Driving under the influence (DUI) is one of the most commonly prosecuted crimes in California, and a conviction can have serious consequences that affect your freedom, finances, and future. From license suspension to increased insurance rates, the impact of a DUI extends far beyond the courtroom. If you are facing DUI charges, you need a defense attorney with the knowledge, skill, and strategic insight to challenge the case against you.
Understanding DUI Laws in California
California Vehicle Code §23152 makes it illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for most drivers, 0.04% for commercial drivers, and 0.01% for drivers under 21 or those on DUI probation. The law also prohibits driving while under the influence of drugs, whether prescription, over-the-counter, or illegal substances.
DUI penalties can vary depending on whether it’s a first offense or a repeat offense, whether an accident occurred, and whether there were injuries involved. Consequences may include:
- Fines and court costs
- Mandatory DUI education programs
- Probation or jail time
- Driver’s license suspension or revocation
- Installation of an ignition interlock device (IID)
How Former Prosecutor Experience Gives You an Advantage
At Simmons Wagner, LLP, we bring the unique perspective of having prosecuted DUI cases before defending them. This allows us to anticipate the prosecution’s arguments, identify weaknesses in their evidence, and craft a defense that directly counters their strategy.
Challenging the Evidence
Many DUI cases hinge on the accuracy and legality of chemical and field sobriety tests. Our defense approach often involves:
- Questioning the reliability and calibration of breathalyzers
- Investigating whether blood samples were properly collected, stored, and analyzed
- Examining the officer’s training and adherence to DUI stop protocols
- Challenging the legality of the traffic stop or arrest
- Presenting evidence of medical conditions or environmental factors that could cause false BAC readings
Even if the prosecution claims your BAC was over the legal limit, there are often ways to undermine the validity of that evidence.
DMV Hearings and License Protection
In addition to criminal charges, a DUI triggers an administrative process with the California Department of Motor Vehicles (DMV). You only have 10 days from the date of your arrest to request a DMV hearing to fight the automatic license suspension. We represent clients in both the criminal court and DMV proceedings to protect driving privileges and minimize disruption to daily life.
Negotiating for Reduced Charges
Not every DUI case goes to trial. In some situations, it may be possible to negotiate for reduced charges, such as a “wet reckless” or “dry reckless,” which carry lighter penalties and fewer long-term consequences. Our ability to negotiate effectively comes from our deep understanding of how prosecutors assess DUI cases.
The High Cost of a Conviction
A DUI conviction can impact your life for years, raising insurance premiums, creating a permanent criminal record, and affecting job opportunities—especially in professions that require driving. For repeat offenders or cases involving injuries, penalties can be even more severe, including lengthy prison terms.
Take Immediate Action
The clock starts ticking the moment you are arrested for DUI. Early intervention gives us the best chance to gather evidence, challenge the state’s case, and protect your license. If you have been charged with DUI in Southern California, contact Simmons Wagner, LLP at (949) 439-5857 right away for a confidential consultation. We will fight to protect your rights, your driving privileges, and your future.