Long Beach DUI Defense Attorney
Being arrested for driving under the influence (DUI) in California can be one of the most stressful and intimidating experiences of your life. The consequences can extend far beyond fines and jail time — a DUI conviction can affect your driver’s license, career, and personal reputation. At Gold & Witham, our experienced Long Beach DUI defense lawyers are dedicated to protecting your rights, challenging the prosecution’s evidence, and pursuing the best possible outcome for your case.
We understand how local law enforcement and courts handle DUI cases in Long Beach and throughout Los Angeles County. Whether you’re facing your first offense or a repeat DUI charge, our firm is prepared to fight for your freedom and your future.
Contact us today to schedule a confidential consultation and start building your defense.
California DUI Laws
Under California Vehicle Code §23152, it is unlawful to drive under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, it’s 0.01% under California’s zero-tolerance law.
A DUI charge can stem from various circumstances — from routine traffic stops to sobriety checkpoints — but the prosecution must still prove beyond a reasonable doubt that you were driving and that you were impaired at the time.
In California, DUI offenses fall into two general categories:
- Misdemeanor DUI: Most first, second, and third DUIs within a 10-year period are charged as misdemeanors.
- Felony DUI: A fourth DUI within 10 years, a DUI causing injury or death, or a DUI with prior felony convictions can be charged as a felony.
In addition to criminal penalties, the California Department of Motor Vehicles (DMV) imposes administrative penalties such as license suspension or revocation. You have 10 days from the date of your arrest to request a DMV hearing to challenge the suspension.
Common Types of DUI Charges & Penalties
Not all DUI cases are the same. The penalties depend on several factors — your BAC, prior convictions, and whether anyone was injured. Below are common types of DUI charges handled by our Long Beach DUI defense team.
First-Offense DUI
A first-time DUI is typically a misdemeanor but carries significant penalties, including:
- Up to 6 months in county jail
- $390 to $1,000 in fines (plus court assessments)
- License suspension for 6 months
- 3 to 9 months of DUI school
- Possible probation lasting 3 to 5 years
Second-Offense DUI
A second DUI within 10 years can result in:
- Up to 1 year in jail
- $390 to $1,000 in fines
- 2-year license suspension
- 18 to 30 months of DUI education
- Installation of an ignition interlock device (IID)
Third-Offense DUI
A third DUI conviction carries enhanced penalties, including:
- 120 days to 1 year in jail
- $390 to $1,000 in fines
- 3-year license revocation
- 30-month DUI education program
Felony DUI
Felony DUIs are extremely serious and may result from causing injury or death or having prior felony DUI convictions. Penalties include:
- Up to 3 years in state prison (more if injury or death occurred)
- $1,000+ fines
- 4-year license revocation
- Possible designation as a “habitual traffic offender”
DUI Causing Injury (VC §23153)
If a DUI results in bodily injury to another person, the offense may be charged as a “wobbler,” meaning it can be prosecuted as a misdemeanor or felony depending on the severity.
Underage DUI (Zero Tolerance)
Drivers under 21 face administrative and criminal penalties even for minimal alcohol levels (0.01% BAC or higher), including license suspension and mandatory alcohol education.
Legal Defenses Against DUI Charges
Even if you failed a breath or blood test, that doesn’t mean your case is hopeless. At Gold & Witham, our Long Beach DUI defense lawyers know how to challenge every aspect of the state’s case against you.
Some common DUI defenses include:
- Improper Traffic Stop: If law enforcement stopped you without reasonable suspicion, the stop may be unconstitutional, and all evidence gathered could be suppressed.
- Faulty Field Sobriety Tests: These tests are highly subjective and often administered improperly.
- Breathalyzer or Blood Test Errors: Testing devices must be properly maintained and calibrated. Human error or contamination can lead to false BAC readings.
- Rising BAC Defense: Alcohol levels can rise between the time you were driving and when your test was administered, potentially making your BAC appear higher than it was while driving.
- Medical Conditions or Diet: Certain medical conditions (like diabetes or GERD) or low-carb diets can produce false positives on breath tests.
- Violation of Your Rights: If police failed to read your Miranda rights or mishandled your arrest, evidence may be excluded.
A skilled attorney can review the details of your arrest, challenge the evidence, and negotiate for reduced charges or even dismissal.
DUI FAQs
Will I lose my license after a DUI arrest in Long Beach?
Not automatically. You have 10 days to request a DMV hearing to challenge the suspension. If you don’t request one, your license will likely be suspended after 30 days.
Can I refuse a breathalyzer test?
You can refuse, but under California’s implied consent law, refusal after a lawful arrest can result in an automatic license suspension and additional penalties.
Can a DUI be expunged in California?
Yes, in many cases. If you successfully complete probation and meet all conditions, you may be eligible for expungement, allowing you to clear the conviction from your public record.
What happens if I’m charged with DUI and I hold a commercial driver’s license (CDL)?
Commercial drivers face stricter standards and harsher penalties, including a one-year disqualification for a first offense—even if you were driving your personal vehicle.
How long will a DUI stay on my record?
A DUI conviction stays on your criminal record permanently and counts as a prior offense for 10 years for sentencing purposes.
Contact a Long Beach DUI Defense Lawyer Today
A DUI charge doesn’t have to define your future. With the right legal team on your side, you can protect your license, your freedom, and your reputation.
At Gold & Witham, our experienced Long Beach DUI defense attorneys provide aggressive, personalized representation tailored to your situation. We investigate every detail, challenge unreliable evidence, and fight for the best possible outcome in your case.
When you need reliable answers and steady guidance, call (800) 716-6791 and set up your appointment today.
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