Payment PlansLos Angeles DUI Lawyer
Arrested for a DUI in Los Angeles? The Law Offices of David S. Chesley is here to help. Our Los Angeles DUI defense lawyers have over 50 years of combined courtroom experience fighting these charges in both criminal court and at the DMV. We can help you defend your license and your freedom.
After a DUI arrest, you need to act fast. The first thing you should do is reach out to an experienced DUI attorney to help guide you through the process. Then, they can help you prepare a defense in criminal court and schedule a DMV hearing.
Don't let one mistake define your future. Call us today at (800) 755-5174 for a free review of your case with an expert DUI lawyer.
Reviewed by Attorney David S. Chesley, September 2026. California criminal defense since June 2005, SBN 236611.
Key Points
- BAC legal limits are 0.08 for general drivers, 0.01 for drivers under 21 or on DUI probation, and 0.04 for CDL drivers and commercial drivers with passengers.
- Driving at or above these limits is automatically a DUI in California.
- Police officers can also make subjective judgments as to whether or not a person is driving impaired if they are under those limits.
- After a DUI arrest, you will be facing both a criminal charge and a licence suspension.
- Your Los Angeles DUI defense attorney needs to be someone who can fight for you in court and at the DMV administrative hearing.
What Counts as a DUI in Los Angeles?
Many people think of a DUI as someone driving after they've had too much to drink. While this can be the case, there are lots of nuances that can impact a DUI charge in Los Angeles. Our defense attorneys have handled thousands of DUI cases and have seen each of the following:
Alcohol Legal Limits
In Los Angeles, the most common type of DUI charges are probably alcohol related. California driving regulations set restrictions on blood alcohol content (BAC) levels for drivers. Here is a breakdown of when it's illegal to drive, based on your BAC level:
- Over 21: 0.08% or above
- Under 21: 0.01% or above
- On DUI Probation: 0.01% or above
- CDL Driver: 0.04% or above
- Driving a Passenger for Hire: 0.04% or above
However, even if you're driving below these legal limits, you can still be arrested for a DUI in Los Angeles. This is because police officers have discretion to make arrests for impaired driving, regardless of a BAC measurement.
Drugs DUIs
In addition to alcohol DUIs, our lawyers also handle drug DUIs in Los Angeles. These charges can be more complex because there generally are no defined limits like there are for alcohol. This means that you can face drug DUI charges related to:
- Marijuana/Cannabis
- Prescription Drugs
- Painkillers
- ADHD Medication
- Illegal Drugs
Whether or not the drug was legal can impact your case, but it doesn't automatically determine the outcome. Regardless of the substance in question, consult with a DUI defense attorney to develop a defense strategy.
Failing Field Sobriety Tests
Field sobriety tests are standardized in California. If you're pulled over for a traffic stop and the police officer suspects that you are under the influence, they will likely ask you to perform the following three tests:
- Horizontal Gaze Nystagmus
- Walk-And-Turn
- One-Leg Stand
These tests aren't as simple as pass/fail; the police officer will look for signs of impairment as you perform them. Many people don't know that you can legally refuse field sobriety tests in Los Angeles without penalty — unless you are either under the age of 21 or are on probation.
Also, as we will discuss in the next section, refusing chemical tests like breathalyzers does apply a penalty.
Refusing the Tests
In addition to field sobriety tests, California uses three chemical tests to measure intoxication:
- Breath Test (Breathalyzer)
- Blood Test
- Urine Test
Unlike field sobriety tests, refusing a chemical test can have consequences, including the suspension of your driver's license for one year. You can also face extra jail time if convicted of a DUI. However, this only applies after you've been arrested (unless you are under 21 and/or on probation). Beforehand, you can refuse without automatic penalties.
How a Los Angeles DUI Lawyer Can Help You
Your Los Angeles DUI defense attorney is here to serve you, and everything they do should be oriented towards delivering a positive outcome for you. You should expect the following from your lawyer:
Answer Your Questions
It's normal to have a lot of questions after a DUI arrest. An experienced defense lawyer will have answers for you.
Listen To You
Before building a defense, it's essential for your lawyer to know your side of the story. Your lawyer should listen to you and build your case around your story.
Give Honest Advice
You want your Los Angeles DUI lawyer to be honest with you, always. If you could fight the case and win, you might go to court. But if your best option is to take a plea deal, it's time to explore other options
Create a Customized Defense
While DUI defenses in Los Angeles are often built on the same core strategies, your attorney should customize the details to fit your situation.
How to Handle a DUI Traffic Stop
When you hear a siren and see flashing red and blue lights behind your car, it's natural to feel nervous, whether or not you've had anything to drink. Making a mistake now could be the difference between driving home and a conviction.
We recommend you follow these steps if you're involved in a traffic stop:
- Pull Over Safely — Don't delay. Look for a safe spot on the side of the road.
- Remain in Your Car — Exiting your vehicle could be seen as a form of aggression. The police officer will approach you when they're ready.
- Stay Calm and Be Polite — Treating the officer disrespectfully can only hurt your situation.
- Provide Your ID and Documents — You are required to provide the officer with your driver's license, vehicle registration, and proof of insurance.
- Don't Consent to Tests Before an Arrest — Because California only requires consent to tests after an arrest, you can safely refuse up until then.
- Note: This only applies if you are over 21 and not on probation.
- Don't Answer Any Questions — If the officer asks questions, just say "I am exercising my right to remain silent."
- Call Our Offices After an Arrest — If you are arrested, call us as soon as you can to start building your defense immediately: (800) 755-5174.
Understanding DUI Cases: Criminal Court vs. DMV
Your Los Angeles DUI attorney needs to be someone who can defend you in both criminal court and at the DMV administrative hearing. Because when you're arrested for a DUI in California, you're not just fighting one case; you're fighting two:
The DUI Criminal Case
You aren't officially fighting a DUI criminal case until your arraignment, but the state is building a case against you as soon as the traffic stop begins. The police officer is gathering evidence to file in a police report, which can later be used against you in court.
After an arrest, you might be interrogated (If this is the case, don't talk without your attorney present). Eventually, the state will release you and give you a court date for an arraignment. At this hearing, you'll be formally charged and asked to plead guilty or not guilty.
If you plead not guilty, a trial date will be set. In the meantime, your DUI defense lawyer will be investigating your case, negotiating with the prosecution, and creating a defense strategy.
Most DUI cases end with either a plea deal, not through trial. However, you have the right to fight in court and force the prosecution to prove their case.
The DMV Administrative Hearing
Once you've been arrested for a DUI, the police officer will give you a notice of potential license suspension. Because of the arrest, the California Department of Motor Vehicles will automatically begin a license suspension process.
You need to act fast to fight the driver's license suspension. You only have 10 days to request an administrative hearing and save your license. If you wait too long, your license will be suspended starting 30 days after your arrest.
It's important to note that your DUI court case doesn't have a direct impact on your DMV hearing. At that hearing, your lawyer will challenge the legitimacy of the traffic stop and/or the testing process in order to protect your driving privileges.
Penalties for a DUI Conviction
| Alleged DUI Offense | Jail/Prison Time | Fine* | License Suspension Length | DUI School |
|---|---|---|---|---|
| First Time DUI, No Probation | 96 Hours to 6 Months | Up to $1,000 | 6 Months | 3 Months |
| Second Time DUI (Within 10 Years), No Probation | 90 Days to 1 Year | Up to $1,000 | 2 Years | 18-30 Months |
| Third Time DUI (Within 10 Years), No Probation | 120 Days to 1 Year | Up to $1,000 | 3 Years | 30 Months |
| Fourth Time DUI (Within 10 Years), No Probation (Felony) | 16 Months to 3 Years | Up to $1,000 | 4 Years | 30 Months |
| DUI Injury (Misdemeanor) | Up to 1 Year | Up to $1,000 | Varies Based on Record | Varies Based on Record |
| DUI Injury (Felony) | Up to 4 Years | Up to $5,000 | Varies Based on Record | Varies Based on Record |
| DUI Manslaughter (Misdemeanor) | Up to 1 Year | Up to $1,000 | Varies Based on Record | Varies Based on Record |
| DUI Manslaughter (Felony) | 4, 6 or 10 Years | Up to $10,000 | Varies Based on Record | Varies Based on Record |
*Please note that fines can be increased beyond these limits by penalty assessments.
Additionally, several of these penalties can be enhanced in cases where the defendent's BAC was particularly high, over 0.15. The court may consider this when deciding on penalties.
Working with Your DUI Lawyer in Los Angeles
You and your attorney will work together to fight against the DUI charges in both court and at the DMV. Together, you'll explore your case and maximize your chance for a positive outcome.
Here are the steps both you and your attorney will take to build your defense:
- Both: Gather Evidence — Your attorney will investigate records, while you gather any relevant evidence you can find.
- You: Tell Your Lawyer the Whole Story — Always be honest with your lawyer. Anything you say is confidential and protected by attorney-client privilige.
- Lawyer: Dissect Traffic Stop/Records — Your attorney will watch out for rights violations and/or procedural errors.
- You: Report Medical Conditions — If you have a medical condition that can affected DUI test results, it could be key to your defense.
- Lawyer: Challenge Tests — These tests are not flawless, and your lawyer will expose errors and inconsistencies.
- Lawyer: Negotiate with Prosecutor — By leveraging existing relationships, your lawyer will try to negotiate a lower or alternative sentence.
- Both: Fight at Trial — If your case goes to trial, your lawyer will be sitting by your side, cross-examining witnesses, and presenting your defense in court.
Los Angeles DUI Defense Strategies Our Lawyers Use
There are many DUI defense strategies that our law firm implements. We fully evaluate each case and tailor each defense to the client. Below are some of the successful DUI strategies that our lawyers use:
- Challenge the Traffic Stop — If the traffic stop was unlawful, the state's whole case often falls apart.
- Challenge Chemical Tests' Reliability — If blood, breath, or urine tests were administered improperly, the results may not have been accurate.
- Challenge Field Sobriety Tests — Field sobriety tests are judged subjectively, and not always fairly.
- Alternative BAC Explanations — In some cases, a chemical test may have measured a high BAC by mistake, such as from mouthwash.
- Violation of Rights — If your rights were not respected during the traffic stop or interview, we can argue for charges to be dropped.
- Evidence Collection Problems — Evidence that is collected improperly can be challenged in court.
- Rising BAC — If you waited too long between the traffic stop and a breathalyzer test, your BAC may have risen, skewing the results.
Plea Deals and Your DUI Defense
Many Los Angeles DUI cases end in plea deals. These offer a benefit to the defendant because they provide a certain outcome that's often less severe than a full conviction. Meanwhile, the prosecution generally likes plea bargains as a way to save time and avoid trial.
The Law Offices of David S. Chesley has relationships in Los Angeles courts, and throughout California at large. We leverage these connections to secure favorable plea deals for our clients, often for lesser charges. Here are some of the lesser charges that may be possible alternatives to your DUI:
The Law Offices of David S. Chesley: Reliable DUI Defense in Los Angeles
The DUI lawyers at the Law Offices of David S. Chesley have handled thousands of DUI cases, and know what it takes to find the secure positive outcomes for our clients in both court and at the DMV.
When you work with us, you're getting help from a firm with:
- Over 50 years of combined courtroom experience
- Insights from prior experience as prosecutors, judges, and police officers
- 24/7 availability, so you can call whenever you're pulled over
- A stellar reputation with former clients
- Professional recognition as a leading DUI lawyer in California
We're dedicated to provide all of our clients with a high-quality defense, and it shows in the results: 95% of our DUI clients receive no jail time. Reach out now to start building your defense.
Los Angeles DUI FAQs
How many years does a DUI stay on your record in Los Angeles?
If you're convicted, the DMV driving record will include your DUI for 10 years after the date of the arrest. Meanwhile, the criminal record will last indefinitely, unlesss you file for sealing/expungement.
How long does a DUI case take?
Los Angeles DUI cases can take different lengths of time mostly depending on plea bargaining. Between arrest and arraingment, normally 1-3 weeks passes. After that, the pretrial phase can last 1-3 months, and a trial itself can last several more months (if applicable)
Meanwhile, the DMV hearing process will take approximately 30-60 days from the arrest.
Will you lose your license after a DUI in Los Angeles?
Yes, unless you fight it. After a DUI arrest, the California DMV automatically starts the process of suspending your license, and you need to fight to keep it. The suspension length varies depending on your driving history and related factors.
Is two beers enough to be convicted of a DUI in California?
California's DUI statute (§ VC 23152(a)) does not have a minimum number of drinks required for a DUI conviction.
A BAC of .08 is the per se threshold for a DUI in California. For lower BAC levels, the police will evaluate their driving ability and make a determination as to their level of driving ability.
How likely are you to go to jail for a first-time DUI in California?
With the help of a skilled attorney, you can lessen your chance of going to jail for a first-time DUI. They are often able to negotiate probation and/or a lesser charge that prevents jail time. This can depend on the specifics of the case.
What are the collateral consequences of a DUI?
A DUI can have several collateral consequences in California. They can lead to increased insurance premiums, career setbacks, the loss of professional licenses, and immigration complications.
Los Angeles DUI Resources
Los Angeles County Court
Website
Phone Directory
Locations
Los Angeles DMV Office
Website
(800) 777-0133
3615 S Hope Street,
Los Angeles, CA, 90007
Los Angeles County Department of Public Health
Website
DUI Programs
(833) 540-0473
Law Offices of David S. Chesley Main Office
4533 Van Nuys Boulevard
Second Floor
Sherman Oaks, CA 91403
(800) 755-5174
Law Offices of David S. Chesley Los Angeles Office
1933 S Broadway Suite 1100,
Los Angeles, CA 90007
(213) 908-2262
DUI Case Types We Handle in Los Angeles
Charges
- Boating Under the Influence
- Breathalyzer Test
- Commercial Driver CDL DUI
- DUI Causing Injury
- DUI in Construction Zones and School Zones
- DUI Refusal Cases
- DUI with Child Passenger
- First-Time DUI
- Hit and Run DUI
- Misdemeanor vs Felony DUI Overview
- Out-of-State DUI
- Underage DUI
DMV/License
Defenses
- DUI Accident Defense
- DUI Blood Test Defense
- DUI Checkpoint Defense Attorney
- DUI Defense Costs
- DUI Process – What to Expect
- DUI Trial – Jury Trial Defense
- Field Sobriety Tests
- Illegal Traffic Stop – Probable Cause Defense
- Medical Conditions as a Defense to DUI
- Mouth Alcohol Defense to DUI
- Rising Blood Alcohol Defense
- Title 17 Violation of Breath and Blood Test Procedures Defense
Repeat/Felony
Repeat/Felony (Continued)
DUI Consequences
DUI Substances
Related Offenses
- Disorderly Conduct
- Disturbing the Peace
- Driving with a Suspended License
- Driving Without a License
- Driving Without Insurance
- Drunk in Public
- DUI Expungement in California
- Evasion
- Exhibition of Speed
- Hit and Run
- Hit and Run with Injury or Death
- Ignition Interlock Device Violations
- Public Intoxication
- Reckless Driving
- Street Racing
- Wet Reckless
Contact Our Los Angeles DUI Defense Lawyers Today
The Law Offices of David S. Chesley is ready to take your case. We will protect your rights, challenge the state's evidence, and fight for your license. With us, your future is in good hands.
Talk to a DUI lawyer today by calling (800) 755-5174 or contact us online to set up a free, confidential consultation.
