Laguna Beach DUI Lawyer

What is Considered a DUI in California?

In California, DUI laws are outlined in California Vehicle Code § 23152. A person can be charged with a DUI if they are caught operating a motor vehicle under the influence of alcohol, drugs, or a combination of both. There are several types of DUI charges depending on the circumstances:

• Per Se DUI – If your blood alcohol concentration (BAC) is 0.08% or higher, you can be charged with DUI, even if you appear sober.
• Under 21 DUI – California has a zero-tolerance policy for drivers under the age of 21. A BAC of just 0.01% can result in a DUI charge.
• Commercial Drivers – The legal BAC limit is lower for commercial drivers—0.04%.
• Drug DUI (DUID) – Driving under the influence of prescription medications, illegal drugs, or marijuana can also lead to a DUI charge.
• Impairment-Based DUI – Even if your BAC is below 0.08%, you can still be arrested if the officer believes you are impaired by alcohol or drugs.

Remember, you can be charged with a DUI even without a chemical test if the arresting officer has enough probable cause based on your behavior, appearance, or performance on field sobriety tests.

DUI Penalties in CA

DUI penalties in California can vary widely depending on factors such as prior offenses, whether someone was injured, and the driver’s BAC. Below is a general breakdown of possible penalties:

First DUI Offense:

• Up to 6 months in county jail
• Fines of $390 to $1,000 (plus penalty assessments)
• License suspension for 6 months (restricted license may be available)
• 3 to 9 months of DUI school
• Possible installation of an Ignition Interlock Device (IID)

Second DUI Offense (within 10 years):

• 96 hours to 1 year in jail
• Fines of $390 to $1,000
• 2-year license suspension
• 18 to 30 months of DUI school
• IID installation required

Third DUI Offense:

• 120 days to 1 year in jail
• Fines up to $1,000
• 3-year license revocation
• 30 months of DUI education
• IID required

Felony DUI:

A DUI may be charged as a felony if:

• It is your 4th DUI in 10 years
• Someone was injured or killed
• You have a prior felony DUI conviction
• Felony DUI convictions can lead to state prison time, hefty fines, and lifelong consequences.

Legal Defenses to DUI Charges

At Braden & Tucci, our Laguna Beach DUI lawyers examine every detail of your case to determine the most effective defense strategy. Possible legal defenses may include:

• Improper Traffic Stop: Police must have reasonable suspicion to initiate a traffic stop. If your rights were violated during the stop, your case may be dismissed.
• Faulty Field Sobriety Tests: These tests are subjective and can be influenced by fatigue, medical conditions, poor instructions, or uneven surfaces.
• Inaccurate Breathalyzer Results: Breathalyzers can be miscalibrated, and factors like mouth alcohol, acid reflux, or diet can affect readings.
• Blood Test Errors: Improper blood storage, contamination, or delays in testing can taint the results.
• Rising BAC Defense: Your BAC may have been under the limit while driving, but rose afterward, during absorption.

Our legal team will aggressively challenge the prosecution’s evidence and work to have your charges reduced or dismissed.

DUI FAQs

Can I refuse a breath or blood test in California?
If you are lawfully arrested for DUI, refusing a chemical test can lead to additional penalties under California’s implied consent law, including license suspension and use of the refusal as evidence in court.

Will I lose my license after a DUI arrest?
The DMV can suspend your license even before your court date. You have only 10 days from your arrest to request a hearing to contest the suspension. Our DUI attorneys can represent you at this hearing.

Is a DUI a felony in California?
Most DUIs are misdemeanors, but they can be charged as felonies in serious cases—such as when there are prior convictions, injuries, or deaths involved.

What happens if I’m from out of state and get a DUI in Laguna Beach?
California reports DUI convictions to most other states. You may face penalties in your home state, and the CA DMV can suspend your privilege to drive in California.

Can I get a DUI expunged in California?
Yes, if you completed your sentence and probation, you may be eligible for expungement. An expunged DUI won't appear in most background checks, though it may still be considered for future DUI charges.

Why Choose Braden & Tucci as Your Laguna Beach DUI Attorney?

Our legal team understands the local courts, prosecutors, and procedures in Laguna Beach. We provide:

• Aggressive DUI defense
• Prompt DMV hearing representation
• Personalized legal strategy
• Negotiation for charge reductions or dismissal
• Trial-ready preparation

DUI charges can feel overwhelming, but you don’t have to go through it alone. With Braden & Tucci by your side, you’ll have a dedicated legal advocate working to protect your freedom, license, and reputation.

Contact us today at (949) 996-0170 to schedule an initial consultation with our team.