A DUI charge in California can move quickly from a traffic stop to criminal prosecution, license consequences, and long-term record issues. Prosecutors can pursue a DUI based on alleged impairment, blood alcohol content, or both. At the Law Offices of Johnson & Johnson, we represent individuals facing DUI prosecution in Contra Costa County and throughout California and focus on challenging how the arrest, testing, and evidence were handled. If you are dealing with a DUI charge, early legal representation can shape what evidence is admitted, how the case proceeds, and what outcomes are realistically possible.
Why Choose the Law Offices of Johnson & Johnson for a California DUI Case
DUI prosecution is highly technical. Outcomes often turn on details that are easy to miss without focused defense experience. We approach DUI cases by carefully reviewing the stop, the investigation, and the testing process.
What sets our firm apart includes:
- Direct involvement from attorneys who handle DUI defense regularly
- Detailed review of breath and blood testing procedures
- Experience addressing both criminal court and DMV actions
- Early intervention to preserve evidence and deadlines
- Clear communication about risks, options, and next steps
We understand how DUI cases are built in California courts and how to push back when the evidence does not support the charge.
How DUI Prosecution Works Under California Law
California Vehicle Code section 23152 allows prosecutors to pursue DUI charges in two primary ways. One theory focuses on whether a driver was under the influence of alcohol or drugs while driving. The other focuses on whether the driver’s blood alcohol content was at or above 0.08 percent at the time of driving.
These theories can be charged together. A person can face DUI prosecution even without unsafe driving if chemical testing is used to support the charge. At the same time, test results are not immune to challenge. Timing, collection methods, and chain of custody all matter.
What Happens to a First-Time DUI Offense in California?
A first-time DUI is typically charged as a misdemeanor, but the consequences are still serious and can follow a driver long after the case ends. Penalties can include fines, probation, DUI education programs, and license restrictions. Jail is possible, even if it is not imposed in every case.
Beyond court penalties, a first DUI also triggers a separate DMV process that can lead to license suspension. These proceedings follow different rules and deadlines from those used in criminal court. Addressing both tracks early can reduce long-term disruption.
What Percent of DUI Cases Get Dismissed in California?
There is no fixed percentage of DUI cases that are dismissed. Outcomes vary widely based on the facts of the stop, the strength of the testing evidence, and how the case is defended. Some cases are dismissed due to unlawful stops, testing problems, or procedural errors. Others are reduced or resolved through negotiated outcomes.
What matters most is whether the prosecution can meet its burden using legally obtained and reliable evidence. Our role is to test every step of that process.
What Is the New Law for DUI in California?
California has enacted DUI law changes taking effect in 2025 and 2026 that expand ignition interlock device requirements and affect sentencing options. In many cases, DUI offenders, including some first-time offenders, may be required to install an ignition interlock device as a condition of restricted driving privileges. Recent legislation has also adjusted probation terms and enforcement standards in DUI-related cases. Because specific rules depend on your charge and history, discussing how current law applies to your case is important.
What Is the 3-Hour Rule for DUI in California?
The “3-hour rule” refers to a presumption used in DUI cases involving chemical testing. If a breath or blood test is taken within three hours of driving and shows a blood alcohol level of 0.08 percent or higher, the result is presumed to reflect the driver’s level at the time of driving.
This presumption can be challenged. Factors such as alcohol absorption, testing delays, and individual physiology can affect results. These issues are often central to DUI defense.
How We Defend DUI Prosecution Cases
DUI defense often focuses on questions such as:
- Was the traffic stop lawful?
- Were field sobriety tests administered properly?
- Was the breath or blood test reliable and timely?
- Does the evidence show impairment at the time of driving?
We examine police reports, video footage, testing records, and procedural compliance. Small errors can have a significant impact when challenged effectively.
Talk With a California DUI Defense Attorney
A DUI charge can affect your license, employment, and record long before a case is resolved. We help clients in Contra Costa County and throughout California understand what they are facing and take action early to protect their rights. Contact the Law Offices of Johnson & Johnson to discuss your DUI case and learn how we can help you respond to prosecution with a clear strategy.
DUI Prosecution in California: Frequently Asked Questions
Can a DUI be charged without a breath or blood test?
Yes. Prosecutors can pursue DUI charges based on observations, field tests, and other evidence, even without chemical testing.
Will a DUI stay on my record permanently?
A DUI conviction stays on a California criminal record unless specific post-conviction relief is granted.
Do I have to appear in court for a DUI case?
Court appearances are often required, but in some situations, an attorney may be able to appear on your behalf.