways.

DUIs in Safety Enhancement and Construction Zones

  • Fines are doubled in construction zones.

What to Know About DUI School in California

For many DUI convictions, court-mandated attendance at DUI school is required. The program's length and cost depend on the severity of the offense.

Do I Have to Attend?

Yes. Attendance is essential to completing the program, and failure to attend will result in an incomplete program and possibly additional penalties.

How Long Will My DUI Program Take?

DUI programs vary based on the offense and BAC level, ranging from a 12-hour program to a 30-month for severe or repeat violations.

Contact Our DUI Attorney Today

If you've been charged with a DUI in California, you may feel overwhelmed by the potential consequences. However, with the help of Jesse J. Garcia, an attorney at law, you can protect your rights and minimize penalties.

With 50 years of experience, we offer aggressive and thorough representation in all types of DUI cases, from first offenses to felony DUIs and vehicular homicide. We fight to keep you out of court whenever possible, exploring alternative resolutions such as:

  • Treatment programs.
  • Halfway houses.
  • Weekend-only jail time.

Our attorney is skilled at challenging the validity of DUI tests and the evidence against you. Whether you're facing your first offense or a serious felony charge, Jesse J. Garcia Attorney at Law, will defend your case with confidence and expertise.


Put a trusted DUI trial attorney on your side. Call us at  (510) 782-7580 or online to schedule your free consultation today!

Call Us Today

Get the professionals to defend against your DUI charge. Call 510-782-7580.

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