DUI Creative, Passionate, Highly-Skilled Representation

Los Angeles DUI Attorney

Dealing with a Driving Under the Influence Charge

Many people have their first contact with law enforcement during a DUI investigation. The experience of the stop, investigation, and arrest can be traumatic. However, the legal process does not have to be.

Attorney Ian Wallach has handled hundreds of DUI matters throughout Los Angeles. He has tried many DUI trials with exceptional results. Additionally, he is familiar with the Judicial Officers and Prosecutors throughout Los Angeles County. He understands how matters can be misfiled and how to use the potential ramifications of a DUI on one's livelihood or immigration status to the client's advantage.

If you or a loved one has been arrested on a DUI, call The Law Offices of Ian Wallach, P.C. at (213) 375-0000 for a free consultation and an explanation of the legal process and your options.

What Is a DUI in California?

California Penal Code 23152 PC is the law concerning DUIs. Although many people associate this offense with drinking alcohol and driving, you could be charged with it if you were under the influence of a drug while behind the wheel. This is true regardless of whether the substance you took was a legal medication or an illegal drug.

California's law specifically states that a person commits a DUI when they drive and they:

  • Are under the influence of alcohol;
  • Are addicted to any drug;
  • Have a blood alcohol concentration (BAC) of .08 or more;
  • Have a BAC of .04 or more (if they operate a commercial vehicle);
  • Have a BAC of .04 or more (if they are transporting a passenger for hire);
  • Are under the influence of a drug; or
  • Are under the combined influence of a drug and alcohol

Can I Lose My Driver's License Because of a DUI Conviction?

One of the sanctions that can be imposed upon you in a DUI matter is a driver's license suspension or revocation. But this consequence doesn't only result after a DUI conviction; it can be imposed immediately after your arrest. The reason is two processes are at work: the administrative and the criminal.

The first process is referred to as Administrative Per Se (APS), and the DMV oversees it. After your DUI arrest, the officer will take your driver's license card and issue a notice of suspension. The notice allows you to drive for 30 days. If you don't request a DMV hearing within 10 days of receiving the letter, the agency will issue a full driver's license suspension.

The DMV hearing is your chance to show the department that suspending your driver's license is unwarranted. If the DMV decides in your favor, you won't lose your driving privileges.

However, if you’re unsuccessful at the hearing, the suspension or revocation period may be as follows:

  • If you're 21 or older and you took a chemical test:
    • 4 months for your first offense
    • 1 year for your second offense within 10 years of the previous
  • If you're 21 or older and you refused or failed a chemical test:
    • 1 year for your first offense
    • 2 years for your second offense within 10 years of the first
  • 3 years for your third or subsequent offense within 10 years of the prior
  • If you're under 21 and you took the chemical test:
    • 1 year
  • If you're under 21 and you refused or failed the chemical test:
    • 1 year for your first offense
    • 2 years for your second offense within 10 years of the previous
    • 3 years for your third or subsequent offense within 10 years of the previous

It's important to note that the DMV action is separate from your criminal case. Thus, whether or not your driver's license is suspended or revoked by the department, if you're found guilty of driving under the influence, you will still lose your driving privileges.

A DUI conviction could mean the loss of your license for:

  • 6 months for your first offense
  • 2 years for your second offense within 10 years of the previous
  • 3 years for your third offense within 10 years of the previous
  • 4 years for a fourth or subsequent offense within 10 years of the previous

Can I Go to Jail for a DUI Conviction?

A driver's license suspension or revocation isn't the only punishment you can face for a DUI conviction. The court may also sentence you to jail and/or order you to pay a fine.

Possible conviction penalties are as follows:

  • First offense:
    • Between 96 hours and 6 months in jail, and/or
    • Between $390 and $1,000 in fines
  • Second offense within 10 years of the previous:
    • Between 90 days and 1 year in jail, and/or
    • Between $390 and $1,000 in fines
  • Third offense within 10 years of the previous:
    • Between 120 days and 1 year in jail, and/or
    • Between $390 and $1,000 in fines
  • Fourth or subsequent offense within 10 years of the previous:
    • Between 180 days and 1 year in jail, and/or
    • Between $390 and $1,000 in fines

If you've been accused of a DUI in Los Angeles, much is at stake, which is why you need an attorney who knows how to fight these charges. Ian Wallach is highly skilled, compassionate, and creative. He will deliver the personalized representation you deserve.

Schedule a free initial consultation with The Law Offices of Ian Wallach, P.C. by calling (213) 375-0000 or completing an online contact form today.

Meet Your Attorney

Board of Directors Member for National Association of Criminal Defense Lawyers
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    Ian Wallach

    Founding Attorney

    Ian Wallach is a trial lawyer at heart who zealously and vigorously fights for his clients, while taking great pleasure in his work. He combines his strong academic and writing skills ꟷ polished while at a national law firm ꟷ with the tactics learned in his many jury trials as a Deputy Public Defender and afterwards. Ian Wallach believes it is a privilege to assist those fighting against the forces of government. While at U.C. Hastings in 1999, Ian Wallach completed a specialized concentration ...
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Why Choose The Law Offices of Ian Wallach?

  • Admitted to Practice Law in California, New York, & Colorado
  • Board of Directors Member for National Association of Criminal Defense Lawyers
  • Not Afraid of Going to Trial
  • An Abundance of Notable Case Outcomes
  • Compassionate Client Service & Innovative Legal Strategies
  • Member of the United States Supreme Court Bar