
Understanding DUI Charges in California
California DUI laws are strict, and prosecutors enforce them aggressively. Most people know about the 0.08% BAC limit, but DUI charges can apply in many more scenarios, including for drivers under 21, commercial drivers, and anyone suspected of driving under the influence of alcohol, prescription drugs, cannabis, or other controlled substances.
Legal BAC limits in California:
- 0.08% or higher – Adult drivers (age 21+)
- 0.04% or higher – Commercial drivers
- 0.01% or higher – Drivers under 21 (zero tolerance)
Even drivers with a BAC below these limits can still face DUI charges if law enforcement believes they were impaired.
At The Law Offices of Taylor & Taylor, our Irvine DUI attorneys are equipped to defend all types of DUI charges, including those involving serious enhancements, prior convictions, or allegations of drug impairment. Regardless of the circumstances, we approach each case with a strategic, evidence-driven defense tailored to the specific facts.
We handle the full spectrum of DUI-related cases, including:
- First-time DUI and repeat DUI offenses
- Felony DUI and DUI causing injury (VC § 23153)
- DUI involving drugs (including marijuana)
- Underage DUI
- Commercial driver and out-of-state DUI cases
- Refusal cases and chemical test violations
- DUI with enhancements (child passenger, high BAC, accidents)
- DMV hearings and license suspension challenges
- DUI for military members and licensed professionals
- DUI-related bench warrants, probation violations, and expungements
Our team includes former prosecutors and in-house experts in toxicology, police procedure, and DMV regulations, all working together to protect your rights and challenge the government’s case.
DUI Penalties in California
California imposes escalating penalties for repeat DUI offenses and enhancements for certain aggravating factors. Penalties can include jail time, fines, license suspension, DUI education programs, probation, and ignition interlock device (IID) installation.
First DUI Offense
- Fines: $390 to $1,000 (plus substantial penalty assessments)
- Jail: Up to 6 months
- License Suspension: 6 months
- DUI School: 3-month program
- Probation: Typically 3 to 5 years
- IID: Often required for restricted driving privileges
Second DUI (within 10 years)
- Jail: 96 hours to 1 year
- License Suspension: 2 years
- DUI School: 18–30 months
- IID: Mandatory for up to 1 year
Third DUI (within 10 years)
- Jail: 120 days to 1 year
- License Suspension: 3 years
- DUI School: 30 months
- IID: Mandatory for up to 2 years
Aggravating Factors That Increase Penalties
- BAC of 0.15% or higher
- Refusal to submit to chemical testing
- DUI with a minor passenger (under age 14)
- Causing injury or death (may trigger felony DUI or DUI with injury charges)
A Note on Chemical Testing
Under California’s implied consent law, drivers are legally required to submit to a chemical test after a lawful arrest.
Refusal leads to mandatory license suspensions:
- 1 year (first refusal)
- 2 years (second refusal)
- 3 years (third refusal)
Building an Effective DUI Defense
No two DUI cases are alike, and your defense should never be one-size-fits-all.
At The Law Offices of Taylor & Taylor, we begin with a thorough review of the facts, including:
- Whether the traffic stop was constitutional
- The officer’s observations and conduct during the arrest
- Calibration and maintenance of the breathalyzer or blood-testing equipment
- Chain of custody and lab handling of your blood sample
- Whether standardized field sobriety tests (FSTs) were properly administered
We also re-test borderline BAC samples using independent forensic labs at no cost to our clients. In drug-related DUI cases (DUID), we frequently consult pharmacology and toxicology experts to challenge flawed assumptions about impairment and the effects of prescribed medications.
Our mission is to dismantle the prosecution’s case and limit or eliminate the long-term consequences of a DUI arrest.
What Should I Do Immediately After a DUI Arrest?
Request a lawyer. Remain polite, but do not answer questions beyond basic identifying information. You have the right to remain silent. You must also request a DMV hearing within 10 days to avoid automatic license suspension. Contacting a DUI attorney early gives you the best chance to preserve evidence, protect your rights, and challenge your suspension.
Can a DUI Conviction Affect My Job?
Yes. A DUI conviction can appear on background checks and potentially cost you current or future employment, particularly in positions requiring driving or security clearance. Some employers have zero-tolerance policies regarding criminal records. Even outside of driving roles, reputational damage can affect advancement.
Can I Refuse Field Sobriety Tests?
Yes. Field sobriety tests (FSTs) are voluntary in California and you may politely decline them without legal penalty. However, refusal to submit to a chemical test (blood or breath) after arrest can result in license suspension and enhanced penalties. If you’re unsure about what to refuse or how to proceed, speak with a DUI attorney in Irvine as soon as possible.
Speak With an Irvine DUI Defense Lawyer Today
A DUI arrest is serious, but it doesn’t have to define your future. At The Law Offices of Taylor & Taylor, we know how to challenge the evidence, protect your license, and fight for the best possible outcome, whether through dismissal, reduced charges, or a favorable resolution at trial.
With decades of experience, former prosecutors on staff, and unmatched scientific support, our firm is uniquely positioned to defend DUI charges in Irvine.
Call (949) 752-1550 or contact us online to request your FREE consultation.
"Jeanne Normandeau is a great lawyer. She knows how the Riverside court judges work."Joe E.
Traffic and Transportation
-
Orange County, California Sheriff Department
Online community resources and services for cad calls, inmate information, crime statistics and employment opportunities.
-
Orange County Government Online
Official website for the government of Orange County, California.
-
Irvine Police Department
Official website for the City of Irvine Police Department.
-
City of Irvine
Official City website.