DUI Laws & Penalties in California

Understand the Consequences of a DUI and How Kersey Law Can Help Protect Your Rights and Future

  • Nearly 80% of DUI Arrests in California Lead to License Suspension

    Without timely intervention, almost 80% of DUI arrests result in an automatic license suspension. Don’t wait—taking action now can protect your driving privileges and your future.

  • First-Time DUI Convictions Can Result in Fines Up to $1,800

    Even a first-time DUI offense can carry serious financial consequences, with fines and fees reaching up to $1,800. An experienced defense can help reduce or eliminate these penalties.

  • Drivers with Legal Representation Are 50% More Likely to Avoid Severe Penalties

    Studies show that drivers with legal representation are 50% more likely to avoid harsh penalties like jail time or excessive fines. Hiring the right defense attorney can significantly improve your outcome.

Facing a DUI charge in California can be one of the most stressful experiences of your life. You’re probably wondering about the legal consequences, your driving privileges, and how this will affect your future. At Kersey Law, we understand the uncertainty you’re facing, and we’re here to guide you through the complex web of DUI laws and penalties. With over 15 years of experience defending clients against DUI charges, we are committed to providing aggressive and effective representation to protect your rights, your license, and your future.

California DUI Laws: What You Need to Know

In California, driving under the influence (DUI) is a serious offense that can lead to harsh penalties. Understanding the basics of the law and how it applies to your case is crucial. Here are some of the key DUI laws you need to be aware of:

Blood Alcohol Concentration (BAC) Limits

California’s legal BAC limits are:

  • 0.08% for drivers over 21 years old.
  • 0.01% for drivers under 21 (Zero Tolerance Law).
  • 0.04% for commercial drivers.

If your BAC exceeds these limits, you can be charged with a DUI, regardless of whether you feel impaired.

Implied Consent Law

California has an implied consent law, which means that by driving in the state, you automatically consent to a breath or blood test if law enforcement suspects you’re driving under the influence. Refusing to take a chemical test can result in automatic license suspension and additional penalties, even if you’re not convicted of DUI.

Navigating California’s complex DUI laws on your own can feel overwhelming. At Kersey Law, we simplify the process for you, making sure you understand every step while we fight to protect your rights. Our experienced team knows how to challenge every aspect of the prosecution’s case to put you in the best position for success.

DUI Penalties in California: What’s at Stake?

The penalties for a DUI conviction in California vary based on several factors, including whether it’s your first offense or if you have prior DUI convictions. Here’s a breakdown of what you could be facing:

Offense Fines Jail Time License Suspension Additional Penalties
$390 – $1,000
Up to 6 months
6-month suspension
DUI school, probation
$390 – $1,000
96 hours to 1 year in jail
2-year suspension
Ignition interlock device
$390 – $1,800
120 days to 1 year in jail
3-year suspension
Longer DUI school, probation
$390 – $5,000
Up to 1 year (misdemeanor)
1 to 3 years (misdemeanor)
Restitution to victims
Up to $5,000
16 months to 3 years
4-year suspension
Extensive fines, restitution

DUI with Injury: The Stakes Are Even Higher

If you’ve been involved in an accident while driving under the influence that resulted in injury to another person, you may be facing a DUI with injury charge. In these cases, the penalties are even more severe:

  • Felony Charges

    DUI with injury can be charged as a felony, resulting in prison time.

  • Restitution

    You may be required to pay compensation to the injured party.

  • License Revocation

    A conviction could lead to permanent loss of your driver’s license.

At Kersey Law, we understand the serious implications of these charges, and we’ll fight to reduce or dismiss the charges whenever possible.

When a DUI involves injury, the stakes rise dramatically. At Kersey Law, we know how to navigate these serious charges with precision and determination. Our team works to reduce the severity of the charges, protect your freedom, and defend your future, using every legal avenue to achieve the best possible outcome.

Featured Client Story

Your Future Matters
Let Us Help You Protect It

  • 24/7 Availability To Quickly Address Your Needs

    Our firm is available all hours of the day for your emergency needs should they arise as a client.

  • 15+ Years of Experience

    We have handled nearly every type of accusation, from misdemeanor marijuana charges to capital murder and everything in between.

  • We Return All Phone Calls Within Hours

    Unlike most firms who take days, weeks, or even months to respond to a client’s needs, we have a strict 24-hour business return phone call policy. You will hear from your law firm.

Why You Need a Skilled DUI Attorney

Fighting to Protect Your License and Your Freedom

A DUI conviction can have long-lasting consequences beyond fines and jail time. Losing your license can affect your ability to work, take care of your family, and live your daily life. At Kersey Law, we take an aggressive and strategic approach to defending DUI cases. We work tirelessly to minimize the penalties, and when possible, we’ll seek to have your charges reduced or dismissed altogether.

Challenging the Evidence Against You

Many people believe that if their BAC was over the legal limit, they have no defense. But that’s not always the case. There are many ways to challenge a DUI charge, including:

  • Improper Traffic Stop: Did the officer have legal grounds to pull you over?
  • Faulty Breathalyzer Results: Was the device properly calibrated? Was it used correctly?
  • Medical Conditions: Conditions like acid reflux or diabetes can produce false-positive BAC readings.
  • Field Sobriety Test Errors: These tests are often subjective and can be affected by factors like weather, lighting, and the individual’s physical condition.

Personalized Defense Strategy

At Kersey Law, we don’t use a one-size-fits-all approach to DUI defense. Every case is unique, and we tailor our defense strategy to the specific circumstances of your arrest. We’ll thoroughly investigate your case, challenge the evidence, and work tirelessly to protect your rights and your future.

A DUI conviction can have long-lasting effects on your personal and professional life. The right attorney can make all the difference. At Kersey Law, we don’t just defend cases—we fight to protect your future. Our tailored, aggressive defense strategies are designed to challenge the evidence and pursue reduced charges or dismissals.

The Importance of Acting Fast: Don’t Wait to Protect Your License

After a DUI arrest, you only have 10 days to request a DMV hearing to challenge the automatic suspension of your driver’s license. Failing to act within this window means your license could be suspended automatically—even if you’re not convicted of DUI in court.

At Kersey Law, we take immediate action to protect your driving privileges and defend you against the criminal charges. Time is of the essence, and the sooner you contact us, the stronger your defense can be.

Time is not on your side after a DUI arrest. With only 10 days to request a DMV hearing, acting fast is critical to saving your license. At Kersey Law, we move quickly to protect your rights and defend your driving privileges. The sooner we start building your defense, the stronger your case will be.

Featured Client Story

Your Future Matters
Let Us Help You Protect It

  • 24/7 Availability To Quickly Address Your Needs

    Our firm is available all hours of the day for your emergency needs should they arise as a client.

  • 15+ Years of Experience

    We have handled nearly every type of accusation, from misdemeanor marijuana charges to capital murder and everything in between.

  • We Return All Phone Calls Within Hours

    Unlike most firms who take days, weeks, or even months to respond to a client’s needs, we have a strict 24-hour business return phone call policy. You will hear from your law firm.

Contact Kersey Law Today for a Strong Defense

If you or someone you love is facing DUI charges in California, Kersey Law is here to help. Our team of experienced, award-winning criminal defense attorneys has helped countless clients navigate DUI charges and emerge with their licenses and futures intact. Don’t let a DUI conviction define your future—we’re ready to fight for you.

Call us today at 619-329-8385 or fill out our online form for a free consultation. Your future is worth protecting.

Why Kersey Law is the Right Choice for High-Stakes Criminal Defense

  • Protecting Your Reputation and Career—We Know What’s at Stake

    When your career, reputation, and future are on the line, there’s no room for mistakes. At Kersey Law, we understand that losing is not an option. We take a proactive and discreet approach to every case, ensuring your professional standing is safeguarded at every step. Your case will be handled with the utmost confidentiality, ensuring that your public and private life remain intact. For clients with the highest stakes, we focus on delivering the exceptional outcomes you deserve.

  • 24/7 Availability—We Are Here When You Need Us Most

    Legal emergencies don’t wait for business hours, and neither do we. As a client of Kersey Law, you’ll have access to 24/7 availability for urgent matters. We’re here when you need us, ensuring that critical situations are addressed immediately. Whether it’s the middle of the night or the weekend, you can count on us to be there and act quickly. This level of support is vital when everything is on the line.

  • Our Experience—Proven Results in High-Stakes Cases

    Kersey Law has defended nearly every type of criminal accusation, from misdemeanors to capital offenses. Whether you’re facing charges like Sexual Assault, DWI, or even Aggravated Assault with a Deadly Weapon, our team has the experience and expertise to handle the most complex, high-stakes cases. We’ve built a proven track record of success in defending clients whose futures depend on the outcome. Trust us to use every tool at our disposal to fight for you.

  • We Return All Phone Calls Within Hours—Because Your Case Deserves Immediate Attention

    Unlike many firms that leave clients waiting for days or weeks, we have a strict 24-hour callback policy. Your calls will be returned within hours, ensuring that you’re never left in the dark. We understand the urgency of your situation, and we pride ourselves on keeping the lines of communication open. Your case is our top priority, and you’ll always know where things stand.

  • Strategic, Relentless Defense—We Go Above and Beyond

    At Kersey Law, we go above and beyond to provide a strategic, personalized defense tailored to your specific situation. Our attorneys take the time to fully understand your case and work tirelessly to develop a strategy that aligns with your goals. We’re relentless in our pursuit of the best possible outcomes and leave no stone unturned in defending your rights and future. When you hire us, you can rest assured that your case is in the hands of a legal team committed to delivering excellence.

When everything is on the line, you need a legal team that will protect your future, fight tirelessly for the best outcome, and be by your side at every step.

How it works

It’s easy to get started.
Invest in Your Defense. Protect Your Future.

Results may vary depending on your particular facts and legal circumstances.

Step 1

Request a FREE Case Review

With a free case evaluation, discussing your case details is simple with Kersey Law.

Step 2

We Build Your Defense

If we take on the case, our team will begin an in-depth investigation and craft a personalized defense strategy based on the unique aspects of your situation.

Step 3

We Fight for You

Our dedicated team will vigorously defend your rights and work tirelessly to achieve the best possible outcome.

The truth is, without a strategic defense strategy, you're missing out on a powerful tool to protect your future and achieve the best possible outcome for your case.

Why Choose Kersey Law?

Expertise in High-Stakes Defense​

Our attorneys have a proven track record of success in handling DUI cases in San Diego, providing you with the confidence and assurance you need.

Personalized Legal Strategy​

We understand the importance of maintaining your professional reputation. Our team employs strategies to protect your name and standing within your industry and community.

Discreet and Confidential Representation​

Your privacy is our priority. We handle all cases with the utmost discretion, ensuring your personal and professional reputation remains intact.

Minimizing Disruptions to Your Life

Our strategies focus on minimizing disruptions to your personal and professional life. We understand that your time is valuable, and prolonged legal battles can be detrimental to your career. By efficiently handling your case, we aim to reduce the time and stress involved, allowing you to focus on your work and family.

Proven Track Record

Our success speaks for itself. We have a history of achieving favorable outcomes for our clients, supported by numerous testimonials and case studies.

The truth is, without a strategic defense strategy, you're missing out on a powerful tool to protect your future and achieve the best possible outcome for your case.

See what others have to say about Building a Winning Defense Strategy that Protects Your Future.

Results may vary depending on your particular facts and legal circumstances.

I have no other words to describe Kersey Law group but “”Superb grateful excellent!!””. I’m tearing up writing this because when you are in a difficult situation and you hope and pray that you can have full confidence that your lawyer will truly have your back and take care of you - this was our experience 110% with Kersey. The professionalism Kersey brought to the table, his expertise with confidence and even kindness cannot be matched. He was not only considerate, but takes the time to communicate fully, detailed on what’s needed and does an amazing job handling our case. We truly are very thankful and are appreciative of such a stellar law firm. God bless you.
I had a free consultation with Nathan. From the start, he was honest and said he did not think he was right person for my case as it was a federal matter. Even though Nathan knew I would not be using his services further, he still took the time to help me find someone who could assist me with my case. He was very kind and took his time when explaining everything to me, and gave me hope by pointing me in the right direction. If I ever need legal help I will definitely be coming to him!
They did great handling my case. Marisa was excellent in her communication with me and explaining all of the steps from start to finish as well as making sure I received all the documentation needed.

The truth is, without a strategic defense strategy, you're missing out on a powerful tool to protect your future and achieve the best possible outcome for your case.

Contact us today to hire a DUI defense lawyer in San Diego and secure the representation you deserve.

Recent Client Victories and Case Highlights

Results may vary depending on your particular facts and legal circumstances.

Charges Case Details Outcome Date of Resolution
After a personal dispute escalated into serious legal allegations, the client was left feeling betrayed by both a former friend and their initial legal representation. Dissatisfied with the suggestion of a diversion program, the client sought out Kersey Law for a more aggressive defense. Through meticulous case review and strategic legal action, Kersey Law dismantled the false claims, leading to a full dismissal of all charges. This case underscores the importance of skilled legal representation when facing unfounded accusations.
Charges Dropped
August, 21th 2024
When our client walked into our office, the stakes couldn’t have been higher. Charged with carjacking under Penal Code 215, with allegations of personal infliction of great bodily injury and the use of a knife, he faced an uphill battle. On top of that, four aggravating factors were in play, threatening to make him eligible for the maximum sentence of 16 years and 8 months in prison. Adding to the complexity, he had another case that could have added two more years if found guilty.
Not Guilty
July, 16th 2024
As a criminal defense attorney, I often encounter cases that test the very fabric of justice. One such case involved a young male client facing serious charges, including attempted murder, shooting at an inhabited dwelling, and various firearm-related offenses. The severity of these charges meant that my client was looking at a potential life sentence, with an additional 20-year firearm enhancement, leading to a daunting prospect of over 30 years to life in prison.
Reduced to Lesser Charges With Two Years of Probation
December, 5th 2023

Frequently Asked Questions About DUI Charges in San Diego

We understand that facing DUI charges can be overwhelming. Below, we’ve answered some of the most common questions our clients ask.

In California, domestic violence includes any form of physical, emotional, or psychological abuse inflicted on a spouse, cohabitant, partner, or family member. This can involve acts such as assault, battery, threats, or stalking.

Penalties for domestic violence can range from fines, mandatory counseling, and restraining orders to jail time or even prison, depending on the severity of the case and whether it’s charged as a misdemeanor or felony.

Yes, you can be charged with domestic violence even if there are no physical injuries. Emotional or psychological abuse, threats, and other forms of non-physical harm can also lead to charges.

If you’ve been falsely accused of domestic violence, it’s crucial to contact an experienced criminal defense attorney immediately. At Kersey Law, we will investigate the facts, gather evidence, and work to build a strong defense to protect your rights and reputation.

Fighting Criminal Charges In California

Download Our Powerful Free Guide to Protect Your Future and Navigate the Legal System With Confidence.

More to Explore

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Stay informed with our Criminal Defense Resource Center, covering a wide range of topics from assault and battery to DUI. Access helpful guides, articles, and more to protect your rights.

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