Los Angeles DUI Attorney
California Vehicle Code 23152 Defense Lawyer
If you are arrested for driving under the influence in Los Angeles, you can expect aggressive prosecution from both the criminal court system and the California Department of Motor Vehicles.
Under California Vehicle Code 23152, driving under the influence of alcohol or drugs is a serious criminal offense that carries harsh penalties—even for a first-time offender.
A second DUI in California carries much more severe penalties compared to a first offense.
At Cron, Israels & Stark, we defend misdemeanor and felony DUI cases throughout Los Angeles County and across Southern California, including Orange, Riverside, San Bernardino, Ventura, and Santa Barbara counties.
We also represent clients at DMV Driver Safety Offices in license suspension hearings. Schedule your consultation at (424) 372-3112 or contact us here.
What Is California Vehicle Code 23152?
Vehicle Code 23152 makes it illegal to operate a motor vehicle when:
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VC 23152(b): Your blood alcohol concentration (BAC) is 0.08% or higher
Drivers under the age of 21 face zero-tolerance laws, meaning a BAC as low as 0.01% can result in arrest and license suspension.
The 3-hour rule in California DUI cases is a legal presumption that allows prosecutors to use a chemical test result as evidence of a driver's blood alcohol concentration (BAC) at the time of driving.
What Happens After a DUI Arrest in Los Angeles?
After a DUI arrest, officers will:
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Confiscate your driver's license
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Issue a temporary license (DMV Form DS-367) valid for 30 days
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Forward your case to both the criminal court and the DMV
You then have only 10 days to request a DMV Administrative Per Se (APS) hearing. If you miss this deadline, your license will be automatically suspended.
DUI Court vs. DMV Hearing – Two Separate Battles
Every DUI case involves two independent proceedings:
Criminal Court
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Jail time
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Fines
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Probation
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DUI school
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Possible felony charges
DMV Administrative Hearing
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License suspension or revocation
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Ignition interlock device (IID) requirements
Winning one does not guarantee winning the other. Both must be defended strategically.
DUI Penalties Under Vehicle Code 23152
First-Time DUI
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Up to 6 months in jail
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Fines and penalty assessments
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DUI education program
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License suspension
Second or Multiple DUI
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Mandatory jail time
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Longer DUI programs
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Extended license suspension or revocation
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Increased fines
Felony DUI
Felony DUI charges may apply if:
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You have a prior “Watson warning”
Common Types of DUI Cases We Defend
We regularly handle:
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First and second DUI offenses
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Multiple and repeat DUIs
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Underage DUI (VC 23136 & 23140)
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DUI causing injury or death
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Drug DUI (DUID)
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Felony hit and run (VC 20001)
DMV DUI Hearings Explained
At a DMV APS hearing, your attorney may challenge:
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Whether the officer had reasonable suspicion to stop you
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Whether you were actually driving
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Whether breath or blood tests complied with Title 17 regulations
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Whether the DS-367 form was completed correctly
If successful, the DMV must set aside the license suspension.
Underage DUI & Zero-Tolerance Laws
Under California Vehicle Code 23136, drivers under 21 face:
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One-year license suspension for a BAC of 0.01% or higher
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Adult DUI charges if BAC is 0.05% or higher
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Mandatory DUI programs and fines
DUI Defense Strategies That Matter
Every DUI case turns on facts. Common areas we scrutinize include:
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Breathalyzer calibration and maintenance
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Police body-cam and dash-cam footage
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Compliance with Title 17 testing procedures
We may also retest blood samples using an independent laboratory.
Related Legal Topics
- Learning that your case has been “DA rejected” in California can bring a sense of relief—but also confusion about what it actually means for your future.
- A wet reckless is one of the most common plea reductions in California DUI cases. It involves a negotiated agreement where a DUI charge is downgraded to reckless driving involving alcohol under Vehicle Code 23103.5.
- A dry reckless is one of the most advantageous plea reductions in California DUI cases.
- In California, it is sometimes possible to reduce a DUI charge to a wet reckless or dry reckless through negotiation or by exposing weaknesses in the prosecution's case.
- California Penal Code Section 1214.1 allows courts to impose civil assessments and extra financial penalties on individuals who do not appear in court or fail to pay court-ordered fines without a valid reason.
DUI Enhancements & Special Circumstances
California law increases penalties for:
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DUI causing injury or death
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DUI with refusal of chemical testing
Out-of-state drivers are also prosecuted fully under the Driver License Compact, meaning your home state will be notified of any conviction.
Can a DUI Be Reduced or Expunged?
In many cases, DUI charges may be:
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Reduced to wet reckless
Each case depends on evidence, history, and advocacy.
Speak With a Los Angeles DUI Attorney Today
A DUI arrest is overwhelming—but you do not have to face it alone. Early legal intervention can protect your license, reduce penalties, and prevent long-term damage to your future.
At Cron, Israels & Stark, our attorneys bring decades of combined experience defending DUI cases throughout Southern California. We understand the law, the courts, and how prosecutors build their cases—and we know how to fight back.
📞 Call now at (424) 372-3112 for a free consultation. Se habla español.