El Segundo DUI Attorney
Protect Your Rights & Reclaim Your Future
At Gold & Witham, we understand the stress and uncertainty you face after a DUI arrest in El Segundo. With over 40 years of combined experience, our legal team is equipped to provide personalized DUI defense strategies tailored to your unique situation. Early intervention and immediate action are key to safeguarding your rights and your future.
Our firm handles the following DUI cases in El Segundo:
Contact our El Segundo DUI lawyer by calling (800) 716-6791 today!
California DUI Laws
Under California Vehicle Code §23152, it is unlawful to operate a motor vehicle while under the influence of alcohol or drugs. The law defines “under the influence” as having your physical or mental abilities impaired to the extent that you cannot operate a vehicle with the same caution as a sober person.
You can be charged with DUI if:
- Your blood alcohol concentration (BAC) is 0.08% or higher for most drivers.
- Your BAC is 0.04% or higher if you hold a commercial driver’s license (CDL).
- You are under 21 years old and have a BAC of 0.01% or higher (“Zero Tolerance” law).
- You are under the influence of drugs (DUID), including prescription or over-the-counter medication that impairs your ability to drive safely.
DUI cases in California have two parts:
- The criminal case, where you face prosecution and potential penalties.
- The DMV administrative hearing, which determines whether your driver’s license will be suspended.
It’s vital to act quickly—you have only 10 days from your arrest to request a DMV hearing to challenge the automatic suspension of your license. An experienced DUI defense lawyer can handle both the criminal and administrative aspects of your case to give you the strongest defense possible.
Common Types of DUI Charges & Penalties
DUI charges vary depending on the circumstances of your arrest, your prior record, and any aggravating factors involved. Below are some of the most common DUI offenses and penalties in California:
First DUI
A first-time DUI is typically a misdemeanor but carries serious penalties:
- Up to 6 months in county jail
- $390–$1,000 in fines (plus penalty assessments)
- License suspension for up to 6 months
- DUI school (3 to 9 months)
- Probation for up to 3 years
Second DUI
A second conviction within 10 years results in enhanced penalties:
- 96 hours to 1 year in jail
- $390–$1,000 in fines
- 2-year license suspension
- 18–30 months of DUI school
Third or Subsequent DUI
A third or more DUI within 10 years can lead to:
- 120 days to 1 year in jail
- $390–$1,000 in fines
- 3-year license revocation
- Mandatory DUI education program
Felony DUI
Certain DUI cases are charged as felonies, including those involving:
- Serious injury or death
- Four or more prior DUI convictions within 10 years
Felony DUI convictions can lead to state prison time, hefty fines, and long-term license revocation.
Underage DUI
California’s “Zero Tolerance” law prohibits anyone under 21 from driving with a BAC of 0.01% or more. Even a small amount of alcohol can result in:
- License suspension for 1 year
- Fines and penalties
- Mandatory alcohol education programs
DUI with Injury (VC §23153)
If your DUI allegedly caused bodily harm to another person, the offense may be charged as a wobbler—a misdemeanor or felony depending on the severity. Penalties include:
- Up to 4 years in prison (or more if multiple victims are injured)
- Restitution to victims
- License suspension or revocation
Legal Defenses Against DUI Charges
Our El Segundo DUI defense lawyer from Gold & Witham will thoroughly examine your case and develop a personalized defense strategy. Common DUI defenses may include:
- Improper Traffic Stop: If the officer lacked reasonable suspicion to stop you, any evidence obtained after the stop could be suppressed.
- Faulty Breathalyzer or Blood Test: Breath and blood tests must be properly calibrated and administered. Errors or contamination can lead to false BAC readings.
- Unreliable Field Sobriety Tests: Field sobriety tests (FSTs) are subjective and affected by fatigue, nerves, medical conditions, or poor lighting—factors that have nothing to do with alcohol impairment.
- Rising BAC Defense: Your BAC may rise between the time you were driving and when you were tested. You could have been under the legal limit while actually driving.
- Violation of Miranda Rights: If law enforcement failed to read your rights or unlawfully obtained statements, that evidence may be excluded.
- Medical or Dietary Explanations: Certain medical conditions or diets (like ketosis) can mimic signs of intoxication or trigger false positives on breath tests.
By investigating every detail—from the initial stop to chemical testing procedures—our attorneys can identify weaknesses in the prosecution’s case and fight for a dismissal, reduction, or acquittal.
DUI FAQs
How long will a DUI stay on my record in California?
A DUI conviction stays on your driving record for 10 years and can enhance future penalties for subsequent offenses.
Can I refuse a breath or blood test?
California’s implied consent law requires you to submit to a chemical test after a lawful arrest. Refusing can result in automatic license suspension and additional penalties.
Will I lose my license after a DUI arrest?
You can lose your license through both the DMV administrative process and a criminal conviction. However, you may qualify for a restricted license that allows you to drive to work or school.
Can I get a DUI for prescription medication?
Yes. Even legally prescribed medications can result in a DUI for drugs (DUID) if they impair your ability to drive safely.
Do I need a lawyer for my first DUI?
Absolutely. A DUI conviction carries long-term consequences. Having an experienced lawyer ensures that your rights are protected and that you explore every possible defense.
Why Choose Us for DUI Defense?
The success of a DUI defense often rests on the lawyer's capability to craft a strategic, individualized plan. At Gold & Witham, we pride ourselves on our ability to:
- Leverage Experience: With a combined experience of over 40 years, we know the intricacies of DUI law and how to navigate through it.
- Provide Personalized Strategies: Every client receives a tailored defense plan, reflecting the specifics of their case and personal circumstances.
- Act Proactively: Immediate action post-arrest can make a substantial difference in retaining your driving privileges and protecting your rights.
Secure your future—call us today at (800) 716-6791 to schedule your consultation and begin your defense journey with confidence.
Our Philosophy Is Simple
Legal assistance is most helpful when it is customized and tailored to every individual client.
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24/7 Emergency Support
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Emails and Phone Calls Answered Promptly
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Experienced Legal Advocates on Your Side
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Always Be Up to Date on the Status of Your Case
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Work Directly with Mr. Gold and Mr. Witham
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"Personal Service with Results"
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