Los Angeles DWI Lawyer

Police in Los Angeles arrest individuals for Driving Under the Influence (DUI) if they believe alcohol or drugs impair the driver's abilities. An arrest also occurs if a driver has a blood alcohol concentration (BAC) of 0.08% or higher. Law enforcement may still make an arrest if a driver's BAC measures below 0.08% but their driving suggests impairment.

Following a DUI arrest, the criminal defense attorneys at Chudnovsky Law guide clients through each phase of the legal process.

From the initial evidence review to protecting your rights in court and at DMV hearings, our Los Angeles DUI attorneys build a defense strategy tailored to your case. We challenge procedural mistakes by law enforcement and work to have charges reduced or dismissed. You do not have to face this process alone.

If you are arrested, the experienced DUI defense attorneys at Chudnovsky Law can handle every step of your case for you. From reviewing the evidence and protecting your rights to representing you in court and at DMV hearings, our team works to build the strongest defense possible.

We will challenge any mistakes made by the police and fight to reduce or dismiss the charges. You don’t have to face a DUI charge alone—our team is here to help.

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Why Select Our Los Angeles DUI Lawyers?

If you’re arrested and charged with DUI in Los Angeles, there is a lot at stake. You need a qualified team of attorneys representing you every step of the way.

At Chudnovsky Law, our team is made up of former prosecutors and knowledgeable criminal defense lawyers. We use our prior experience to our clients’ advantage in helping them secure favorable results in their cases.

Collectively, we have fought over 9,000 criminal jury trials and cases, and we have decades of experience handling DUIs and other serious criminal matters.
You can see our most recent client reviews and case testimonials on this site. Our office is conveniently located at 1933 S Broadway #1100, Los Angeles, CA 90007. For a free case evaluation and legal consultation with an experienced Los Angeles, CA, DUI defense attorney, please call us at (213) 212-5002 or contact us online for more information. 

Elements of a DUI Charge in Los Angeles, CA

To convict someone of a DUI charge in Los Angeles, California, a prosecutor must prove several legal elements beyond a reasonable doubt. These elements are outlined under California Vehicle Code § 23152.

There are two main types of DUI charges: driving under the influence of alcohol or drugs, and driving with a blood alcohol concentration (BAC) of 0.08 percent or higher.

First, the prosecutor must prove that the defendant was driving a motor vehicle. This means they must show that the person was in actual physical control of the vehicle. If the person was simply sitting in the car but not driving, this element may not be satisfied.

Second, the prosecutor must prove that the driver was under the influence at the time they were operating the vehicle. For alcohol-related charges, “under the influence” means the person’s physical or mental abilities were so impaired that they could no longer drive in the way a cautious, sober person would.

Evidence can include poor driving, slurred speech, unsteady balance, bloodshot eyes, or failed field sobriety tests.

Alternatively, if the charge is based on having a BAC of 0.08 percent or higher, the prosecutor must prove through a breath, blood, or urine test that the driver’s BAC met or exceeded the legal limit at the time of driving. This is sometimes referred to as a “per se” DUI because the BAC level alone is enough to prove guilt.

In drug-related DUI cases, the prosecutor must show the driver was impaired by drugs—illegal substances, prescription medications, or even over-the-counter drugs—to the point they could not drive safely.

Lastly, the prosecutor must prove all of this beyond a reasonable doubt. If there is any significant doubt about whether the person was driving or was impaired, a conviction cannot legally happen.

Potential Penalties for a Los Angeles, CA DUI Conviction

A DUI conviction in Los Angeles leads to significant penalties under California law. A judge determines penalties based on prior DUI convictions within the last 10 years and any aggravating factors, such as a high BAC, causing an accident, or having a passenger under the age of 14.

• First DUI Offense: A first-time misdemeanor DUI conviction may result in up to six months in county jail and fines and penalty assessments totaling several thousand dollars. A judge will also order completion of a three- or nine-month DUI education program and suspend the person's driver's license for six months. The California DMV may issue a restricted license, which requires the installation of an ignition interlock device (IID), to allow driving to and from work.
• Second DUI Offense: A second DUI within 10 years increases penalties to up to one year in county jail, an 18- or 30-month DUI program, and a two-year license suspension. An IID becomes mandatory for obtaining a restricted license after a 12-month initial suspension period.
• Third DUI Offense: A third DUI within 10 years results in up to one year in jail, designation as a "habitual traffic offender," and a three-year driver's license revocation.
• Felony DUI: A fourth DUI offense within 10 years becomes a felony, carrying a potential state prison sentence of 16 months, two years, or three years. A DUI that causes injury (Vehicle Code § 23153) may also result in felony charges, even for a first offense.
  

In all cases, the court may require the installation of an IID and place the driver on probation, usually lasting three to five years. The severity of the penalties depends on the specific facts of the case and the person’s criminal history.

Collateral Consequences of a DUI Conviction in Los Angeles, CA

A DUI conviction in Los Angeles, California, can lead to more than just jail time, fines, or license suspension. In addition to the legal penalties, there are also collateral consequences. These are the long-term effects that can impact your personal, professional, and social life, even after you’ve completed your sentence.

One of the biggest collateral consequences is how a DUI conviction can affect your employment. Some employers may fire or refuse to hire someone with a criminal record, especially if the job involves driving, handling sensitive information, or operating machinery. If your current job requires a clean driving record, a DUI can put your position at risk. You might also lose a professional license, like those held by nurses, teachers, or commercial drivers.

A DUI conviction can also make it harder to rent an apartment. Many landlords perform background checks, and a criminal conviction could make them view you as a risky tenant. In some cases, they may reject your rental application altogether.

Your auto insurance rates will almost certainly increase. After a DUI, you’re considered a high-risk driver, and many insurance companies will raise your premium or even cancel your policy. You may be required to file an SR-22, which is a form that proves you have the required amount of insurance. This can add extra costs and last for several years.

If you’re attending college or planning to, a DUI could affect your financial aid or scholarships. Some schools and private scholarship programs may deny or withdraw funding after a criminal conviction.

A DUI can also damage your personal reputation and relationships. Family members or friends may treat you differently, and you may feel embarrassed or ashamed in your community.

Finally, if you are not a U.S. citizen, a DUI conviction could have serious immigration consequences, such as deportation or denial of future visas or citizenship applications.

While the legal penalties for a DUI may eventually end, the collateral consequences can last much longer and affect nearly every area of your life.

Defenses to a DUI Charge in Los Angeles, CA

If you are facing a DUI charge in Los Angeles, California, you may have several legal defenses available to fight the accusation. A strong defense can reduce the charges or even lead to a dismissal. The exact defense depends on the facts of your case, but here are some of the most common strategies.

• One possible defense is that you were not actually driving the vehicle. To be convicted of a DUI, the prosecutor must prove that you were in control of the car while it was moving or ready to move. If the police found you parked or sleeping in your car without evidence that you had been driving, this could be a valid defense.
• Another defense challenges the traffic stop itself. Police must have a legal reason—known as probable cause—to pull you over. If the stop was not based on a valid reason, like a traffic violation or suspicious driving, any evidence collected afterward may not be allowed in court.
• You can also challenge the accuracy of the field sobriety tests. These tests, such as walking in a straight line or standing on one leg, are not always reliable and can be affected by nerves, medical conditions, or uneven surfaces.
• Breath and blood tests can also be challenged. If the testing equipment was not properly calibrated or maintained, or if the officer did not follow correct procedures, the results may be invalid. There is also a defense called “rising BAC,” which argues that your blood alcohol level was below the legal limit while driving but rose to 0.08 percent or higher after you were pulled over.
• You may also argue that your behavior was caused by something other than alcohol or drugs, such as fatigue, illness, or a medical condition that mimics intoxication.
• Finally, a lack of evidence can be a strong defense. If the prosecution cannot prove beyond a reasonable doubt that you were impaired while driving, the court must find you not guilty.

The Critical DMV License Hearing

After a DUI arrest in Los Angeles, you face two separate cases: the criminal court case and an administrative action against your driver’s license by the California Department of Motor Vehicles (DMV).

You must schedule a DMV administrative hearing within 10 days of your arrest to challenge the automatic suspension of your license. If you fail to request this hearing, the DMV will automatically suspend your driving privileges after 30 days.

This hearing is your only opportunity to present evidence and argue against the suspension. An attorney from our firm can represent you at this hearing, challenge the evidence, and question the arresting officer. This process is entirely separate from your court proceedings and is critical for protecting your ability to drive
How We Can Handle Your Los Angeles, CA DUI Case for You

At Chudnovsky Law, our experienced Los Angeles DUI lawyers are ready to handle every part of your criminal case from start to finish. Being charged with a DUI can be scary and confusing, but you don’t have to go through it alone. Our team is here to guide you, protect your rights, and fight for the best possible result.

From the moment you hire us, we take control of the legal process. We will carefully review the details of your arrest, including the police report, breath or blood test results, and any video footage. If your rights were violated or if law enforcement made mistakes, we will use that to your advantage in court.

Our attorneys will also represent you at all court appearances, so you won’t have to face the judge or prosecutor by yourself. We handle all paperwork, filing deadlines, and legal motions, making sure everything is done correctly and on time.

We work to challenge the evidence against you. That might mean questioning the accuracy of field sobriety tests, breathalyzers, or blood samples. If the traffic stop was illegal or the testing equipment was faulty, we will aggressively push to get the charges reduced or dismissed.

In addition to fighting the criminal charges, we can protect your driver’s license by representing you at your DMV hearing. This is a separate process from the court case, but it is just as important, since it affects your ability to drive.

At Chudnovsky Law, we also understand how stressful a DUI case can be, so we make sure to explain each step in plain language and keep you informed. Whether it’s your first DUI or you’ve been charged before, we will build a strong defense and work toward the best outcome, whether that’s a dismissal, reduced charges, or a lighter sentence.

When your future is on the line, you can trust our skilled Los Angeles DUI lawyers to stand by your side and fight for you every step of the way.

Most Important Steps to Take if You’re Arrested for DUI in Los Angeles 

If you are arrested for DUI in Los Angeles, it’s important to take immediate action to protect your rights and your future. What you do in the hours and days following your arrest can have a big impact on the outcome of your case.

• First, stay calm and cooperate with law enforcement. 
• Next, contact an experienced DUI defense attorney at Chudnovsky Law right away. 
• You also need to request a DMV hearing within 10 days of your arrest. 
• Finally, write down everything you remember about the traffic stop and arrest while it’s still fresh in your mind.

Frequently Asked Questions About DUIs in Los Angeles

What is the difference between the DMV hearing and the criminal court case?

• The DMV hearing, called an Administrative Per Se (APS) hearing, addresses only your driving privileges. The hearing officer decides if the evidence supports a license suspension.
• The criminal court case determines your guilt or innocence on the DUI charge. A judge in the criminal case imposes penalties like fines, jail time, and DUI school. You can win one case and lose the other.

What happens if I refuse the chemical test?

Refusing a post-arrest blood, breath, or urine test violates California's implied consent law. The penalties for a refusal are often more severe than for a standard DUI.

For a first offense, a refusal results in a mandatory one-year license suspension without the possibility of a restricted license. The prosecutor can also use your refusal as evidence of guilt in your criminal case.

What is an ignition interlock device (IID)?

An ignition interlock device is a small breathalyzer connected to your car's ignition. Before you start the car, you must blow into the device to prove your BAC is below a pre-set low limit.

The court or DMV may require you to install an IID in your vehicle to get your driving privileges restored after a DUI conviction. You are responsible for the installation and monthly maintenance costs.

Can a DUI charge affect my professional license?

Yes. A DUI conviction creates a criminal record that you may have to report to state licensing boards for professions like nursing, medicine, law, aviation, and real estate. Depending on the board's rules, a conviction could lead to disciplinary action, including suspension or revocation of your professional license.

Contact an Experienced Los Angeles, CA DUI Lawyer Today

At Chudnovsky Law, we are prepared to fight for your legal rights and pursue the best possible result in your criminal case.

For a free case evaluation and legal consultation with a knowledgeable Los Angeles, CA, DUI attorney, please call us at (213) 212-5002 or contact us online for more information.