Mission Viejo DUI Defense Attorney

California DUI Laws

Driving under the influence (DUI) in California is defined under California Vehicle Code §23152. A driver may be charged with DUI if they are found operating a motor vehicle:

• With a blood alcohol concentration (BAC) of 0.08% or higher for adults 21 and over
• With a BAC of 0.01% or higher if under 21 (zero-tolerance law)
• With a BAC of 0.04% or higher for commercial vehicle drivers
• While under the influence of alcohol, drugs, or a combination of both to the extent that it impairs driving ability

California takes DUI offenses seriously, and penalties escalate with prior convictions or aggravating circumstances such as accidents, injuries, or excessive BAC levels. Consequences may include:

• License suspension by the DMV and criminal court
• Jail or prison time depending on the severity of the charge
• Mandatory DUI education programs
• Installation of an ignition interlock device (IID)
• Heavy fines and court fees

Because DUI laws in California are complex, working with our Mission Viejo DUI defense attorney can significantly improve your chances of reducing or dismissing the charges.

Common Types of DUI Charges

DUI charges are not one-size-fits-all. The penalties and legal strategies vary depending on the circumstances of your arrest. Below are some of the most common DUI cases we handle at Braden & Tucci:

• First-Time DUI: A first DUI in California can still lead to jail time, fines, probation, and license suspension. However, with strong representation, it may be possible to minimize penalties or negotiate alternatives.
• Multiple DUI Offenses: Repeat offenses come with harsher consequences, including longer license suspensions, higher fines, and mandatory jail time. Courts also tend to be less lenient for repeat offenders.
• Underage DUI: California enforces a zero-tolerance policy for underage drivers. Even a BAC as low as 0.01% can result in charges, license suspension, and penalties that affect a young driver’s future.
• DUI with Injury: If an accident occurs and another person is injured, a DUI may be elevated to a felony, carrying far more severe penalties, including years in state prison and significant restitution.
• Drug-Related DUI (DUID): A driver can be charged with DUI even without alcohol if suspected of driving under the influence of prescription medication, marijuana, or illegal drugs.
• Felony DUI: A DUI can become a felony if it involves injuries, fatalities, or if the driver has multiple prior DUI convictions. Felony DUIs carry life-changing consequences and require immediate legal action.

No matter what type of DUI you are facing, our team will carefully examine every detail of your case—field sobriety tests, breathalyzer accuracy, police conduct, and more—to identify weaknesses in the prosecution’s arguments.

California DUI FAQs

What happens after a DUI arrest in Mission Viejo?

After a DUI arrest, your driver’s license may be confiscated, and you’ll receive a temporary license. You have only 10 days to request a DMV hearing to challenge the suspension. At the same time, you’ll face criminal charges in court.

Can I refuse a breath or blood test?

Under California’s implied consent law, refusing a chemical test after a lawful arrest can result in harsher penalties, including a one-year license suspension for a first offense.

Will I lose my license if convicted of DUI?

Yes, a DUI conviction often leads to license suspension. However, you may qualify for a restricted license with the installation of an ignition interlock device (IID).

Are DUI charges always permanent on my record?

A DUI can stay on your record for 10 years for purposes of priorability (affecting future DUI penalties). However, you may be eligible for expungement under certain conditions.

Can a DUI be reduced or dismissed?

Yes. With the help of our Mission Viejo DUI defense attorney, charges may be reduced to reckless driving or dismissed entirely if evidence is flawed or improperly handled.

Speak with Our Mission Viejo DUI Defense Lawyer Today

If you’ve been arrested for DUI in Mission Viejo, time is critical. From DMV deadlines to building your defense, acting quickly gives you the best chance at protecting your future. At Braden & Tucci, we are committed to providing aggressive, skilled, and compassionate legal representation to those facing DUI charges.

If you are ready to take control of your DUI defense, contact Braden & Tucci today.