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DUI

Are you facing a driving under the influence (DUI) charge? In California, driving under the influence of alcohol or drugs is a serious offense. California has some of the toughest DUI laws in the country, and the state utilizes a lot of resources enforcing and prosecuting these laws. If you have been charged with a DUI offense, you may be facing time in jail, suspension of your driving privileges, a requirement to attend alcohol/drug classes, community service, and a fine. Your best defense is to hire a skilled and experienced DUI defense attorney to help you fight the charges.


Driving under the influence of drugs—or a combination of drugs and alcohol—carries the same penalties as a typical DUI. In California, “drugs” are defined as any substance (other than alcohol) that has a serious effect on your nervous system and muscles. In other words, if it impairs your ability to think, react, and drive, then it is a drug. There is no distinction between legal or illegal drugs in this case, and you can be charged with a DUI-Drugs if you are driving while affected by:


  • Over-the-counter medications
  • Marijuana
  • Illegal drugs and narcotics (methamphetamine, cocaine, etc.)
  • Legally prescribed medications, including antidepressants, pain medications,
  • sleep meds, etc.


Because there isn’t a direct correlation between the quantity of the drug in your system and impairment (as there is with alcohol), determining whether you are impaired by drugs may involve field tests or the assistance of a drug recognition expert (DRE) to evaluate your condition.

Penalties for DUI

Penalties for DUI can be severe and extremely burdensome on your daily life, even for first offenders.


For a first offense, the penalties can include:

  • A fine of $2,500 or more
  • Up to 6 months in jail
  • A 4-month driver’s license suspension
  • A 3-month DUI class
  • A requirement to carry an additional auto insurance certificate, known as an SR-22
  • 3-5 years of probation
  • Potential installation of an ignition interlock device on any vehicle you own
  • Community service
  • Having your vehicle impounded

For a second offense, the penalties can include, in addition to those for a first offense:

  • Minimum 4 days in jail, and up to one year
  • Up to 2 years driver’s license suspension
  • An 18-month DUI class
  • 5 years of probation

For a third offense, additional penalties can include:

  • Minimum 120 days in jail, and up to one year
  • 3 years driver’s license suspension (and possible revocation)
  • Designation as a Habitual Traffic Offender (which requires more severe penalties)
  • Potential forfeiture of your vehicle

For a fourth or more offense, felony charges will likely be filed against you, and you will be facing time in prison if convicted. In addition to these penalties, there are additional punishments for aggravating factors such as:

  • Refusing a chemical test
  • Excessive speed
  • Being involved in a collision
  • Injuring (or killing) another person
  • Having a person under the age of 14 in the car at the time of the offense
  • Getting a DUI while under the age of 21


The sentence you receive will depend on your prior criminal convictions, your background, and the circumstances of the offense. These aggravating factors, however, usually result in a longer time in jail, the loss of your license, the loss of your car, and heavier fines. Even a first DUI can be treated like a third offense if there are enough aggravating factors.


Hiring a skilled and experienced DUI defense attorney is extremely important. There are defenses to DUI that an experienced attorney can explore on your behalf to challenge the prosecution’s case. DUI charges can be reduced, or dismissed altogether. However, time is of the essence in these cases, so you should not delay in contacting an attorney to begin investigating the case and working towards a positive outcome.


At Bruner Law, APC, we recognize the risks our clients are facing with a DUI charge. That is why we work hard to protect their rights by providing exceptional legal support and a clear strategy for how to move forward. Our objective is to minimize the risk of receiving the most serious consequences in these laws. Your best defense is to hire a skilled and experienced DUI attorney in California to fight the charges. Attorney Bruner has experience in helping clients through the most difficult cases.

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