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DUI

DUI Lawyer in Los Angeles

A DUI arrest can happen in seconds—and the consequences can last for years.

If you have been arrested for driving under the influence in Los Angeles, even a first DUI, you may be facing license suspension, jail time, heavy fines, increased insurance rates, and a permanent criminal record.

A typical drunk driving arrest, mainly governed by California Vehicle Code Section 23152 VC, is usually prosecuted as a DUI misdemeanor

A DUI charge is not a conviction. Breath tests fail. Blood tests are mishandled. Police make mistakes.

An experienced Los Angeles DUI lawyer can challenge the evidence, protect your rights, and fight for the best possible outcome.

Schedule your free consultation at (310) 274-6529 or use the contact form here.


Hire an Experienced Los Angeles DUI Defense Attorney

At Esfandi Law Group, DUI defense is not a side practice—it is a core focus. Attorney Seppi Esfandi has over 20 years of experience defending DUI cases in Los Angeles County courts and DMV hearings.

Our firm is known for:

  • Aggressive courtroom defense

  • Detailed analysis of police conduct and testing procedures

  • Strategic negotiation for reduced charges or dismissals

  • Personalized defense strategies for each client

Related Legal Topics

  • California law recognizes two main types of misdemeanor DUI offenses under this statute: driving while impaired and driving with a blood alcohol concentration at or above the legal limit.
  • In California, there's an important period between arrest and when the prosecutor decides to file charges, and during this time, experienced legal advocacy can make a real difference in your case. This phase is known as prefiling intervention. It gives a criminal defense attorney the chance to present evidence, contest allegations, and work towards lowering or dismissing charges before the first court appearance.
  • The criminal statute of limitations defines the maximum period within which the government can bring charges following an alleged offense. If prosecutors initiate a case after this deadline has passed, it can be dismissed.
  • California Vehicle Code 22651 details the circumstances under which law enforcement officers and authorized personnel are permitted to tow and impound a vehicle.
  • Under Business and Professions Code 25661, it is illegal for anyone under 21 to possess or use false ID, including using someone else's valid ID or carrying a fake document to buy alcohol.
  • Failure to appear in California occurs when someone is legally required to attend a court hearing and intentionally skips it. Known as “FTA,” this can lead to additional charges, fines, and a bench warrant for arrest.
  • House arrest in California, or home confinement, is an alternative form of sentencing that lets eligible individuals serve jail time at home instead of in a county jail.
  • A preliminary hearing in California, often called a “prelim,” is a critical stage in felony criminal cases where a judge determines whether there is sufficient evidence to proceed to trial.
  • In many cases, qualifying defendants can participate in pretrial diversion programs, completing treatment, education, counseling, or other court-mandated requirements in exchange for having charges dismissed.
  • Boating under the influence, often called a BUI, is strictly regulated under California Harbors and Navigation Code 655.
  • According to California Vehicle Code 23152e VC, taxi, limousine, and ride-sharing drivers are prohibited from operating a vehicle with a blood alcohol concentration (BAC) of 0.04 percent or higher when a paying passenger is present.

What Is a DUI Under California Law?

Under California Vehicle Code §23152(a), a person may be charged with DUI if they drive while impaired, even if their blood alcohol concentration (BAC) is below 0.08%.

To convict you of DUI, the prosecution must prove:

  1. You drove a motor vehicle

  2. You were under the influence of alcohol and/or drugs

“Under the influence” means your mental or physical abilities were impaired such that you could not drive with the caution of a sober person under similar circumstances.

The implied consent legal doctrine means that by driving on California public roads, you accept that you agree to chemical testing if lawfully arrested for a DUI.

Codified under California Vehicle Code Section 23152(b) VC, this statute establishes what the legal system calls a per se DUI offense.

Bad driving alone is not enough. Police must lawfully stop you and gather admissible evidence.

California open-container laws regulate the possession and consumption of alcohol and cannabis in vehicles. These laws are intended to reduce impaired driving, protect public safety, and prevent distractions while driving.

Being arrested but not charged can be a stressful and confusing experience. Many believe that if prosecutors drop the case, the arrest will vanish. However, an arrest can remain on your record even without formal charges or a conviction.

DUI Traffic Stops and Arrests in Los Angeles

Police must have reasonable suspicion of a traffic violation to stop your vehicle. DUI stops often begin with:

  • Alleged speeding or lane violations

  • DUI checkpoints

  • Equipment violations

After the stop, officers may request:

  • Field sobriety tests (voluntary)

  • A Preliminary Alcohol Screening (PAS) breath test

  • Chemical testing after arrest to determine BAC

Vehicle Code 23612 VC defines DUI chemical test refusal enhancements.

Improper stops, unlawful arrests, and testing errors are common—and defensible.

In California, hitting a parked car can occur in just seconds, but your immediate response can decide if it stays a minor issue or turns into a criminal matter.


DUI Charges in California

First-Time DUI

  • Fines and penalties up to ~$2,000

  • License suspension

  • DUI school

  • Possible jail time

A misdemeanor conviction may show up on a background check, particularly if it is recent or if you are still on probation.

Under Vehicle Code 23572, penalties are much harsher if a driver faces a DUI charge and has a passenger under 14 in the vehicle.

Second DUI (Within 10 Years)

  • Increased fines

  • Longer license suspension

  • Mandatory alcohol programs

  • Jail exposure

Vehicle Code 23540 VC is a California law that imposes additional penalties if you receive a second DUI conviction within ten years of a prior DUI conviction.

Felony DUI

A DUI may be charged as a felony if:

  • Someone was injured or killed

  • You have three or more prior DUI convictions

  • The case involves aggravating factors

Under California Vehicle Code 23550 VC, a fourth DUI is treated as more than a standard DUI misdemeanor. 

Felony DUIs can result in years in state prison.

Underage & Commercial DUI

DUI Involving Drugs (DUID)

California DUI laws also apply to drugs, including:

  • Illegal substances

  • Prescription medications

  • Over-the-counter drugs

Unlike alcohol DUIs, there is no legal drug limit, making these cases more subjective—and often more defensible.

Law enforcement relies on:

  • Drug Recognition Experts (DREs)

  • Blood or urine testing

We challenge officer training, test reliability, and scientific assumptions.

California Vehicle Code 23152(c) VC makes it a crime to drive while addicted to drugs, regardless of whether you are under the influence at the precise moment of driving.

DUI Accidents & Injury Cases

If a DUI involves an accident or injury, prosecutors may file charges under Vehicle Code 23153.

Potential penalties include:

  • State prison time

  • Restitution

  • Felony record

  • Civil lawsuits from injured parties

A "Watson Murder" is a legal term in California for cases in which someone drives under the influence, causes a fatal crash, and faces second-degree murder charges under California Penal Code Section 187 (PC 187).

Under California Vehicle Code Section 23104, operating a vehicle with reckless or malicious disregard for safety that causes physical injury to another person is illegal, called "reckless driving causing injury."

These cases require immediate legal intervention.


Will I Lose My Driver's License?

DUI cases involve two separate proceedings:

  1. Criminal court

  2. DMV administrative hearing

You have 10 days from arrest to request a DMV hearing—or your license will be automatically suspended.

Possible outcomes:

  • Full suspension

  • Restricted license

  • Reinstatement after hearing

At the DMV hearing, the hearing officer reviews evidence regarding the DUI arrest.

A skilled DUI lawyer can often stop or delay license suspension.


How a Los Angeles DUI Lawyer Defends Your Case

At Esfandi Law Group, we build DUI defenses by examining:

Unlawful Traffic Stops

If police lacked reasonable suspicion, the case may be dismissed.

Breath & Blood Test Errors

  • Improper calibration

  • Chain-of-custody issues

  • Rising BAC defense

  • Laboratory contamination

If you were arrested for DUI in California and underwent a chemical blood test, the results are not automatically the final outcome of your case. You can file a blood split motion to ask for an independent retesting of your blood sample.

Lack of Probable Cause

Arrests made without legal justification can invalidate the case.

Medical & Environmental Factors

GERD, medications, fatigue, and mouth alcohol can cause false results.

Title 17 Violations

California law requires strict testing procedures. Violations undermine reliability.


DUI Expungement in California

If you complete probation successfully, you may qualify for a DUI expungement under Penal Code §1203.4.

Benefits include:

  • Case dismissal

  • Improved employment opportunities

  • Cleaner criminal record

Expungement does not remove the DUI from DMV records, but it can significantly improve your future.


Immigration Consequences of a DUI

For non-citizens, DUI convictions can trigger:

  • Visa issues

  • Green card denial

  • Deportation proceedings (in aggravated cases)

Early legal strategy is critical to avoid immigration consequences.


What To Do After a DUI Arrest

  1. Do not plead guilty

  2. Remain silent

  3. Request a DMV hearing immediately

  4. Contact a DUI lawyer right away

Time is your enemy in DUI cases.


Speak With a Los Angeles DUI Lawyer Today

A DUI arrest does not define your future—but failing to act quickly can. The prosecution is already building its case against you.

In criminal law, the terms acquitted and not guilty are often used interchangeably, but they are not identical.

Judicial diversion, as outlined in California Penal Code 1001.95, enables a judge to suspend a criminal case and divert a defendant into a program rather than proceed with prosecution.

In certain situations, waiving a jury trial in favor of a bench trial may be a strategic move.

A DUI conviction under California Vehicle Code Section 23152 involves more than penalties like fines, probation, or jail; it can also jeopardize the careers of many Californians who hold professional licenses regulated by the state.

At Esfandi Law Group, we fight DUI charges aggressively and strategically, using decades of experience to protect your freedom, license, and reputation.

📞 Free DUI Consultation: (310) 274-6529 

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