DUI

In California, driving under the influence (DUI) is prosecuted under Vehicle Code 23152. You can be charged with DUI if your blood alcohol content (BAC) is .08% or higher, or if you’re impaired by drugs—including legal prescription medications and marijuana. Unlike what many people believe, you don’t have to be obviously intoxicated or driving dangerously to be arrested. California has “per se” DUI laws, meaning that if your BAC is .08% or above, you’re presumed impaired regardless of how well you were actually driving. For commercial drivers, the threshold drops to .04%, and for drivers under 21, any measurable alcohol (.01% or higher) is illegal.

These charges are prosecuted aggressively throughout San Luis Obispo, Santa Maria, and Lompoc because law enforcement and district attorneys view DUI as a serious public safety threat. California spends millions on DUI enforcement through sobriety checkpoints, saturation patrols, and DUI task forces. Prosecutors are evaluated on their conviction rates for DUI cases, and judges face public pressure to impose harsh sentences. This means even first-time offenders with no prior criminal history can face jail time, substantial fines, license suspension, and mandatory alcohol programs. The political reality is that DUI cases are prosecuted more vigorously than many other misdemeanors, even when no accident or injury occurred.

Common circumstances leading to DUI arrests include traffic stops for minor violations like a broken taillight or failure to signal, where officers then claim to smell alcohol; sobriety checkpoints where drivers are screened systematically; accidents where alcohol is suspected but may not have been a factor; and situations where someone makes the responsible choice to sleep in their car but is arrested for being in “actual physical control” of the vehicle. We’ve represented clients who were under the legal limit at the time of driving but over the limit when tested an hour later at the station, clients who failed field sobriety tests due to medical conditions, and clients whose breathalyzer results were inaccurate due to equipment malfunction or operator error.

Types of DUI Charges We Defend

We handle all DUI charges in San Luis Obispo, Santa Maria, and Lompoc:

Common DUI Offenses

• First-Time DUI (VC 23152(a) & (b)) – Driving under the influence of alcohol or with a BAC of .08% or higher, typically charged as a misdemeanor with penalties including up to 6 months in jail, though most first offenders avoid custody with proper representation.
• Second DUI (VC 23152(a) & (b) with prior) – A second DUI within 10 years carries enhanced penalties including mandatory jail time (minimum 96 hours to 1 year), longer license suspension, and extended DUI program requirements.
• Third DUI (VC 23152(a) & (b) with 2+ priors) – Three DUIs within 10 years results in mandatory jail (minimum 120 days to 1 year), 3-year license suspension, and designation as a habitual traffic offender.
• DUI with BAC .15% or Higher – Enhanced penalties apply when BAC exceeds .15%, including longer DUI programs (9 months instead of 3 months) and judges being less lenient at sentencing.
• Underage DUI (VC 23136 & 23140) – Drivers under 21 face zero-tolerance laws, with any measurable alcohol (.01%+) resulting in automatic license suspension and potential criminal charges if BAC is .05% or higher.
• DUI with a Minor in the Vehicle (VC 23572) – Having a child under 14 in the car during a DUI adds mandatory jail time (48 hours minimum) and can result in child endangerment charges.

Serious DUI Felonies

• Felony DUI (Fourth or Subsequent DUI) – A fourth DUI within 10 years, or any DUI after a prior felony DUI conviction, is automatically charged as a felony carrying 16 months to 3 years in state prison.
• DUI Causing Injury (VC 23153) – When a DUI results in injury to another person, it’s a “wobbler” that can be charged as a misdemeanor (up to 1 year jail) or felony (up to 4 years prison), depending on the severity of injuries and your criminal history.
• DUI Causing Death / Vehicular Manslaughter (PC 191.5) – A DUI that results in someone’s death can be charged as gross vehicular manslaughter while intoxicated (4-10 years prison) or murder if there’s prior DUI history and conscious disregard for life (“Watson murder”).
• DUI with Great Bodily Injury Enhancement (PC 12022.7) – When DUI causes serious injury, an additional 3-6 years can be added to the sentence on top of the underlying DUI charge.

Related DUI Charges Often Filed Together

• Driving on a Suspended License (VC 14601.2) – Often charged when someone is arrested for DUI while their license was already suspended from a prior DUI, adding additional mandatory jail time and penalties.
• Reckless Driving (VC 23103) – Sometimes DUI charges are reduced to “wet reckless” (reckless driving involving alcohol) as part of a plea agreement, carrying lighter penalties but still counting as a prior for future DUI cases.
• Driving with a Suspended License for DUI (VC 14601.5) – Driving while your license is suspended specifically due to DUI carries mandatory jail time (10 days minimum) and additional license suspension.
• Refusal Enhancement (VC 23577/23578) – Refusing a chemical test after arrest adds mandatory jail time (48 hours minimum for first offense) and results in automatic license suspension even if you’re ultimately acquitted.

Additional DUI Offenses

• DUI of Drugs (VC 23152(f)) – Driving under the influence of any drug, including marijuana, methamphetamine, prescription medications like opioids or benzodiazepines, or over-the-counter sleep aids.
• Combined Alcohol and Drug DUI (VC 23152(g)) – Driving under the combined influence of alcohol and drugs, even if neither alone would cause impairment, carries the same penalties as standard DUI.
• Commercial Driver DUI (VC 23152(d)) – Commercial drivers face stricter standards (.04% BAC limit) and automatic loss of commercial driving privileges for one year on first offense, lifetime for second.
• DUI on a Bicycle (VC 21200.5) – Riding a bicycle under the influence is a misdemeanor with maximum penalty of $250 fine, but no jail time or license suspension.
• Boating Under the Influence (HN 655) – Operating a boat or watercraft with .08% BAC or higher carries penalties similar to DUI, though it doesn’t affect your driver’s license.

This list represents the most common DUI charges we defend, but we handle all criminal charges in this category. If you’re facing charges not listed here, or you’re unsure exactly what you’ve been charged with, we can help. Criminal charging documents can be confusing, and understanding what you’re actually facing is the first step in building your defense.

The Two Cases You’re Fighting: Criminal Court and DMV

A DUI arrest triggers two separate proceedings, and you need to win both

The Criminal Case (Your Record & Freedom)

This is prosecuted by the district attorney and determines whether you’re convicted of DUI. Possible outcomes range from dismissal to jail time, fines, probation, DUI programs, and a permanent criminal record. We defend you in court, challenge the evidence, negotiate with prosecutors, and take your case to trial if necessary.

The DMV Administrative Hearing (Your License)

You have only 10 days from your arrest to request a DMV hearing, or your license will automatically be suspended. This administrative process is separate from the criminal case and focuses solely on whether you were driving with a BAC of .08% or refused chemical testing. We represent you at the DMV hearing, cross-examine the arresting officer, and fight to save your driving privileges while the criminal case proceeds.

Both cases matter. Winning the criminal case but losing at DMV means you still lose your license. Winning at DMV but losing the criminal case means you have a DUI conviction on your record. You need representation in both proceedings.

Penalties for DUI Convictions

DUI convictions can result in:

• Jail time – First DUI: up to 6 months (most avoid custody); Second DUI: 96 hours to 1 year mandatory; Third DUI: 120 days to 1 year mandatory; Fourth DUI/Felony: 16 months to 3 years state prison
• Substantial fines and fees – Court fines of $390-$1,000 plus penalty assessments typically totaling $1,800-$2,800, along with DUI program costs ($500-$2,500), license reissue fees, and increased insurance rates
• License suspension – First DUI: 6 months (may get restricted license for work); Second DUI: 2 years; Third DUI: 3 years; Fourth DUI/Felony: 4 years; Refusal: 1 year (no restricted license for first 12 months)
• DUI program requirements – First offender: 3-month program (9 months if BAC .15%+); Second DUI: 18-month program; Third DUI: 30-month program; all requiring weekly classes, alcohol education, and fees
• Ignition interlock device (IID) – California law now requires IID installation for most DUI convictions, requiring you to blow into a breathalyzer before your car will start, with monthly monitoring fees
• Probation – Typically 3-5 years informal probation with conditions including no driving with any alcohol in system, submit to chemical testing, no new violations, complete DUI program, and pay all fines
• SR-22 insurance – High-risk insurance certificate required for 3 years, typically doubling or tripling your insurance premiums, costing thousands over the SR-22 period
• Professional license consequences – Healthcare workers, commercial drivers, teachers, attorneys, pilots, and many licensed professionals must report DUI convictions, potentially facing disciplinary action or license suspension
• Immigration consequences – While a simple first-time DUI is generally not deportable, multiple DUIs or DUI causing injury can be considered crimes involving moral turpitude or aggravated felonies affecting immigration status
• Employment impact – Commercial drivers lose their CDL; positions requiring driving face termination; background checks reveal the conviction; professional licenses may be suspended
• Permanent criminal record affecting employment, housing, education opportunities, and professional licenses for life

Why You Need an Attorney for DUI Charges

Early Intervention Changes Everything

The 10-day DMV deadline is absolute. If you don’t request a hearing within 10 days of your arrest, your license is automatically suspended—no hearing, no appeal, no chance to present evidence. Beyond the DMV deadline, early representation means we can review the police report for inconsistencies, interview witnesses before memories fade, obtain video evidence before it’s deleted, and identify defenses while the details are fresh. We’ve had cases dismissed because we acted quickly—catching errors in the arrest report, identifying Fourth Amendment violations, or discovering breathalyzer calibration problems.

These Cases Are Complex

DUI cases involve multiple areas of law and science that prosecutors hope you won’t understand. Was the traffic stop legally justified? Were field sobriety tests administered correctly according to National Highway Traffic Safety Administration standards? Was the breathalyzer properly calibrated and maintained? Did the officer wait 15 minutes before administering the breath test to ensure mouth alcohol didn’t cause a false reading? Was your blood sample stored at proper temperature and analyzed correctly? Did rising blood alcohol mean you were under .08% while driving but over .08% when tested an hour later? We know how to challenge the science, attack the procedures, and identify weaknesses that typical prosecutors gloss over.

The Consequences Are Permanent

A DUI conviction follows you forever. It shows up on every background check. It explains why your insurance rates doubled. It’s why you can’t drive for Uber or get that CDL job. If you’re arrested for DUI again within 10 years, prosecutors will use your prior conviction to argue for jail time. And if you’re in an accident years from now, your old DUI can be used against you civilly and criminally. Even if you complete probation successfully, the conviction never comes off your record unless you were charged with wet reckless and complete all terms. That’s why fighting the case now, rather than just pleading guilty, can protect your future in ways that matter for decades.

Experience Matters

We’ve defended DUI cases in San Luis Obispo, Santa Maria, and Lompoc courts for over 15 years. We know which judges grant suppression motions for illegal stops. We know which prosecutors are willing to negotiate wet reckless reductions. We know which breathalyzer machines have histories of giving false readings. We know how local DUI task forces operate and the common errors they make. We’ve cross-examined the same officers dozens of times and know their weaknesses. That local knowledge informs our defense strategy from the moment you call us through trial or DMV hearing or sentencing.

How Central Coast Criminal Defense Can Help

With over 15 years of experience defending DUI cases throughout San Luis Obispo, Santa Maria, and Lompoc, we provide:

• Thorough Case Investigation – We review police reports for procedural errors and Fourth Amendment violations, examine breathalyzer maintenance and calibration records, analyze blood test chain of custody and lab procedures, investigate rising blood alcohol defenses, and obtain video evidence from patrol cars and body cameras.
• Strategic Defense Development – We file motions to suppress evidence from illegal stops, challenge the administration and reliability of field sobriety tests, contest breathalyzer and blood test accuracy using expert witnesses when necessary, investigate medical conditions that mimic intoxication or affect test results, and develop rising blood alcohol defenses showing you were under .08% while driving.
• Skilled Negotiation – We work with prosecutors to negotiate reduced charges to wet reckless or dry reckless when appropriate, present mitigating circumstances including clean driving records and circumstances of the stop, advocate for alternatives to jail including work release or electronic monitoring, and pursue dismissals when evidence is weak or constitutional violations occurred.
• DMV Hearing Representation – We request your DMV hearing within the 10-day deadline, prepare comprehensive defenses specific to administrative law, cross-examine the arresting officer about inconsistencies and procedural errors, present evidence challenging the reliability of chemical tests, and fight to prevent or minimize license suspension.
• Personal Attention – You work directly with experienced trial attorneys who understand the science behind DUI testing, the procedures law enforcement must follow, and the defenses that work in local courts, and we’re available to answer questions about your criminal case, DMV hearing, and what to expect at each stage.

We understand that DUI arrests often involve responsible people who made a mistake, people who felt fine to drive but were over the legal limit, or people who were arrested despite being sober due to failed field sobriety tests or faulty equipment. We’ve represented teachers, nurses, business owners, and working parents who can’t afford to lose their licenses or have a DUI conviction on their record. We’ve defended clients whose breathalyzers malfunctioned, clients who were under .08% while driving, and clients who should never have been stopped in the first place.

Our approach focuses on the specific facts of your case. Was the stop legal? Are the test results reliable? Can the prosecution prove you were actually impaired while driving? Is there a rising blood alcohol defense? We examine every detail, challenge every assumption, and work within the system to protect your license, your record, and your future.

DUI charges can be defended. Between suppression motions, technical defenses, negotiation, and trial, there are multiple paths to favorable outcomes. We know how to navigate those paths because we’ve done it hundreds of times in these specific courts. Whether you’re facing a first-time DUI or a felony fourth offense, whether your BAC was barely over the limit or significantly elevated, we’re here to provide the representation you need.

Don’t Wait—Call Us Today

You have only 10 days from your arrest to request a DMV hearing, or your license will be automatically suspended. This deadline is absolute, and missing it means losing your right to drive before you’re even convicted of anything.

Call Central Coast Criminal Defense at (805) 621-7181 immediately for a free, confidential consultation. We’ll review your arrest, request your DMV hearing if you’re within the 10-day window, explain both the criminal case and DMV process, and discuss your defenses based on our experience with DUI cases in local courts.

Your license, your record, your future—all three are at stake. Let’s protect what we can.