It only takes a few drinks, a traffic stop, and one bad decision to find yourself in handcuffs. For many people, a DUI is their first encounter with the criminal justice system. It’s confusing, stressful, and potentially life-changing. But just because you’ve been charged doesn’t mean your case is open and shut. If you’re facing a DUI charge in California, here’s what you need to know.
What Is a DUI in California?
In California, you can be charged with DUI (driving under the influence) in two main ways:
- If your blood alcohol concentration (BAC) is 0.08% or higher, you’re automatically over the legal limit. This is known as a “per se” DUI.
- If an officer believes your ability to drive was impaired due to alcohol or drugs—regardless of BAC—you can also be charged.
And it’s not just alcohol. Driving under the influence of marijuana, illegal drugs, or even certain prescription medications can result in a DUI arrest. It doesn’t matter if the substance was legal—if it affected your driving, it can still land you in trouble.
Misdemeanor vs. Felony DUI: What’s the Difference?
Most first, second, and even third DUIs are charged as misdemeanors in California. These cases still carry severe penalties, but they don’t come with the long-term consequences of a felony.
A DUI may be charged as a felony if:
- It’s your fourth DUI in ten years
- Someone was injured or killed
- You already have a prior felony DUI conviction
Felony DUI charges can lead to state prison time and long-term impacts on your career, housing, and civil rights. That’s why it’s so important to know what you’re facing—and have someone ready to defend you.
What Are the Penalties for a DUI?
Even for a first offense, the penalties in California are no joke. You could be looking at:
- Fines, court fees, and other financial penalties
- Up to 6 months in county jail
- Suspension of your driver’s license
- Mandatory DUI education programs
- Probation or community service
- Installation of an ignition interlock device (IID)
If you have prior convictions or aggravating factors (e.g, a high BAC or a child in the car, penalties can increase quickly.
What Happens After a DUI Arrest?
There are two tracks in a California DUI case:
- DMV Hearing: You have just 10 days from the date of arrest to request a DMV hearing. If you don’t, your license will be automatically suspended—even before your court case begins.
- Criminal Court: This is where the formal DUI charges are handled. You’ll attend an arraignment, and your attorney can begin negotiating, filing motions, or preparing for trial.
Don’t wait to get legal help. Time is not on your side when it comes to protecting your license and building a defense.
How Can You Fight a DUI?
A DUI charge doesn’t always mean a conviction. There are many ways to challenge the case, depending on the circumstances. Some common defenses include:
- Improper traffic stop (lack of probable cause)
- Faulty breathalyzer or blood test
- Medical conditions that mimic signs of intoxication
- Rising BAC (your BAC was legal while driving, but rose afterward)
- Unreliable field sobriety tests
Every DUI case is different. What matters is getting someone on your side who knows what to look for and how to push back.
Don’t Face a DUI Alone
Getting arrested for DUI can feel like the end of the road. But it’s not. With the right legal strategy, you may be able to reduce the charges, avoid jail, or even get the case dismissed.
At The Law Offices of Johnson & Johnson, we’ve defended clients across Contra Costa County and the Bay Area since 1993. We handle every case with the seriousness it deserves—and we don’t back down when your future is on the line. If you’ve been charged with DUI, don’t wait to get help. Contact us today to schedule a complimentary consultation.