Los Angeles DUI Defense Lawyer

Los Angeles DUI Defense Lawyer

LAPD pulled you over at a DUI checkpoint. You performed field sobriety tests. The breathalyzer showed 0.08%. Officer arrested you and confiscated your license. You got a pink temporary license that expires in 30 days. Court date is six weeks away. You’re terrified of losing your job, your license, going to jail. Thanks for visiting Spodek Law Group – a second generation law firm with over 50 years of combined experience. Our managing partner, Todd Spodek, has many, many, years of experience defending clients in high-profile cases covered by NY Post, Newsweek, and other national outlets – including Anna Delvey and juror misconduct allegations in the Ghislaine Maxwell trial.

What DUI Is

California prosecutors charge you with two separate crimes for a single DUI arrest. California Vehicle Code Section 23152(a) criminalizes driving under the influence. Prosecution proves you were impaired, regardless of BAC. Driving pattern, field sobriety tests, officer observations of slurred speech or bloodshot eyes prove impairment.

California Vehicle Code Section 23152(b) criminalizes driving with BAC 0.08% or higher. Prosecution doesn’t need to prove impairment. Only needs to prove BAC. Breathalyzer shows 0.08%+ and you violated 23152(b) even if you drove perfectly.

Prosecutors charge BOTH 23152(a) AND 23152(b). You face two charges. Prosecutors hedge their bets. If your attorney challenges breathalyzer results, prosecutor still has the impairment charge. If your attorney argues no impairment, prosecutor still has the per se charge.

BAC limits: 0.08% for drivers 21+. 0.04% for commercial drivers. 0.01% for drivers under 21.

California Vehicle Code Section 23152(f) criminalizes driving under influence of drugs. Includes marijuana, prescription medications like Xanax or Vicodin. Officers request blood test to detect drugs. You can be convicted even if you took medication as prescribed.

Penalties

First-time DUI conviction is typically a misdemeanor. Maximum jail sentence is six months in Los Angeles County Jail. Most first-time offenders receive probation, but judges can impose jail if BAC over 0.15%, refusal to test, or accident causing property damage. Base fine ranges from $390 to $1,000. California adds penalty assessments that increase the total to $2,500 to $3,600. The $390 base fine becomes $2,500 after penalty assessments. Court imposes three years informal probation. You must comply with probation conditions: no driving with any alcohol, no refusing chemical tests, completing DUI school. Violate probation and court can sentence you to jail.

Court orders three-month DUI education program (AB541). Program costs $500 to $1,000. If BAC was 0.20%+, court may order six or nine-month program. California requires all DUI offenders to install Ignition Interlock Device in all vehicles. IID became mandatory statewide January 1, 2019. Every first-time offender must install IID for six months. Six months. Blow into device before starting car. Device detects alcohol and vehicle won’t start. Device requires random rolling retests while driving. You pay IID installation and monthly fees, $70 to $150 per month. DMV requires SR-22 insurance certificate for three years. Insurance companies classify DUI offenders as high-risk and increase premiums significantly. Premiums remain elevated three to five years.

DUI conviction creates permanent criminal record. Misdemeanor appears on background checks by employers, landlords, licensing boards. Many employers terminate employees after DUI, especially if job requires driving. Professional licenses can be suspended or revoked. Canada can deny entry because Canada considers DUI a felony.

DMV Deadline

Officer confiscated your license and gave you pink temporary license valid for 30 days. Pink slip is Order of Suspension. DMV suspends your license in 30 days unless you request Administrative Per Se hearing within 10 days.

You face two separate proceedings. Criminal court case determines conviction and penalties. DMV hearing determines license suspension. The two are independent. You can lose license at DMV hearing even if acquitted in criminal court.

You have 10 days to request DMV hearing. Ten days. Request within 10 days and DMV stays suspension pending hearing. Don’t request within 10 days and DMV automatically suspends your license 30 days after arrest. No hearing. No challenge. You lose license because you missed deadline.

DMV suspension length depends on whether you took chemical test and your BAC. Chemical test + BAC under 0.20% = four-month suspension. Chemical test + BAC 0.20%+ = six-month suspension. Refused chemical test = one-year suspension.

California allows Ignition Interlock Device restricted license during suspension. You must enroll in DUI school, file SR-22 insurance, pay $125 DMV fee, install IID in all vehicles. IID restricted license lets you drive anywhere anytime with IID installed.

DMV hearing officer (DMV employee, not judge) conducts hearing. Less formal than criminal trial. Hearing focuses on four issues: reasonable cause to stop you, probable cause to arrest, BAC 0.08%+, proper advisement about refusing chemical test. Your attorney cross-examines officer, challenges breathalyzer accuracy, presents evidence stop was unlawful.

Defenses and Reductions

Many people think no defense exists if breathalyzer showed 0.08%+. Wrong.

Fourth Amendment prohibits stops without reasonable suspicion. LAPD officer lacked reasonable suspicion and attorney files motion to suppress all evidence. Without evidence, prosecution cannot prove charges. Case dismissed. Officers claim weaving, failing to signal, touching lane line. These justifications can be challenged as pretextual stops.

Field sobriety tests are subjective. Knee injuries, inner ear problems, neurological disorders cause you to fail tests even when sober. Attorney challenges officer’s administration and argues performance was affected by non-alcohol factors.

Breathalyzers require calibration. LAPD maintains calibration records. Attorney subpoenas records to examine whether device was calibrated. Breathalyzers produce inaccurate results if you have mouth alcohol from GERD, dental work, mouthwash. Officer must observe you 15 minutes before breath test. Officer didn’t observe you properly and test can be challenged.

Rising BAC defense applies when BAC was under 0.08% while driving but rose above 0.08% by time of test. Alcohol takes 30-90 minutes to absorb. Last drink shortly before driving means BAC still rising. You were 0.06% while driving (legal), reached 0.09% by breath test 45 minutes later. Prosecution must prove BAC was 0.08%+ at time of driving, not testing. Attorney presents toxicologist testimony to establish BAC was under limit while driving.

Blood tests must comply with Title 17 regulations. Common violations: failure to use non-alcohol disinfectant, failure to mix with preservative, failure to refrigerate sample. Improperly preserved blood ferments, creating alcohol that didn’t exist. Attorney reviews chain of custody to identify Title 17 violations.

California Vehicle Code Section 23103.5 allows plea bargain to wet reckless (reckless driving involving alcohol). Wet reckless is lesser offense with reduced penalties. Probation one to two years instead of three. Lower fines. No automatic license suspension (DMV can still suspend through APS). Wet reckless is priorable (counts as prior if arrested again within 10 years). Still better than DUI because it avoids mandatory six-month suspension.

California Vehicle Code Section 23103 criminalizes reckless driving without alcohol. Dry reckless is not priorable, doesn’t require DUI school, doesn’t trigger suspension. Prosecutors rarely offer dry reckless unless evidence is weak and BAC borderline.

Lawyer NOW

You need attorney immediately for two critical reasons: 10-day DMV deadline and opportunity to prevent LA County DA from filing charges.

Attorney must request DMV hearing within 10 days. Hire attorney on day 11 and you missed deadline. License automatically suspends in 30 days. Attorney represents you at DMV hearing, cross-examines officer. Win DMV hearing and you keep license even if convicted in criminal court. Many people don’t realize DMV hearing is separate from criminal case. Wrong. You must request hearing within 10 days or lose right to challenge suspension.

LA County DA files DUI charges 10-14 days after arrest. Before DA files, attorney collects exculpatory evidence and presents to deputy DA. Exculpatory evidence: photographs showing no impairment, witness statements, medical records showing knee injury affecting field tests, calibration records showing breathalyzer not maintained. Evidence clearly shows officer lacked probable cause or BAC test unreliable and DA may decline to file. Once filed, dismissal becomes harder and more expensive. Early attorney involvement stops case before it starts.

Biggest mistake: assuming case is hopeless because breathalyzer showed 0.08%+. Breathalyzer has margin of error. Machine may not be calibrated. BAC may have been under 0.08% while driving and rose by testing. Officer may have lacked reasonable suspicion. Defenses only work if attorney investigates early and preserves evidence.

Many defendants think pleading guilty without lawyer saves money. False economy. DUI conviction costs $10,000+ (fines, penalty assessments, insurance increases, DUI school, IID rental). Wet reckless costs significantly less and avoids mandatory suspension. Money spent on attorney saves thousands in long-term costs.

Los Angeles County Superior Court handles DUI at Airport Courthouse (11701 S La Cienega Blvd), Van Nuys Courthouse (14400 Erwin St Mall), Clara Shortridge Foltz Criminal Justice Center (downtown LA). Arraignment scheduled 30-60 days after arrest.

Unlike other law firms who maintain relationships with prosecutors and encourage plea deals, Spodek Law Group fights aggressively for dismissal or acquittal. We challenge traffic stop legality. We subpoena breathalyzer calibration records. We cross-examine officers at DMV hearings. We file motions to suppress evidence from Fourth Amendment violations. We force prosecutors to prove every element beyond reasonable doubt. We are available 24/7 for risk-free consultation.

Don’t talk to police. Don’t miss the deadline. Don’t miss the deadline. Call now. 212-300-5196.