Frequently Asked Questions

Immediately. The 10-day DMV hearing deadline is critical—if you miss it, automatic license suspension occurs. Also, early attorney involvement allows us to: preserve evidence, investigate while memories fresh, file DMV hearing request on time, begin negotiation with prosecutor, identify witnesses, prepare strongest defense. Waiting reduces defense options and can cost you your license.

Once arrested, you’re required to take chemical test (breath or blood) under California’s implied consent law. Refusal triggers: 1-year license suspension (first offense), 2-year suspension (prior DUI), 3-year suspension (multiple priors), enhanced penalties in criminal case, prosecutor can tell jury you refused (consciousness of guilt). However, refusal means no BAC evidence against you. Field sobriety tests (FSTs) before arrest are voluntary—you can refuse with no penalty.

You’ll be taken to jail, booked, and released (usually within 6-12 hours). Officer confiscates your license and issues pink temporary license valid 30 days. You have 10 days to request DMV hearing to challenge automatic license suspension.

Yes, if you have “actual physical control” of the vehicle. This can include sitting in driver’s seat with keys in ignition, even if engine is off. However, we can challenge whether you were truly in control or driving.

0.08% BAC for drivers 21 and over. 0.04% for commercial drivers (CDL). 0.01% for drivers under 21 (zero tolerance). You can also be convicted under VC § 23152(a) for impaired driving even if BAC is below 0.08%.

The most important thing is not to wait. The prosecution is already working on your case from the moment of your arrest, so you need an attorney working on yours as soon as possible. Contact us at (888) 309-3323 for a free and confidential consultation. The sooner you have a plan of action, the better your chances of reducing or dropping the charges.

Breathalyzer installed in your vehicle that requires you to blow clean (0.00% BAC) before engine starts. Required for all DUI offenders in California. First DUI: 6 months minimum. Costs $2.50/day ($75/month) plus installation ($100-$200). Allows you to drive anywhere (not just work).

First DUI: 6 months (4 months if took test; can get IID restricted license immediately). Second DUI: 2 years (IID restricted after 1 year). Third DUI: 3 years (IID restricted after 18 months). Fourth DUI: 4 years (IID restricted after 18 months).

Yes. Requesting hearing within 10 days keeps your license valid until hearing date (typically 30-90 days later). You can drive normally during this period.

Administrative hearing where DMV hearing officer decides whether to suspend your license. We present evidence challenging: (1) whether officer had reasonable cause to stop you, (2) whether probable cause existed to arrest you for DUI, (3) whether you were driving with 0.08%+ BAC or under the influence. Winning DMV hearing = keep your license.

You have exactly 10 calendar days from arrest date to request DMV administrative hearing. If you don’t request within 10 days, automatic license suspension begins on day 31. Requesting hearing postpones suspension until hearing date and gives you chance to keep license.

Two separate proceedings. Criminal court determines guilt and penalties (jail, fines, probation). DMV administrative hearing determines license suspension. You can win one and lose the other—must fight both separately.

Four ways: (1) Fourth DUI within 10 years (automatic felony even without accident), (2) DUI causing injury to another person (VC § 23153), (3) DUI causing death (vehicular manslaughter PC § 191.5 or Watson murder PC § 187), (4) Any DUI with prior felony DUI conviction.

10 years, measured arrest date to arrest date (not conviction to conviction). Any DUI conviction within 10 years of new DUI arrest counts as “prior” triggering enhanced penalties. After 10 years, prior no longer enhances penalties but remains on criminal record.

Permanently, unless expunged under Penal Code § 1203.4. For enhancement purposes (counting as “prior DUI”), convictions count for 10 years measured arrest-to-arrest. DMV records show DUI for 10 years. Background checks show DUI conviction forever unless expunged.

Depends on offense. First DUI: 3 months (30 hours) or 9 months (60 hours) if BAC 0.20%+. Second DUI: 18 months. Third/Fourth DUI: 30 months (longest program, 2.5 years). Costs range from $500 (3-month) to $3,500 (30-month).

Possible but not always. First DUI carries 48 hours to 6 months jail, but most first offenders receive 2-3 days (often substituted with community service) or no jail if granted probation. Second DUI has mandatory 96 hours (4 days). Third DUI has mandatory 120 days (4 months).

First DUI: $10,000-$18,000 total (fines, DUI program, insurance increases, IID, attorney fees, lost wages). Second DUI: $15,000-$25,000. Third DUI: $20,000-$35,000. Fourth DUI (felony): $25,000-$50,000+.

Penalties vary depending on the circumstances of the case. A first-time DUI is generally a misdemeanor with fines, license suspension, and mandatory educational programs. A repeat DUI carries significantly more severe penalties and a higher likelihood of jail time. Cases involving injuries, vehicular homicide, or multiple prior convictions may be classified as felonies with serious consequences. Commercial drivers (CDLs) can lose their professional license even with a first offense. That’s why a personalized case evaluation is essential.

Yes, through several ways: (1) Illegal stop (Fourth Amendment violation)—all evidence suppressed = dismissal, (2) Faulty breath/blood tests—unreliable BAC results, (3) Rising blood alcohol defense—BAC legal when driving, (4) No probable cause for arrest, (5) No driving/actual physical control. We also negotiate reduced charges to wet reckless or dry reckless when case has weaknesses.

Wet reckless (VC § 23103.5): Reckless driving WITH alcohol notation. Counts as DUI prior for 10 years. Requires 6-week alcohol program. Better than DUI but still priorable. Dry reckless (VC § 23103): Reckless driving with NO alcohol notation. Does NOT count as DUI prior. No mandatory alcohol program. Best reduction possible (besides dismissal). Very rare—only in extremely weak prosecution cases.

Yes. Wet reckless (VC § 23103.5) counts as prior DUI for 10 years. If arrested for DUI within 10 years of wet reckless conviction, treated as second DUI with mandatory 96 hours jail, 18-month program, 2-year suspension.

Yes, we are available 24/7 for emergencies. If you or a family member has been arrested, you can call us anytime. We also offer jail visits and accept collect calls so you can contact us even while in custody.

Yes, we have a fully bilingual team that speaks your language and understands your culture. We specialize in advocating for the Hispanic community in Los Angeles and throughout California, so all communication, documentation, and services can be provided in Spanish.

Yes. We evaluate your case free of charge and without obligation. We also offer flexible payment plans so you can access quality legal representation without worrying about paying everything at once. You can call us at (888) 309-3323 to schedule your free consultation.

We handle all types of DUI cases, including first-time DUIs, repeat DUIs (second, third, or fourth offenses), underage DUIs (drivers under 21), prescription drug DUIs, drug DUIs (DUIDs), DUIs with injuries, vehicular homicide, felony DUIs, refusal of chemical tests, navigation under the influence (BUIs), and commercial driver DUIs (CDLs). Every case is unique and deserves a customized strategy.