After a DUI arrest, some people assume conviction is inevitable. However, many DUI cases have viable defenses that can lead to reduced or dismissed charges.
Let’s explore whether it’s worth fighting a DUI charge in California and how an experienced defense lawyer can help.
Understanding the Consequences of a DUI Conviction
In California, DUI charges are typically filed under Vehicle Code § 23152(a) (driving under the influence of alcohol) or § 23152(b) (driving with a blood alcohol concentration of 0.08% or higher).
A conviction can carry significant penalties. For instance, penalties for a first-time DUI conviction (non-injury) could include:
- 3 to 5 years of informal probation
- $390 to $1,000 in base fines, often reaching closer to $1,800–$2,500 with court assessments
- A mandatory DUI education program of 3, 6, or 9 months
- Up to 6 months of jail time, though this is rare for a first offense without aggravating factors
Penalties increase substantially for repeat offenses, DUIs involving injury, or cases with other aggravating factors.
A conviction also results in a criminal record that may affect employment and professional licensing. Separately, under Vehicle Code § 13353.2, the DMV can impose an Administrative Per Se (APS) license suspension. You typically have only 10 days from the date of arrest to request an APS hearing. If no hearing is requested, the suspension typically begins 30 days after arrest and lasts 4 months for a first offense, unless a restricted license is obtained.
How a DUI Defense Lawyer Can Help
A DUI defense lawyer reviews the circumstances of your arrest to identify weaknesses in the prosecution’s case, such as:
- Whether the traffic stop was lawful
- How field sobriety tests were conducted
- Whether breath or blood testing followed the required procedures
- If your constitutional rights were upheld during the arrest
Note that the criminal case and the DMV process are separate matters. An experienced California DUI defense attorney can coordinate strategy across both proceedings.
Contact Our DUI Defense Lawyers at Shnider Law Firm in the Bay Area
If you’re facing a DUI charge in Santa Clara County or elsewhere in the Bay Area, it may be worth discussing your options with an attorney. At Shnider Law Firm, Managing Attorney Aaron Shnider brings over 16 years of trial experience, including time served as a prosecutor and a deputy public defender: a background that provides a real advantage in anticipating how the other side will build its case.
For more context on what comes next, read about the immediate steps to take after a DUI arrest and what your legal options are. When you’re ready, contact our team for a free, confidential consultation to discuss your situation.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Every DUI case is unique. Consult a qualified DUI defense attorney in California to discuss your specific situation.
About the Author: Aaron Shnider
