Los Angeles Drunk Driving

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Drunk Driving Los Angeles

There are a lot of confusing issues that come up shortly after being arrested for a DUI. What are the consequences of Drunk Driving in Los Angeles County, what will happen to your drivers license, and how do you get out of jail? This section will provide answers to some of your questions and explain the steps to take to get your life back on track.

Welcome to our Los Angeles DUI and Drunk Driving Information page, your source of legal information about driving under the influence laws, DUI penalties, DMV driver's license suspensions, DUI/DWI lawyers, criminal courts, blood-alcohol evidence, car insurance after a DUI, and police investigative procedures in LA - Los Angeles County, California.

Police Agencies, Procedures, and your Legal Rights:
Persons prosecuted in Los Angeles were likely arrested by one of the following agencies:

		Los Angeles Police Department
		Los Angeles Police Department Los Angeles County Sheriff 4312 E. Slauson Ave. Maywood, CA 90270 phone: (213) 562-5005 Arcadia Police 250 W. Huntington Dr. Arcadia, CA 91007 phone: (626)574-5150 Alhambra Police 211 South First St Alhambra, CA phone: (626) 570-5168 Azuza Police 725 N. Alameda Ave. Azuza, CA 91702 phone: (626) 812-3200 Baldwin Park Police 14403 E. Pacific Ave. Baldwin Park, CA 91706 phone: (626) 960-4011 Bell Gardens Police 7100 S. Garfield Ave. Bell Gardens, CA 90201 phone: (562) 806-7600 Beverly Hills Police 464 N. Rexford Dr. Beverly Hills, CA 90120 phone: (310) 550-4951 Burbank Police 272 E. Olive Ave. Burbank, CA 91510 phone: (818) 238-3333 Claremont Police 570 W. Bonita Ave Claremont, CA 91711 phone: (909) 399-5411 Compton Police 301 S. Willowbrook Ave. Compton, CA 90220 phone: (310) 605-5600 Covina Police 444 N. Citrus Ave Covina, CA 921723 phone: (626) 858-4415 Downey Police 10911 Brookshire Ave. Downey, CA 90241 phone: (562) 861-0771 El Monte Police 11333 Valley Blvd. El Monte, CA 91731 phone: (626) 580-2110 Glendale Police 140 North Isabel Glendale, CA 91206 phone: (818) 548-4840 Glendora Police 150 S. Glendora Ave. Glendora, CA 91741 phone: (626) 914-8250 Huntington Park Police 6542 Miles Ave. Huntington Park, CA 90255 phone: (213) 584-6254 Los Angeles Unified School District 450 North Grand Ave. Los Angeles, CA 90012 phone: (310) 625-6631 Manhatten Beach Police 420 15th St Manhatten Beach,CA 90266 phone: (310) 545-5621 Maywood Police 4312 E. Slauson Ave. Maywood, CA 90270 phone: (213) 562-5005 California Highway Patrol Monrovia Police 140 E Lime Ave Monrovia, CA 91016 phone: (616) 256-8000 fax: (616) 256-8025 Montebello Police 1600 West Beverly Blvd. Montebello, CA 90640 phone: (213) 887-1288 Monterey Park Police 320 West Newmark Ave. Monterey Park, CA 91754 phone: (626) 573-1311 Pasadena Police 207 North Garfield Ave. Pasadena, CA 91101 phone: (626) 744-4501 Sierra Madre Police 242 West Sierra Madre Blvd. Sierra Madre, CA 91024 phone: (626) 355-1414 Signal Hill Police 1800 East Hill Street Signal Hill, CA 90806 phone: (562) 989-7200 South Gate Police 8620 California Ave. South Gate, CA 90280 phone: (213) 563-5400 South Pasadena Police 1422 Mission Street South Pasadena, CA 91030 phone: (626) 799-1121 Vernon Police 4305 S. Santa Fe Ave. Vernon, CA 90058 phone: (213) 587-5171 West Covina Police 1444 W. Garvey West Covina, CA 91790 phone: (626) 814-8500 Whittier Police 7315 S. Painter Ave. Whittier, CA 90602 phone: (562) 945-8250 Pasadena Community College Police 1570 East Colorado Boulevard Pasadena, CA 91106 phone: (626) 585-7484 Pasadena Unified School District Police 351 South Hudson Ave. Pasadena, CA 91109 phone: (626) 795-5228 University of Southern California Police 3667 S. McClintock Ave. Los Angeles, CA 90089 phone: (213) 740-6000 CSU Dominguez Hills University Police 800 N. State College Blvd. Dominguez Hills, CA 92834 phone: (310) 243-3639 CSU Northridge University Police 9757 Zelah Ave., Bldg. 14 Northridge, CA 91328-0759 phone: (818) 677-2111 CSU Los Angeles University Police 800 N State College Blvd. Los Angeles, CA 92834 phone: (213) 343-3700 CSU Polytechnic (Pomona) University Police 3810 West Temple Ave. Pomona, CA 91766 phone: (909) 869-3065

Police Procedures:
The law requires that an officer have probable cause before you are arrested. Typically, the training for officers as well as caselaw, requires police to establish probable cause by a violation of the law, an accident, and observations of the physical manifestation of intoxication. This is subjective, and many agencies require that Standardized Field Sobriety Tests be given, correctly, and perhaps a field breathalyzer, or PAS machine, to establish alcohol in your blood. Your Miranda warnings, or the "reading of your rights", also require that you be advised or warned before they take testimony from you after arrest.

Your rights:
You have the right to refuse the FST's, and you have the right not to state anything that may incriminate you. You even have the right to refuse a blood, breath, or urine test, but if you do so, your license will be suspended for one year. You always have the right to be treated fairly by the police, and for the police to not use unreasonable force against you during arrest.

How can I estimate my Blood-Alcohol Level?
Use our Blood Alcohol Level (BAC) Calculator.

DUI Charges (The Law):
The California Vehicle Code, specifically, VC section 23152(a) and 23152(b),
sets the law on DUI cases, and states as follows:

VC 23152:
(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

The two sections above are typically charged together. The first has to do with your ability to safely operate a motor vehicle, irregardless of your blood alcohol level. The second, or (b) count, requires that you have a .08% blood alcohol content, or BAC, by weight, California's "legal limit". The term "alcoholic beverage and drug" or "alcoholic beverage or drug" in the (a), or first count, does not mean that you were driving with drugs in your system, but that either alcohol or drugs, or both, were found at the time of driving, not that you in fact did have both in your system.

Your Driver's License and the DMV:
THE DMV REQUIRES THAT YOU ACT WITHIN ONLY TEN DAYS (not business days) from the date of your arrest to protect your driving privileges. It is best, if you are going to retain an attorney, to allow the attorney's office to schedule the DMV hearing for you. Our fee includes this service, and we can schedule a hearing that works with our availability (court and DMV) schedule. For your convenience, if you cannot retain an attorney within 10 days, the phone numbers for all Los Angeles DMV matters, to do so, is reproduced here:

City of Commerce:
5801 E. Slauson Avenue, Suite 250, 90040-3050
phone: (323) 724-4000
fax: (323) 724-9262

El Segundo:
390 N. Sepulveda Blvd, Suite 2075, 90245-4470
phone: (310) 615-3500
fax: (310) 615-3581

When you call, advise them that you are retaining an attorney, that you request a stay on your driver's license suspension, and that you will be sending a written request for discovery. They will ask if you request an "in person" or "telephonic" hearing, and we recommend that you set it for an in person, for reasons I am happy to discuss during our consultation. By making this request you ensure that that your driving privilege will not be suspended until your case is heard. At the DMV hearing, a hearing officer will conduct the hearing. His or her function is to prosecute the case and make a final decision based on the evidence presented. Your need to drive or your need for a driver's license for work are not considered relevant and cannot be considered at the hearing. Likewise, you cannot apply for a "hardship" license based upon medical, employment, or education right to drive, unless you are under age 21.

At your hearing, only the following issues will be discussed, by law:
(If you took a blood, breath or urine test)

1. Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?
2. Were you placed under lawful arrest?
3. Were you driving a motor vehicle when you had a 0.08% or more by weight of alcohol in your blood or 0.05% or more if under age 21?

The minimum penalties for DUI charged as a misdemeanor, and not a felony, includes all of the following:

• Informal, or summary, probation for three to five years
• Six months in the county jail
• Six months license suspension
• A fine of $1,000 plus penalty assessment, or a total of $2,710, (the minimum is $390 plus penalty assessment); (The "penalty assessment" is a state tax created by statute in the late 1960s, and is now larger than the fine. Currently, the penalty assessment is 171% of the fine, meaning that on a $100 fine, the total payment is $271 almost triple the original fine. Current legislation pending will increase the penalty assessment).
• Contribution of $100 to the California State Restitution Fund
• Proof of enrollment in, and proof of completion at, a Level 1, or AB-541 Alcohol Education Program
• An "Alcohol Abuse Prevention" fee of $50.00
• A "Blood Alcohol Content" testing fee of $37.00
• A Court security fee of $20.00.

The maximum includes all of the above, plus six months in jail, and a fine of $1,000 plus penalty assessment, or $2,700 total.

What may happen to my insurance?
There are two ways insurance companies generally deal with customers convicted of a DUI in Los Angeles County. First, your insurer will likely raise your insurance premiums and label you a high-risk driver if it finds out you've been convicted of DUI. In this case, you'll likely have to file proof of insurance for three years minimum with the California Department of Motor Vehicles (DMV). Your insurance company will have to provide the DMV with an SR-22 form, which removes your license suspension and replaces it with a restriction by providing the California DMV with proof of insurance. An SR-22 also means your insurance company is required to notify the DMV if it cancels your insurance for any reason. Most state laws require persons that DUI convicts to get an SR-22 from their insurers, so you can't hide. In addition, your company may cancel your insurance mid-term or terminate the policy at the end of the term because of your DUI conviction, especially if you are currently in a preferred class. Your company will send you a notice stating why you've been canceled, and then you'll have to find another insurer while having a cancellation on your claims history.

Some insurance companies don't offer SR-22 policies, so you may also be non-renewed or canceled because your company can no longer provide what you need.

Information on Orange County Drunk Driving.
Information on San Diego Drunk Driving.

Los Angeles Drunk Driving > Drunk Driving Los Angeles