Driving under the influence of alcohol is a serious offense in California, carrying strict legal consequences for those caught violating state DUI laws. California Vehicle Code § 23152 makes it illegal for anyone to operate a vehicle while impaired by alcohol, regardless of their blood alcohol concentration (BAC). While most DUI cases involve drivers exceeding the 0.08% BAC legal limit, the law also covers situations where drivers show signs of impairment even if their BAC is below the legal threshold.
Understanding California's DUI laws, the penalties for violations, and available defense strategies is essential for anyone facing DUI charges. If you have been arrested for driving under the influence, seeking legal representation from a DUI lawyer near me can make a significant difference in protecting your rights.

California's Legal Definition of Driving Under the Influence

California law classifies a driver as being under the influence if their ability to operate a vehicle is impaired by alcohol consumption. This is outlined under:

• § 23152(a) – It is unlawful to drive while under the influence of alcohol, regardless of BAC level.
• § 23152(b) – A person is presumed to be under the influence if their BAC is 0.08% or higher.
• § 23140 – Individuals under 21 cannot drive with a BAC of 0.05% or more.
• § 23152(d) – Commercial drivers are subject to a lower BAC limit of 0.04%.

This means that even if a driver's BAC is below 0.08%, they can still be charged with DUI if law enforcement determines they are impaired based on field sobriety tests and other observations.
A DUI attorney near me can help challenge these determinations and fight unfair charges.

How Law Enforcement Determines Impairment

Police officers use several methods to determine if a driver is impaired:

Field Sobriety Tests (FSTs)

• Law enforcement may ask drivers to perform balance and coordination tests, such as walking in a straight line or standing on one leg.
• Poor performance on these tests can contribute to a DUI charge, even without a high BAC reading.

Breathalyzer and Chemical Testing

• A breathalyzer test estimates BAC levels through a breath sample.
• If a driver's BAC is 0.08% or higher, they are presumed legally intoxicated under § 23610.
• Blood and urine tests may be used if breath testing is unavailable or drug impairment is suspected.

Officer Observations
Slurred speech, bloodshot eyes, slow response time, or erratic driving behavior may be used as evidence of impairment.
Even if a driver's BAC is below 0.08%, an officer's subjective observations can lead to a DUI arrest. A lawyer for DUI near me can help dispute inaccurate assessments.

Penalties for Driving Under the Influence in California

California enforces harsh penalties for DUI convictions, which can escalate based on prior offenses and aggravating factors.

First-Time DUI Offense

• License suspension for up to 6 months (§ 13353.2)
• Fines and court fees up to $2,000
• DUI education program (3-9 months)
• Possible jail time (up to 6 months)
• Probation for 3-5 years

Second DUI Offense (Within 10 Years)

• License suspension for 2 years
• Increased fines and penalties
• Mandatory IID (Ignition Interlock Device) installation
• Jail time of up to 1 year
• Longer DUI education program

Felony DUI Charges
A DUI becomes a felony under the following circumstances:

• Fourth DUI offense within 10 years
• DUI causing serious injury or death (§ 23153)
• Prior felony DUI conviction

Felony DUIs can result in:

• State prison sentences
• License revocation for up to 4 years
• Heavy fines and permanent criminal record

A DUI defense lawyer near me can work to reduce charges, negotiate plea deals, or explore alternative sentencing to avoid harsh penalties.

What Happens After a DUI Arrest?

If you are arrested for driving under the influence, you will face criminal charges and an administrative license suspension from the DMV.

Immediate License Suspension

• Under § 13557, the DMV can immediately suspend a driver's license if their BAC is 0.08% or higher.
• Drivers must request a DMV hearing within 10 days to challenge the suspension.

Court Appearance and Charges

• DUI cases involve criminal court proceedings where the prosecution presents evidence.
• A DUI lawyer near me can challenge test results, officer testimony, and procedural errors.

Possible Defenses in a DUI Case

A DUI attorney can argue:

• The traffic stop was unlawful (no probable cause).
• The breathalyzer test was inaccurate or improperly administered.
• Medical conditions or diet led to false BAC readings.
• The field sobriety test results were misinterpreted.

By challenging the evidence, an experienced lawyer can reduce penalties or even get charges dismissed.

How to Protect Your Rights After a DUI Arrest

If you are arrested for DUI, take these steps to protect your rights:

• Remain calm and cooperate, but avoid making incriminating statements.
• Request to speak with a DUI attorney before answering questions.
• Request a DMV hearing within 10 days to fight your license suspension.
• Document everything—where you were, what you drank, and how the arrest happened.
• Contact a DUI defense lawyer as soon as possible.

Taking immediate action increases your chances of minimizing the consequences of a DUI charge.

How a DUI Lawyer Can Help

A DUI attorney near me can provide critical legal representation, helping clients:

• Challenge BAC test results and arrest procedures
• Negotiate reduced charges or alternative sentencing
• Fight for license reinstatement at a DMV hearing
• Defend against felony DUI charges

The sooner you consult a DUI defense lawyer near me, the stronger your defense strategy will be.

Final Thoughts
Driving under the influence is a serious offense in California, but a DUI arrest does not automatically mean a conviction. Law enforcement must prove beyond a reasonable doubt that you were impaired or exceeded the legal BAC limit, and many DUI cases have defensible weaknesses.
If you have been charged with DUI, working with an experienced DUI attorney can help you fight the charges, protect your license, and avoid severe penalties. Do not navigate the legal process alone—consult a DUI lawyer near me to explore your options.