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In recent years, California has fallen in with most other states by writing a very stringent set of DUI laws.  DUI can be a very costly mistake indeed, as prosecutors are armed with a whole new set of statutes and punishments to pursue the DUI offender.  A first time offense for DUI will mean an automatic 48 hours in jail and fines that range from $390 to $1000, as well as court costs and fees.  First-time DUI's also mean an automatic 4-month suspension of the driver's license, although the court may offer a provisional license after 30 days if a true hardship can be shown.  Offenders under the age of 21 will often lose their license for an entire year.  Other tools at the disposal of the judge and prosecutors include mandatory DUI school, an ignition interlock on the car, informal probation, community service and seizure or impoundment of the vehicle. 

A second offense means a much harsher set of penalties. The second DUI carries a mandatory 90 to 120 days in jail (which could stretch out to an entire year), and an automatic driver's license suspension for a year.  Options like seizure of the vehicle (and possibly auctioning it) and 3 to 5 years' informal probation are not uncommon.  DUI school on the second offense can run as long as 18 to 30 months, but the court or judge may be able to trade part of the offender's jail time or DUI school commitment for 10 days' worth of community service. 

As in most other states, California's threshold for blood alcohol content is now 0.08%. A poor performance on the field sobriety test (or other factors) can still result in a DUI even if your BAC is lower than the legal limit.  Refusal to submit to a breathalyzer isn't an option; California's "implied consent" law means that holding a California drivers' license automatically gives your permission for a breathalyzer, blood test or urinalysis.  Refusal means an automatic admistrative suspension of your license.  Your DUI can be elevated to felony status if factors such as bodily injury or death are involved; also, third DUI offenses are generally considered felonies. 

Defense strategies for a DUI trial in California usually include:

Looking at the arresting officer's experience, training and qualifications. How many DUI cases has the officer handled?  How many years has he served on the force?  How thorough and well-written are the officer's notes, report, observations and video evidence? Does the prosecutor address any of this, or does he leave the door open for the defense? These factors can all mean the difference between a guilty plea, a plea bargain or a trial by jury.

Field evidence.  This goes into the procedures during the traffic stop or DUI checkpoint.  Did the officer administer the field sobriety test by-the-book and down to the letter?  Did he make any remarks that may have "influenced" 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)?  How long was it before the arrest report was written?  Does it match the video evidence?  Did the officer's memory serve him 100% accurately, and is it still accurate during the trial itself?

Chemical evidence.  Every person's tolerance for alcohol is different.  Physiological factors such as the amount and type of food in the stomach, the suspect's wait, the number and type of drinks consumed, the amount of time the suspect was actually drinking and the time since the last drink can all figure in as chemical evidence.  Other subjective factors like the person's physical and emotional condition can be brought up.  The defense attorney may also look at issues with blood draws, urinalysis (an inaccurate DUI measurement) and the training and experience of the officer or tech that did the breathalyzer or blood draw.    

Breathalyzers.  A number of medical conditions (such as diabetes) can mimic intoxication; that's why sobriety tests were developed in the first place.  There are many ways in which a breathalyzer test can be mishandled badly enough to give questionable results.  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.  There are plenty of cases on record where a DUI prosecution was handled improperly or defendants were railroaded into convictions.  Any defense attorney who knows what he's doing will hunt down 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.  Your best defense against DUI in California or any other state?  Don't risk it in the first place; drive sober.

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