DUI DEFENSE

Overview

A DUI arrest in California can lead to serious consequences—from license suspension and jail time to increased insurance rates and lasting damage to your professional reputation. At Jones Trial Attorneys, we specialize in defending clients charged with driving under the influence under California Vehicle Code § 23152 and related statutes.

We understand that many DUI cases result from misunderstandings, unreliable testing, or overzealous enforcement. Our trial-tested team brings aggressive defense strategies and deep courtroom experience to help you fight back.

Legal Definition

Under California law, it is unlawful to:

• Drive under the influence of alcohol or drugs (VC § 23152(a)), or
• Drive with a blood alcohol concentration (BAC) of 0.08% or higher (VC § 23152(b))

Drivers under 21 and commercial license holders face even stricter standards. DUI charges may also involve prescription medications, marijuana, or any substance that impairs your ability to drive safely.

Common DUI Charges in California

VC § 23152(a)

 – Driving Under the Influence of Alcohol

This is the “subjective” DUI charge. Prosecutors must prove impairment even if your BAC is below 0.08%.

VC § 23152(b)

 – DUI Per Se (BAC of 0.08% or More)

This is the “per se” DUI. If your chemical test shows a BAC of 0.08% or more, the court may presume impairment—even if you showed no poor driving behavior.

VC § 23153

 – DUI Causing Injury

When a DUI results in injury to another person, the charge becomes a felony or “wobbler.” This includes enhanced penalties and possible prison time.

VC § 23136

 – Zero Tolerance (Underage DUI)

Drivers under 21 with any measurable BAC (as low as 0.01%) can be cited under California’s Zero Tolerance Law.

VC § 23140

 – DUI for Drivers Under 21 (BAC of 0.05–0.07%)

This is an infraction-level DUI for underage drivers with a BAC below the adult legal limit.

VC § 23152(f)

 – DUI of Drugs (DUID)

Driving under the influence of drugs, whether prescription, over-the-counter, or illegal substances.

Penalties

DUI penalties vary based on your BAC, prior offenses, injuries, and whether there are aggravating factors such as refusing a chemical test or having a child in the car.

First Offense

• Up to 6 months in jail
• Fines and fees up to $2,000+
• 3 or 9-month DUI school
• 6 to 10-month license suspension
• Possible installation of ignition interlock device (IID)

Second or Third Offense

• Mandatory jail time (up to 1 year)
• Longer license suspension
• 18 to 30-month DUI school
• IID required in most cases

Felony DUI

• State prison (up to 3 years or more)
• Habitual traffic offender designation
• Loss of voting and firearm rights

Legal Defenses to DUI Charges

Our firm has successfully defended clients using a range of strategic and technical defenses. Some of the most effective include:

• Unlawful Traffic Stop
• Police must have reasonable suspicion to initiate a DUI stop.
• Rising BAC Defense
• Alcohol takes time to absorb. Your BAC may have been below the legal limit while you were driving but rose above 0.08% by the time of testing.
• Faulty Testing Equipment
• Breathalyzers and blood testing equipment must be regularly calibrated and maintained.
• Improper Testing Procedures
• Failure to observe the 15-minute observation period or errors in blood draw chain of custody can undermine the prosecution’s evidence.
• Medical Conditions
• GERD, diabetes, or dental devices can impact breath test accuracy.
• Field Sobriety Test Issues
• Fatigue, anxiety, poor lighting, or medical conditions can lead to poor FST performance unrelated to alcohol or drug impairment.

DMV Hearing – You Must Act Quickly

After a DUI arrest, you have only 10 days to request a hearing with the California DMV to challenge your license suspension. This administrative process is separate from your criminal case. If you miss the deadline, your license will be automatically suspended—even if you later win your court case.

We handle both court proceedings and DMV hearings for our DUI clients, giving you the best chance of avoiding a suspension and protecting your driving privileges.

Immigration, Employment, and Professional Licensing Consequences

A DUI conviction can have unexpected ripple effects:

• Non-citizens may face visa denial, green card issues, or removal proceedings
• Professionals such as nurses, doctors, pilots, real estate agents, and teachers may face disciplinary action
• Employers may terminate or refuse to hire candidates with DUI convictions
• Insurance rates can double or triple

Our goal is not just to beat your case—but to protect your reputation, career, and future.

Related Charges

• VC § 14601 – Driving on a suspended license
• VC § 23103/23103.5 – Wet reckless
• VC § 23109 – Speed contest (often charged with DUIs)
• PC § 148 – Resisting arrest during DUI stop

Why Choose Jones Trial Attorneys?

We prepare DUI cases for trial—not just for plea deals. Our attorneys cross-examine arresting officers, challenge flawed test results, and negotiate from a position of strength. Whether it’s your first offense or you’re facing felony charges, we’ll stand by your side to fight for the best possible outcome.

We’ve helped countless clients avoid jail, restore their licenses, and move forward with their lives.

Call Now – Free Consultation

If you’ve been arrested for DUI in San Diego or anywhere in California, time is of the essence. Don’t face these charges alone.

📞 Call (866) JTA-WINS or fill out our online contact form to request a free, confidential case review.