Irvine DUI Defense Lawyer

California DUI Laws

In California, DUI laws are outlined in the California Vehicle Code Sections 23152 and 23153. You may be charged with a DUI for:

• Driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher if you are 21 or older.
• Driving with a BAC of 0.01% or more if you are under 21.
• Driving under the influence of alcohol, drugs (including marijuana or prescription medications), or a combination of both.
• Refusing to submit to a chemical test, which could result in automatic license suspension under the implied consent law.

California follows a per se DUI law, meaning that a driver can be found guilty based solely on their BAC level, regardless of actual impairment.

Common Types of DUI Charges

At Braden & Tucci, we defend against all types of DUI-related charges in Irvine, including:

• Alcohol DUI (Standard DUI): The most common charge, this applies to drivers with a BAC of 0.08% or higher. Officers typically rely on field sobriety tests, breathalyzer results, and observed behavior.
• Drug DUI (DUID): Driving under the influence of drugs—prescription, over-the-counter, or illegal substances—can result in a DUID charge, even without a measurable BAC. Law enforcement may use Drug Recognition Experts (DREs) to determine impairment.
• Underage DUI: California’s “zero tolerance” law prohibits anyone under 21 from driving with a BAC of 0.01% or higher. These charges can lead to license suspension and increased insurance rates.
• Commercial DUI: Commercial drivers face stricter standards. A BAC of just 0.04% can lead to a DUI and serious professional consequences, including a lifetime ban on operating commercial vehicles for repeat offenses.
• DUI with Injury: If someone is injured as a result of DUI, the driver may face felony DUI charges, which carry enhanced penalties, including prison time, victim restitution, and a felony criminal record.
• Refusal to Submit to Testing: Refusing a chemical test after arrest can lead to a license suspension under California’s implied consent law—even if you are not ultimately convicted of DUI.

Penalties for DUI in California

The consequences for a DUI conviction vary depending on the number of prior offenses, whether anyone was injured, and whether there were aggravating factors such as excessive speeding or a minor passenger. Penalties may include:

• First DUI Offense: Up to 6 months in jail, fines up to $1,000, 3-9 months of DUI school, and a 6-month license suspension.
• Second DUI Offense: Up to 1 year in jail, fines, longer DUI classes, 2-year license suspension, and mandatory ignition interlock device (IID).
• Felony DUI (e.g., injury or fourth offense): Up to 3 years in prison, significant fines, and license revocation.

FAQs About DUI Charges in Irvine, CA

What happens after a DUI arrest in Irvine?

After a DUI arrest, you typically receive a temporary license and a notice of suspension. You must request a DMV hearing within 10 days to challenge the suspension. You’ll also receive a court date for your criminal case.

Can I refuse a breathalyzer test in Irvine?

You may refuse a preliminary breath test before arrest without automatic penalty, but once arrested, refusing a chemical test (breath or blood) may result in an automatic license suspension and enhanced penalties.

Will I lose my driver’s license?

Possibly. The DMV and court process both have the authority to suspend your license. With legal representation, it may be possible to avoid suspension or secure a restricted license with an ignition interlock device.

Is jail time mandatory for a DUI conviction in Irvine?

For a first offense, jail time can often be avoided through alternative sentencing (e.g., community service, DUI school). Repeat or felony offenses, however, may involve mandatory jail or prison time.

Can a DUI be reduced or dismissed?

Yes. Depending on the facts of your case, your attorney may negotiate a wet reckless plea or even secure a dismissal if evidence is weak or improperly obtained.

Contact an Irvine DUI Defense Attorney Today

Don’t let a DUI charge define your future. Whether you're facing your first offense or you’re dealing with a complex felony DUI allegation, Braden & Tucci offers the strategic and aggressive legal defense you need in Irvine, CA.

Call (949) 996-0170 or contact us online today for a free consultation to discuss your case, understand your rights, and take the first step toward protecting your freedom and future.