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Los Angeles DUI Defense: How The Bulldog Fights VC § 23152(a) and (b) Charges

Posted by Bulldog Law | Mar 06, 2026

You were pulled over. You blew above a 0.08. Now the LAPD or Los Angeles County Sheriff's Department has slapped you with a DUI under VC § 23152(a) and (b) and your entire future hangs in the balance. Don't wait. Visit thebulldog to understand what a relentless defense looks like in Los Angeles.

A DUI charge in Los Angeles is not just a traffic matter. It is a criminal case heard at the Los Angeles County Superior Court, and it carries consequences that can destroy your driving privileges, your career, and your freedom. The Bulldog Law exists to fight back hard, fast, and without compromise.

What VC § 23152(a) and (b) Actually Mean

VC § 23152(a) makes it unlawful to drive under the influence of alcohol. VC § 23152(b) makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08% or higher. These are two separate charges and prosecutors in Los Angeles often file both simultaneously to maximize pressure on the defendant.

Subsection (a) is subjective. It asks whether your driving was impaired. Subsection (b) is per se if the number says 0.08, they argue the case is closed. But it isn't. Not even close.

How The Bulldog Challenges LAPD and LASD Evidence

The LAPD and LASD are not infallible. Their field sobriety tests are subjective, their breathalyzers require strict calibration protocols, and their arrest procedures must follow Fourth Amendment standards. Here is how we attack:

Breath test machines like the Draeger Alcotest must be maintained and calibrated on a documented schedule. We subpoena those records immediately. If the device was out of calibration or if the officer failed to observe you for the mandatory 15 minute deprivation period before testing that BAC number is challengeable.

Field sobriety tests (FSTs) are notoriously unreliable. The NHTSA's own studies show the walk and turn test has a significant false positive rate. Medical conditions, uneven pavement, poor lighting, and anxiety all affect performance. We depose the arresting officer and tear apart every observation.

If a blood draw was taken, chain of custody is everything. We demand the blood split sample and have it independently tested. We look for fermentation, contamination, and improper storage all of which can artificially inflate BAC results.

What to Do in the First 24 Hours After a Los Angeles DUI Arrest

This is where most people lose their case in the first 24 hours.

After a DUI arrest in Los Angeles, you will typically be booked at the nearest LAPD station or transferred to a Los Angeles County Sheriff's station. Depending on circumstances, you may be processed through the Twin Towers Correctional Facility or the Inmate Reception Center (IRC) in downtown Los Angeles.

You have 10 days from your arrest to request a DMV Administrative Per Se (APS) hearing. Miss that deadline and your license is automatically suspended. Call The Bulldog Law immediately we handle this hearing alongside your criminal case.

Do not take any roadside or post arrest breathalyzer tests without understanding your rights. Do not make statements to LAPD or LASD officers without counsel present. Invoke your right to an attorney immediately and say nothing else.

Arraignment in Los Angeles County typically occurs within 48 to 72 hours of arrest for in custody defendants, at the Los Angeles County Superior Court. We will be there.

Penalties You Are Facing Under VC § 23152

A first offense DUI in California can mean up to 6 months in county jail, fines exceeding $1,800 before penalty assessments (which routinely triple the total), a 6 month license suspension, DUI school, and 3 to 5 years of informal probation. A second offense brings mandatory jail time. A third offense triggers a 10 day minimum. A fourth DUI can be charged as a felony.

Enhancements apply if your BAC was 0.15% or above, if a minor was in the vehicle, or if you were speeding excessively. The Bulldog fights every enhancement, every time.

Frequently Asked Questions

What happens after a DUI arrest in Los Angeles?

After arrest by LAPD or LASD, you will be booked, potentially held at Twin Towers, and arraigned at Los Angeles County Superior Court within 48 72 hours. You also have 10 days to request a DMV APS hearing to contest your license suspension.

Can a DUI charge under VC § 23152 be dismissed in Los Angeles?

Yes. Charges can be dismissed if the traffic stop was unlawful, if breathalyzer calibration records are deficient, if field sobriety tests were improperly administered, or if the blood sample chain of custody was broken.

Is a DUI a felony in California?

A first, second, or third DUI is typically a misdemeanor. A fourth DUI or a DUI causing injury (VC § 23153) can be charged as a felony in Los Angeles County.

How long does a DUI stay on my record in California?

A DUI conviction stays on your California driving record for 10 years and is visible on criminal background checks indefinitely unless expunged.

Should I refuse a breathalyzer test in California?

Refusing a chemical test after a lawful DUI arrest triggers automatic license suspension under California's implied consent law (VC § 23612) and can be used against you. Speak to The Bulldog Law before making any decisions.

Facing charges in Los Angeles? The Bulldog Law fights for you relentlessly, in state and federal court. Visit our blog for more resources.

About the Author

Bulldog Law

Bulldog Law is a dedicated criminal defense, personal injury, and cryptocurrency dispute resolution firm with licensed attorneys and experienced support staff across California. Our team of trial attorneys, paralegals, and legal professionals brings decades of combined experience handling complex state and federal matters  including serious felonies, DUI, domestic violence, special education law, employment disputes, and high-stakes crypto fraud recoveries. We pride ourselves on thorough case preparation, aggressive advocacy, and personalized client service. Every blog post is researched and reviewed by members of our legal team to provide practical, up-to-date information for individuals and businesses facing legal challenges. If you need trusted legal representation or have questions about your case, contact Bulldog Law today at (888) 928-1609 for a confidential consultation. Offices throughout California including Glendale, Sacramento, San Francisco, San Diego, and more.

We offer criminal defense, immigration, personal injury and cryptocurrency legal services in both English and Spanish. Call us at (888) 928-1609 for a free consultation.


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