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Like almost every other state, California has cracked down considerably on DUI offenses in recent years.  Statutes now offer prosecutors a variety of measures against the DUI offender, making it a very costly mistake.

First-time offenders can expect an automatic 48 hours in jail and fines that run from $390 to $1000 plus penalties and court costs.  A 4 month license suspension also goes with a first-time DUI, although the court may restore a license after 30 days if hardship can be proven.  Offenders under 21 can lose their license for an entire year.  Depending on the judge and prosecutor's discretion, mandatory DUI school, vehicle impoundment and/or an ignition interlock device may be imposed.  Also according to the court's discretion, probation (informal) and community service might come into play. 

Second offenses face much more stringent punishment.  On a second DUI, there's a mandatory 90-120 days in jail (possibly stretching further), and an automatic year's driver's license suspension.  The multiple offender may have his vehicle seized and auctioned off, and could be put on 3 to 5 years' informal probation (no officer to report to).  The DUI school requirement can run as long as 18 to 30 months, but the court might trade part of the offender's jail time for 10 days' worth of community service. 

As in most other states, California's threshold for blood alcohol content is now 0.08%. Even a BAC of lower than the legal limit can still result in a DUI, according to the officer's discretion.  In addition, California law includes "implied consent," meaning that by holding a California driver's license, you automatically give your permission for a breathalyzer, blood test or urine test if you're suspected of DUI.  Refusal will result in an automatic administrative suspension of your license.  If other factors are involved (bodily injury, death, property damage), your DUI may be elevated to felony status, bringing with it much harsher consequences.  Third DUI offenses in California are usually considered felonies.

Defense strategies for a DUI trial in California usually include:

Analyzing the arresting officer's experience and qualifications.  How many DUI cases has the officer been involved with?  How long has he been on the force?  Does the prosecutor approach any of these issues, or leave them open to question?  How thorough was the officer's arrest report, notes, video evidence and observation?  These factors can all mean the difference between a guilty plea, a plea bargain or a trial by jury.

Field evidence.  This can entail procedures during the traffic stop or DUI checkpoint.  Did the officer go by-the-book and follow field sobriety procedure to the letter?  Did he try to "influence" the suspect in any way?  What sort of equipment was used to determine the DUI?  (The "passive alcohol sensor" often hidden in an officer's flashlight is notoriously inaccurate).  Did the officer's memory serve him 100% accurately when writing the arrest report, and is it still accurate during the trial?

Chemical evidence.  The attorney can look at factors like the defendant's drinking pattern, which can involve the number and kind of drinks, the period of time in which the drinks were consumed, the amount and type of food in the stomach, the weight and gender of the person, indications of the person's tolerance for alcohol and the person's physical and emotional condition.  Also at the defense attorney's disposal are issues with blood draws, urinalysis (an unreliable indicator of DUI), and the qualifications of the officer or tech that administered the breathalyzer or blood draw.  

Breathalyzers.  There are many ways in which a breathalyzer test can be mishandled or done improperly.  Not only that, but a number of medical problems (such as diabetes) can mimic intoxication.  Officers are often cross-examined on their administration of the breathalyzer test itself, or the breathalyzer equipment can be called into question.

Expert testimony.  As with many other criminal cases, an attorney can bring in expert witnesses in the form of toxicologists, phlebotomists, medical specialists or even retired police officers.

Legal precedent.  The law books are full of precedent for DUI cases that were mishandled, or where defendants were railroaded into their DUI convictions.  Any defense attorney worth his salt will scour the legal precedents in a DUI case.

Remember, though --

Even if you fight a DUI case in California and win, it can still be a very expensive proposition.  Court costs, attorney's fees, filing fees and all other factors can easily add up to $15,000-20,000.  In the unlikely event that you can plea-bargain down to a lesser charge, you can still expect stiff legal fees and court costs, and super-expensive insurance for several years.  The best defense against a DUI in California or any other state is to not risk it in the first place. 

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