DUI Defense
Los Angeles and Encino DUI defense for first-time and repeat charges — the DMV 10-day rule, breath and blood test challenges, and protecting your license and record under California Vehicle Code § 23152.
Charged with a DUI in Encino, Los Angeles or the San Fernando Valley?
A DUI arrest in California is not one case — it is two, running at the same time. There is the criminal case in court, and there is a separate administrative action against your driver's license through the DMV. The two are decided by different bodies under different rules, and the DMV case moves first: you generally have only about 10 days from your arrest to demand a hearing, or your license is suspended automatically. Most people do not learn this until it is too late.
Boyadzhyan Legal Shield defends drivers throughout Los Angeles and the San Fernando Valley against DUI charges under Vehicle Code § 23152. Founding attorney Knarik Boyadzhyan is a former Deputy Public Defender who has handled DUI and criminal matters at every stage — she understands how the prosecution and the DMV build these cases, and where they break down.
A first-offense DUI is usually charged as a misdemeanor, but the consequences are real and lasting: fines and penalty assessments that reach well past the base fine, a license suspension, mandatory DUI education, and a conviction that stays on your record for 10 years and counts as a prior if it ever happens again. Penalties climb steeply with each prior, and aggravating facts — a BAC of 0.15% or higher, an accident, a refusal, or a child in the car — make everything worse. A DUI charge is not a lost cause. From the first call, we work to protect your license, challenge the state's evidence, and pursue a dismissal, a reduction, or an acquittal.
One arrest, two parallel cases
The DMV gives you roughly 10 days to demand a hearing before your license is suspended automatically — long before your first court date.
Criminal case (court)
Arrest & citation
Booking; release
Arraignment
Charges read; plea entered
Pretrial & motions
Evidence challenged
Trial or resolution
Dismissal, plea, or verdict
DMV case (license)
Deadline · Day 10Request APS hearing
~10-day deadline
Hearing
License suspension contested
Decision
Set aside or suspend
Restricted license / IID
Get back on the road
You have about 10 days to save your license
The DMV suspends your driver's license automatically after a DUI arrest unless you request an Administrative Per Se (APS) hearing — generally within 10 days. This deadline runs independently of your court date. Contact a DUI attorney immediately; we request the hearing, preserve your right to drive while the case is pending, and represent you at the hearing itself.
How the maximum jail exposure escalates
Maximum county-jail exposureCalifornia DUI penalties by offense
| Offense | Jail | License suspension | DUI school | Other |
|---|---|---|---|---|
| 1st (misdemeanor) | Up to 6 months | 6 months (restricted often available) | 3–9 months | Fines + assessments ~$2,000; 3–5 yrs probation; possible IID |
| 2nd (within 10 yrs) | 96 hrs – 1 year | 2 years | 18–30 months | IID required; mandatory minimum jail |
| 3rd (within 10 yrs) | 120 days – 1 year | 3 years | 30 months | “Habitual traffic offender” designation; IID |
| 4th / felony | 16 months – 3 yrs (state prison) | 4 years | 30 months | Charged as a felony; long-term license loss |
| DUI with injury (§ 23153) | Wobbler — up to years in prison | Up to 3+ years | 18–30 months | Restitution to victims; strike exposure if great bodily injury |
General ranges for DUI under Vehicle Code § 23152 within a 10-year lookback period. Actual penalties depend on your BAC, the facts of the case, and the court — these figures are general information, not a prediction of your outcome.
DUI charges we defend
First-offense DUI
A first misdemeanor DUI still threatens your license, your record, and your job. Early, aggressive defense is where first-time cases are won or reduced.
Second & third DUI
Repeat charges within 10 years carry mandatory jail, long suspensions, and ignition interlock. Prior convictions can sometimes be challenged.
Felony DUI
A fourth DUI, or any DUI causing injury, can be charged as a felony under Vehicle Code § 23550 or § 23153 — with state-prison exposure.
DUI causing injury
Vehicle Code § 23153 is a wobbler; when someone is seriously hurt, it can become a strike. These cases demand accident reconstruction and a trial-ready defense.
Drug & cannabis DUI
Vehicle Code § 23152(f) covers driving under the influence of drugs — including marijuana and prescription medication — where there is no reliable per-se limit to test against.
Underage & commercial DUI
Zero-tolerance for drivers under 21 (0.01% under Vehicle Code § 23136) and a 0.04% limit for commercial drivers mean a career or a license can turn on a small number.
How we fight a DUI
The stop was unlawful
Police need a specific, lawful reason to pull you over. If the stop or a checkpoint failed to meet constitutional requirements, we move to suppress everything that followed under Penal Code § 1538.5 — often gutting the case.
Field sobriety tests are unreliable
These tests are subjective and are affected by nerves, fatigue, footwear, weight, uneven pavement, and medical conditions — not just alcohol. Even sober people frequently “fail.”
The breath or blood test was flawed
California's Title 17 regulations govern how chemical tests must be administered — including a 15-minute observation period, proper calibration, and an unbroken chain of custody for blood. Violations make the result challengeable, and Title 17 compliance is a frequently overlooked line of defense.
Rising blood alcohol
Alcohol takes time to absorb. Your BAC may have been below the limit while you were driving and only crossed it later, at the station — meaning the number does not reflect your actual impairment behind the wheel.
Medical & dietary causes
Acid reflux (GERD), a low-carb or keto diet, and diabetes can all produce mouth alcohol or elevated readings that mimic intoxication on a breath machine.
Refusal & implied-consent issues
Under Vehicle Code § 23612 the consequences of a refusal are serious, but the law imposes strict requirements on how officers must advise you — and those admonitions are frequently botched.
No proof you were driving
The state must prove you actually drove the vehicle while impaired. When officers arrive after the fact — at a parked car, a collision scene, or a home — that element is often far harder to establish than it first appears.
No probable cause to arrest
Beyond the initial stop, an officer needs probable cause to arrest. If the arrest itself was not supported, the breath or blood test that followed — and the DMV's case — can be challenged.
How California charges a DUI
California does not have a single DUI law — it has several, and prosecutors often charge more than one at the same time. Vehicle Code § 23152(a) makes it a crime to drive while actually impaired by alcohol or drugs, regardless of your exact blood-alcohol number. Vehicle Code § 23152(b) is the “per se” law: it makes driving with a BAC of 0.08% or higher a crime on its own, whether or not you seemed impaired. A first-time driver is frequently charged under both, so beating the number is not always enough — and neither is being under it.
The limit is not the same for everyone. It is 0.08% for most drivers, 0.04% for commercial drivers and drivers-for-hire under Vehicle Code § 23152(d) and (e), and 0.01% for anyone under 21 under California's zero-tolerance law. Vehicle Code § 23152(f) covers driving under the influence of drugs — including cannabis and prescription medication — where there is no reliable per-se limit at all, which often makes those cases very defensible.
Certain facts turn an ordinary DUI into a far more serious case: a BAC of 0.15% or higher, a refusal, an accident, excessive speed, or a child under 14 in the vehicle. Any of these can add mandatory penalties or push a misdemeanor toward a felony. Understanding exactly what you are charged with — and why — is the first step in taking the case apart.
The DMV case and your right to drive
The criminal court decides guilt; the DMV decides whether you keep your license. Because the DMV action is automatic and fast, protecting your license is the first thing we do — we request the APS hearing within the deadline and appear on your behalf.
A first-offense suspension is generally four months, but most drivers qualify for a restricted license that lets them drive to work, school, and DUI classes, often after installing an ignition interlock device (IID). After a conviction you will also need an SR-22 certificate to reinstate. We walk you through every step so you are never guessing about whether you can legally get to work tomorrow.
What a DUI defense costs — and what it saves
One of the most common questions is simply “how much does a DUI lawyer cost?” — so here is a straight answer. DUI defense is typically handled on a flat fee, quoted up front after we understand your case, so you are not billed by the hour or surprised later. For qualifying situations we offer payment plans.
Weigh that against the true cost of a conviction over the years that follow — the numbers below are general estimates, not a quote, but they show why skilled defense frequently pays for itself in what it prevents.
Fines & penalty assessments
~$2,000
A base fine of a few hundred dollars balloons with court assessments.
Higher insurance (3+ yrs)
$1,000s
A DUI can raise premiums for years and requires an SR-22 filing.
DUI school + IID
$1,000s
Mandatory classes plus interlock installation and monthly fees.
DUI defense in Encino & the San Fernando Valley
Boyadzhyan Legal Shield is based in Encino on Ventura Boulevard and defends DUI cases throughout the San Fernando Valley and greater Los Angeles — Sherman Oaks, Tarzana, Van Nuys, Woodland Hills, Studio City, Northridge, and beyond.
If you were arrested in the Valley, your DUI is very likely to be prosecuted at the Van Nuys Courthouse, which handles criminal cases for the San Fernando Valley. Knowing the local court, its prosecutors, and how these cases are actually resolved in the Valley is an advantage a downtown-only or out-of-area firm cannot offer. We appear in Van Nuys and the surrounding Los Angeles County courts regularly.
Protect your license
We request the DMV APS hearing within the deadline and preserve your right to drive while we investigate.
Investigate & attack the evidence
We obtain the police reports, dispatch and body-cam records, breath-machine calibration logs, and blood-testing records, and identify every weakness in the state's proof.
Negotiate from strength
We push for dismissal or a reduction — such as a “wet reckless” under Vehicle Code § 23103.5 — using the leverage the evidence gives us.
Try the case if needed
We prepare every DUI as if it will go to trial, and we take it there when that is the path to the best result.
How long do I have to save my license after a DUI in California?
You generally have about 10 days from your arrest to request a DMV Administrative Per Se (APS) hearing. If you miss it, your license is suspended automatically regardless of what happens in court. This is the single most time-sensitive step, and it is why calling an attorney immediately matters.
What is the legal BAC limit in California?
0.08% for most drivers (Vehicle Code § 23152(b)), 0.04% for commercial drivers and drivers-for-hire, and 0.01% for anyone under 21 under California's zero-tolerance law. You can also be convicted under § 23152(a) for impairment even if your BAC is below the limit.
Will I go to jail for a first-time DUI?
A first misdemeanor DUI carries up to six months in county jail, but jail is often avoided on a first offense — many first-time cases resolve with probation, fines, and DUI school. Aggravating facts like a high BAC, an accident, or a refusal increase the risk.
Can a first-time DUI be dismissed or reduced?
Yes. DUIs are dismissed or reduced when the stop was unlawful, the field sobriety or chemical testing was flawed, or the evidence is weak. A common reduction is a “wet reckless” (Vehicle Code § 23103.5), which carries lighter consequences. Every case turns on its specific facts.
Can I refuse a breath or blood test?
California's implied-consent law (Vehicle Code § 23612) means refusing a chemical test after a lawful arrest carries its own penalties, including a longer license suspension. But officers must properly advise you of the consequences, and those admonitions are often defective — which can be challenged.
Do I have to install an ignition interlock device (IID)?
An IID is required after most repeat DUIs and is frequently the fastest route to a restricted license even on a first offense. We advise you on whether and when an IID makes sense in your situation.
How long does a DUI stay on my record in California?
A California DUI counts as a prior for 10 years, meaning a second DUI within that window carries enhanced penalties. The conviction itself remains on your record longer, though many people become eligible to expunge it under Penal Code § 1203.4 after completing probation.
What is the difference between a DUI and a 'wet reckless'?
A “wet reckless” (Vehicle Code § 23103.5) is a reduced charge that a DUI can be negotiated down to. It carries lighter penalties, shorter DUI school, and no mandatory license suspension from the court, though it still counts as a prior. Securing a wet reckless is a common favorable outcome.
How much does a DUI lawyer cost in Los Angeles?
We handle most DUI cases on a flat fee quoted up front after reviewing your case, with payment plans available for qualifying situations — so you know the cost before you commit. Weigh it against fines, insurance increases, DUI school, and IID fees that a conviction brings.
How will a DUI affect my car insurance?
A DUI conviction typically causes a significant, multi-year increase in insurance premiums, and you will need an SR-22 certificate to reinstate your license. Reducing or dismissing the charge is often the best way to limit this cost.
Will my DUI be heard at the Van Nuys Courthouse?
If you were arrested in the San Fernando Valley — Encino, Sherman Oaks, Van Nuys, Tarzana, Woodland Hills, and surrounding communities — your DUI is most likely prosecuted at the Van Nuys Courthouse. We appear there regularly.
Can I be charged with a DUI for marijuana or prescription drugs?
Yes. Vehicle Code § 23152(f) covers driving under the influence of any drug, including cannabis and legally prescribed medication. Because there is no reliable per-se blood level for drugs the way there is for alcohol, these cases are often very defensible.
What actually happens at a DMV hearing?
The Administrative Per Se hearing is an informal proceeding — not in a courtroom — where a DMV officer decides only whether your license should be suspended. We can cross-examine the arresting officer, challenge the evidence, and argue the stop and testing. Winning the DMV hearing does not end the criminal case, but it saves your license and often exposes weaknesses we use in court.
Can I get a restricted license so I can still drive to work?
Usually, yes. Most first-offense drivers qualify for a restricted license allowing travel to work, school, and DUI classes, frequently after installing an ignition interlock device. We help you obtain it as quickly as the rules allow so your job and family aren't disrupted.
How will a DUI affect a commercial (CDL) license?
Severely. A DUI — even in your personal vehicle — can disqualify a commercial driver for a year or more, and the commercial BAC limit is only 0.04%. If your livelihood depends on a CDL, the stakes are especially high and early defense is critical.
What if the officer didn't read me my Miranda rights?
Miranda warnings are required before custodial interrogation, not at the moment of a traffic stop. A Miranda violation doesn't automatically dismiss a DUI, but it can suppress statements you made — and the absence of proper procedure is one of many things we examine.
When is a DUI a felony in California?
A DUI is generally charged as a felony on a fourth offense within ten years, or where you have a prior felony DUI. A DUI causing injury (Vehicle Code § 23153) is a wobbler — it can be charged as a misdemeanor or a felony depending on the injury and your record. Felony DUIs carry state-prison exposure, which is why the charge level itself is often something we fight.
Can I be deported for a DUI if I'm not a citizen?
A simple first DUI is generally not a deportable offense, but DUIs involving drugs, injury, a suspended license, or multiple priors can carry immigration consequences. If you are not a U.S. citizen, tell us early so we can protect your status while we defend the case.
How long will my DUI case take?
It varies with the court, the complexity, and whether the case goes to trial — anywhere from a few court appearances over a couple of months to considerably longer for a contested felony. We keep you informed at every stage and, where the law allows, appear on your behalf so you miss less work.
This page is general legal information, not legal advice, and does not create an attorney-client relationship. California statute references link to the official California Legislative Information site.
Ready to discuss your DUI Defense matter?
Schedule a confidential consultation with Boyadzhyan Legal Shield APLC.
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