DUI lawyers in Los Angeles

When someone is arrested for driving under the influence, having DUI lawyers in Los Angeles on your side is essential.

These charges can lead to fines, license suspension, or even deportation, so acting quickly is critical.

At our firm, a team of criminal lawyers in Los Angeles reviews each case from day one. We examine the legality of the stop and arrest, request the DMV hearing within the allowed 10 days (or 14 days if the notice arrives by mail), and build an effective defense to protect your freedom.

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Looking for DUI lawyers near me? We serve clients across Los Angeles County and offer immediate consultations in English and Spanish.

In the following lines, you will learn how DUI offenses are classified, what penalties apply, what your lawyer can do, and the mistakes to avoid so you don’t make things worse.

DUI lawyers in Los Angeles provide fast, effective defense

DUI lawyers in Los Angeles work under intense deadlines: the DMV gives only 10 days from the arrest to request a hearing and prevent an automatic license suspension. If the notice arrives by mail, the deadline extends to 14 days.

An experienced attorney can stop or challenge that process, but timing is everything.

What we do from the first contact:

• Analyze the police report and chemical test results.
• Identify rights violations and procedural errors.
• File motions to exclude improperly obtained evidence.
• Negotiate charge reductions (wet reckless) or jail alternatives.

Call today. A prompt evaluation with our DUI lawyers in Los Angeles can help you avoid penalties, license suspension, and serious losses.

DUI in California: limits, definitions, and types under the law

In California, DUI (Driving Under the Influence) is governed by Vehicle Code §23152.
This statute prohibits driving under the influence of alcohol, drugs, or a combination of both.

About DUI and DWI: Some states distinguish DUI, driving under the influence, from DWI, driving while intoxicated, in California the terms are used interchangeably, the statute uses “DUI” under Vehicle Code § 23152.

Legal blood alcohol concentration (BAC) limits:

• Adults (21+): 0.08% or higher.
• Commercial drivers: 0.04%.
• Under 21 or on probation: 0.01% (zero tolerance). Source: California DMV – DUI Overview

A DUI lawyer in Los Angeles can evaluate chemical tests and the police report to spot errors in procedure or breathalyzer calibration.

In addition, certain prescription medications, such as anxiolytics or painkillers, can lead to a drug-based DUI even if taken under a doctor’s orders.

When the case involves a crash, coordination with a DUI accident lawyer helps defend the driver while managing any civil claims.

Current note: SB 1046 expanded the use of the Ignition Interlock Device (IID) statewide, requiring drivers to blow into the device before starting the vehicle to ensure no alcohol use.

Process after the arrest: DMV hearing and criminal case

After the arrest, the officer issues form DS-367, which serves as a suspension order and a temporary license valid for 30 days. During this time, you must request the DMV hearing to prevent the automatic suspension from taking effect.

This appointment is known as the APS Hearing (Administrative Per Se).

Typical stages of the process:

• DMV hearing: Administrative. Evidence and the lawfulness of the stop are reviewed.
• Criminal case: Held in county court and may include misdemeanors or felonies (wobbler) if there were injuries.

At the hearing, your attorney can request a stay of the process until all evidence is reviewed.

If there are errors in notice or testing, it may be possible to cancel the license suspension or have charges dismissed.

If the DMV upholds the suspension, driving during that period becomes an additional offense: driving on a suspended license in California, punishable by jail, fines, and points on your record.

Legal tip: Attend with counsel; avoid admitting use or guilt before the toxicology reports are examined.

DUI penalties in California: fines, jail, and license suspension

DUI penalties depend on priors, BAC level, and whether there was property damage or injury. 

In all cases, expect fines, license suspension, and mandatory alcohol/drug education.

First offense (simple DUI)

• Fines from $390 to $1,000, plus court costs.
• License suspension from 4 to 10 months (possible restricted license with IID).
• Ignition Interlock Device (IID) for up to 6 months.
• Summary probation for 3 to 5 years.

Second offense (within 10 years)

• County jail: minimum 10 days, up to 1 year.
• License suspension for 1 year (restricted license possible after 90 days with IID).
• Rehabilitation program of 18 to 30 months.

Third offense (within 10 years)

• County jail: 120 days to 1 year.
• License suspension for 3 years (restricted possible with IID).
• 30-month treatment program.

Fourth offense (within 10 years)

• Often charged as a felony, but may be a wobbler depending on the facts.
• May involve state prison and lengthy license revocation.

DUI causing injury or death (felony DUI)

When a driver causes injury or death, the case is elevated to a felony under Vehicle Code §23153.

Likewise, situations like driving without insurance and having an accident can complicate the case and increase civil liability.

Additional charges may also apply for reckless driving in California or vehicular manslaughter.

If there are multiple victims, §23558 adds up to 1 extra year in prison for each person injured.

Factors that aggravate penalties

• Refusing a chemical test (§23577).
• BAC of 0.15% or higher.
• Causing a crash or serious injuries.
• Having a child under 14 in the vehicle (§23572).

Additional penalties for chemical test refusal or high BAC are set out in Vehicle Code §§23577 and 23578.

A DUI with injury can qualify as a strike under California’s Three Strikes law.

Having a specialized DUI attorney is key to defending the case and protecting your rights.

DUI defense strategies: how to avoid a conviction

A DUI lawyer in Los Angeles must scrutinize every detail of the arrest.

The right strategy can reduce charges, prevent a license suspension, or even get the case dismissed.

Most common defenses

1. Unlawful stop: Without probable cause, evidence can be suppressed.
2. Faulty testing: Breathalyzer calibration errors or chain-of-custody issues.
3. Medical conditions: Diabetes or GERD can skew results.
4. Challenging officer testimony: Report inconsistencies or lack of witnesses.
5. Smart negotiations: Reducing to a “wet reckless” or alternative programs.

In some cases, when a crash results in fatalities, the charge can escalate to vehicular manslaughter, a felony with state prison exposure.

A skilled attorney will work to show there was no gross negligence, but rather human error or an unrelated cause.

Brief example: A driver arrested for DUI after a collision presented proof of a mechanical brake defect. The main charge was dismissed and no criminal record remained.

Mistakes to avoid

• Representing yourself without legal counsel.
• Signing agreements without understanding immigration consequences.
• Failing to appear at the DMV hearing.
• Resisting the arrest, which can add a new charge for resisting arrest in California.

Tip: Always cooperate respectfully, but request your lawyer before making statements.

DUI and immigration consequences: good moral character and deportation

A DUI affects more than your driving record; it can also carry serious immigration consequences.

USCIS and the Department of Justice have held that multiple DUI convictions can reflect a lack of good moral character (GMC).

Most frequent immigration risks:

• Loss of GMC in naturalization or adjustment cases.
• Denial or termination of pending immigration benefits.
• Possible ICE detention when combined with other offenses.

Legal precedent

Since Matter of Castillo-Perez (BIA 2019), two or more DUI convictions during the review period can create a presumption of lack of good moral character. USCIS incorporated this into its Policy Manual (Vol. 8, Pt. G).

This presumption can affect eligibility for citizenship, residence, or cancellation of removal.

Aggravating offenses and deportation

A simple DUI is not a crime involving moral turpitude (CIMT), but it can become one when aggravating factors exist, such as driving on a suspended license, causing serious injury, or transporting a minor.

When the DUI is paired with more serious crimes, such as violence, drug offenses, or fraud, the risk of deportation increases substantially.

Legal strategies to mitigate consequences

• Hire an attorney with both criminal and immigration experience to coordinate defense and pursue charge reductions.
• Seek an expungement, understanding USCIS may still consider the original conviction.
• Document rehabilitation through treatment programs or support groups.
• Show there was no gross negligence in incidents with damage or victims.

Bail and release on own recognizance in Los Angeles DUI cases

After a DUI arrest, the judge decides whether the person remains in custody or is released on bail. The amount depends on the offense severity, criminal history, and flight risk.

Types of release

• Cash bail: The defendant or family posts the court-set amount.
• Bail bondsman: Covers the full amount and charges an 8%–10% premium.
• Own recognizance (O.R.): The judge releases the defendant on a promise to appear, with no bail payment.

An experienced DUI lawyer can argue the client is neither a danger nor a flight risk and request O.R. release or a bail reduction.

Factors the judge considers

• Family ties and stable residence.
• Current employment or schooling.
• Absence of priors or failures to appear.

If the defendant lies during the hearing, they may face penalty of perjury in California, a felony with prison exposure.

Brief example: A person arrested for a second DUI showed proof of steady employment and prior court appearances. The judge granted O.R. release, avoiding an $8,000 bail payment.

What to do the same day as a DUI arrest: quick checklist

Doing the right things after an arrest can shape the outcome. Follow this 10-step checklist to protect your rights:

1. Stay calm and cooperate with police.
2. Do not admit guilt. Any statement can be used against you.
3. Call a DUI lawyer in Los Angeles as soon as possible.
4. Do not lie or make up facts. You could face an added perjury charge.
5. Remain silent until you have counsel.
6. Write everything down: time, place, officer names, witnesses.
7. Request the DMV hearing within 10 days.
8. Do not drive if your license was seized.
9. Check whether the arrest involved violence or injuries. In serious cases, the Three Strikes law can apply.
10. Keep every document from the arrest and tell your lawyer.

DUI lawyers near me can take over within 24 hours, request evidence, stay the suspension, and prepare for your DMV hearing.

Frequently asked questions about DUI in Los Angeles

Below, our DUI lawyers in Los Angeles answer the most common questions clients have about DUI cases, their legal consequences, and available defense options.

How much does a DUI lawyer in Los Angeles cost?

It depends on the case and complexity. On average, a DUI lawyer in Los Angeles charges $3,500 to $7,000, plus court costs. Cases with injuries or priors typically cost more.

What happens if I refuse a breath or blood test?

Refusal triggers an automatic license suspension and may increase penalties.
Judges may also view it as an implied admission of guilt.

Can I go to jail for a first DUI?

Yes, but it’s often avoidable. With the right defense, you can seek probation, DUI school, or community service in lieu of jail.

Can a DUI be expunged from my record?

Yes. After completing the sentence, you can seek help to clean a criminal record through expungement. This can improve employment and immigration prospects.

What immigration consequences can a DUI have?

A single DUI rarely leads to deportation, but multiple DUIs or DUIs with aggravating factors can cause benefit denials or removal. Matter of Castillo-Perez (BIA 2019) confirms this DOJ policy, and USCIS adopted it in the Policy Manual (Vol. 8, Pt. G).

Can I get my license back after it was suspended?

Yes. After the suspension period, you must show proof of completing a DUI program, file SR-22, and pay the DMV reissue fee.

Do DUI lawyers near me handle emergencies?

Yes. Lluis Law offers immediate consultations by phone or in person, in English and Spanish.

Why choose Lluis Law for your DUI defense

At Lluis Law, our DUI lawyers in Los Angeles defend each case with a tailored strategy.

We combine local experience in California courts, technical knowledge of the DMV, and service in your language.

Advantages of working with us:

• Over 45 years litigating DUI, accident, and criminal defense cases.
• Direct communication with an attorney, not gatekeepers.
• Free file review and a clear explanation of real options.
• Experience handling cases with immigration consequences.

If you need immediate guidance, contact us today. A DUI lawyer will evaluate your case and show you how to avoid costly mistakes.

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Call now or request an online consultation. A timely conversation can be the difference between a clean record and a permanent conviction.