DUI Defense Lawyer in Los Angeles
A Former LA Prosecutor on Our Team. 75+ Years of Defense Experience Behind You.
A DUI arrest in Los Angeles sets two legal processes in motion at once. The first is a criminal court case. The second is a DMV Administrative Per Se proceeding that can suspend your license independently of anything that happens in court. You have only 10 days from the date of arrest to contact the DMV and request a hearing. Miss that window and your license is automatically suspended. This is why calling a drunk driving attorney in Los Angeles immediately after an arrest matters more than most people realize.
At Stein & Markus, we bring over 75 years of combined criminal defense experience to every DUI case we handle. That includes a former Los Angeles criminal prosecutor with 33 years of experience who now works on our side of the courtroom. He knows how the government builds DUI cases because he built them. That perspective shapes how we challenge the prosecution’s evidence, negotiate with the DA, and approach every aspect of your defense. We handle both state and federal charges and are available around the clock.
Time is a factor in every DUI case. Call (562) 512-7030 now to speak with our team and protect your driving privileges before the 10-day DMV deadline passes.
First-Time DUI Penalties in Los Angeles
A first DUI conviction in California carries real consequences. California Vehicle Code Section 23152 covers DUI charges: subsection (a) applies to driving under the influence, and subsection (b) applies to driving with a blood alcohol concentration (BAC) at or above 0.08%. Prosecutors typically file both counts.
If you receive your first DUI, your charges may include:
- Fines and fees of $390 to $1,000, though penalty assessments and court costs can significantly increase the total.
- Three to nine months of DUI classes and participation in a victim impact group, both of which often carry additional fees.
- Three to five years of misdemeanor probation.
- A six-month license suspension.
- Work release or up to six months of jail time, depending on local rules.
Your outcome depends on the specific facts of your case and how effectively your attorney argues on your behalf.
A restricted license is available for many first-time and some second-time DUI offenders as an alternative to a full suspension.
Restricted license requirements include:
- Applicable fees and restricted license expenses, generally around $125.
- An ignition interlock device (IID) installed on your vehicle, which prevents the car from starting until you pass a breathalyzer test.
- Agreement not to drive any vehicle without an IID installed.
- An SR-22 certificate, a filing from your insurance carrier confirming you carry valid auto insurance.
A DUI defense attorney can advise you on whether a restricted license is the right path for your situation.
Consequences of a Second DUI Offense in Los Angeles
A second DUI conviction carries significantly harsher penalties than a first, and jail time becomes much more likely regardless of whether anyone was injured.
For a second DUI, you can generally expect:
- Fines and fees of $390 to $1,000, plus penalty assessments that can push the total to $4,000.
- A minimum of 96 hours in jail, up to one year.
- A two-year license suspension. An alcohol DUI allows immediate application for a restricted license; a drug DUI requires completing 12 months of suspension before applying.
- Three to five years of misdemeanor probation.
- Eighteen to 30 months of DUI classes.
The fines and fees can be financially devastating, and the combined weight of these penalties makes strong representation critical.
Escalating Penalties for a Third DUI in Los Angeles
A third DUI is still a misdemeanor, but it’s the last offense before charges can escalate to a felony. The penalties increase substantially from a second offense.
Consequences include:
- Fines and fees of $390 to $4,000.
- A minimum of 120 days (four months) in jail, up to one year.
- A three-year license suspension.
- Three to five years of misdemeanor probation.
- Eighteen to 30 months of DUI classes.
A conviction at this stage puts the next offense squarely in felony territory.
Fourth DUI & Felony Charges in Los Angeles
A fourth DUI within 10 years is charged as a felony. A conviction carries a state prison sentence of 16 months, two, or three years, along with fines up to $5,000. If you already carry a felony DUI conviction and receive another DUI, that new charge is also filed as a felony regardless of the circumstances.
When Fewer Than Four DUIs Become a Felony
You don’t need four DUI convictions for charges to escalate to felony status. When a DUI involves injury or death, the number of prior offenses is irrelevant.
Felony charges in these situations can include:
- Intoxicated vehicular manslaughter
- Intoxicated gross vehicular manslaughter
- Second-degree murder
These charges carry distinct sentencing ranges. In cases involving death, a conviction can result in life imprisonment.
DUI Charges for Underage Drivers in California
California enforces a zero-tolerance standard for drivers under 21. A BAC of just 0.01% is sufficient for a DUI charge, and the law provides little leniency for minors.
A minor charged with a DUI can expect some combination of the following:
- License privileges revoked for one year. A restricted license for travel to school or work may be available if no alternative transportation exists.
- Informal or juvenile probation for three to five years.
- Three to nine months of DUI classes.
- Possible enrollment revocation from colleges or universities.
Minors can be tried as adults if their DUI involves injuries, fatalities, or multiple DUI charges.
Non-Legal Consequences of a DUI in Los Angeles
Legal penalties aren’t the only consequences that follow a DUI. Even a first offense can create lasting complications across multiple areas of your life.
These include:
- Higher auto insurance premiums.
- Difficulty finding employment, particularly in roles involving driving or operating machinery.
- Difficulty securing housing.
- Strain on personal and professional relationships.
- Increasingly severe legal penalties if you face a subsequent DUI charge.
A DUI conviction can also affect professional licenses in fields such as medicine, nursing, law, real estate, and education. For non-citizens, a conviction can trigger serious immigration consequences, including deportation proceedings. These risks apply even after a first offense, which is why strong representation from the start isn’t optional.
Contact a Skilled DUI Attorney in Los Angeles Today
How We Challenge a Los Angeles DUI Case
Many people assume a DUI charge is open and shut: if the breathalyzer reads above 0.08%, the case is over. That’s not how we approach it. At Stein & Markus, we challenge every aspect of the prosecution’s case. Having a former Los Angeles prosecutor on our team means we know exactly how the government builds a DUI and where those cases are vulnerable.
Illegal Traffic Stop
An officer may only conduct a traffic stop if there is reasonable suspicion to believe a law has been violated. A stop that lacks that foundation can render all resulting evidence inadmissible. Under Penal Code Section 1538.5, a successful motion to suppress evidence based on an unlawful stop or search can compel prosecutors to reduce or dismiss charges entirely.
Breathalyzer Accuracy & Calibration
Breathalyzers are imperfect instruments subject to malfunction and calibration errors. California’s Title 17 regulations govern how chemical tests must be administered and how equipment must be maintained. When those standards aren’t met, the test result can be challenged. We examine maintenance logs, calibration records, and the specific conditions under which your test was administered.
Field Sobriety Test Reliability
Field sobriety tests have recognized limitations. Road conditions, lighting, footwear, physical health, and anxiety can all affect performance in ways that have nothing to do with intoxication. When these tests form part of the prosecution’s evidence, the conditions under which they were administered are fair game for challenge.
The Driver Was Not Operating the Vehicle
Under California law, being in or near a vehicle while intoxicated doesn’t always constitute operating it. Someone who pulls over and sleeps in a parked car to avoid driving home may have a viable defense. Courts have recognized that this kind of caution shouldn’t automatically be treated as DUI conduct, and we can argue for reduced or dismissed charges based on the facts of the stop.
What to Do After a DUI Arrest in Los Angeles
The most important step you can take after a DUI arrest is to contact Stein & Markus immediately. The 10-day window to request a DMV Administrative Per Se hearing runs from the date of arrest. Miss it and your license is automatically suspended, regardless of what happens in criminal court. We act quickly to preserve that deadline, advise you on what to say and what to keep quiet, and manage both the DMV administrative track and the criminal court process simultaneously.
Our team is available 24 hours a day, seven days a week, and we work in English and Spanish to serve clients throughout Los Angeles. We treat every client’s situation with the attention and care it deserves, from the moment of arrest through the resolution of your case.
Frequently Asked Questions
Will a DUI Affect My Job?
It depends on your employer. For many workplaces, a DUI charge won’t affect employment. Jobs that involve driving or operating machinery carry higher risk, and some employers require workers to disclose an arrest. A DUI can also affect professional licenses in fields such as medicine, law, real estate, and nursing. It’s generally better to disclose proactively, as attempting to conceal a charge tends to create larger problems than the charge itself.
Can I Remove a DUI From My Record?
In many cases, DUI expungement is possible under California law after probation is completed. Eligibility depends on the severity of the case, whether you are a repeat offender, and the specific details of your situation. First-time offenders who have satisfied all court obligations are often strong candidates. We can assess whether expungement is a realistic option for your case.
Speak with a Drunk Driving Lawyer in Los Angeles
A DUI charge doesn’t have to define what happens next. Our team includes a former Los Angeles criminal prosecutor with 33 years of experience, and we’re available around the clock to take your call. The sooner you reach out, the more options we can work with. Call (562) 512-7030 to speak with a drunk driving attorney at Stein & Markus today.
Why Choose Stein & Markus?
What Makes Us Different
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Work with a Former ProsecutorOur prosecutor turned defense attorney is ready to protect you!
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Hablamos EspañolWork with a criminal defense attorney who speaks your language.
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24/7 Help AvailableWhenever you need our lawyers, we're here to help you.
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