Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
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Most jurisdictions say that DUI, DWI or DWAI are criminal offenses. In particular, DUI is usually charged as a misdemeanor offense that can lead to up to six months or a year of jail time.
By contrast, traffic violations are infractions in most states. While a traffic infraction is a violation of the law, it is typically not considered a crime. Infractions are often punishable by a traffic ticket and a fine.
Examples of infractions are common moving violations or traffic offenses such as:
That said, DUI can also be considered somewhat of a hybrid between a crime and a traffic violation. This is because
Most states say that DUI/DWI is a criminal offense. A DUI offense is most often charged as a misdemeanor.1
Misdemeanors are generally crimes punishable by no more than one year in county jail.2 They are less severe crimes than felonies, which are offenses that are punishable by more than one year in custody.
Note that the specific penalties for a DUI conviction will largely depend on:
With that said, however, a first offense of drunk driving or driving with a blood alcohol content (BAC) of 0.08% or greater will often result in:
A DUI arrest for a second DUI will result in harsher penalties.
Many states say that a prosecutor can charge a DUI case as a felony DUI in three instances. These are when:
Because DUI is a crime, a DUI conviction will result in you having a criminal record.
A “criminal record” is essentially a record of your criminal history. It is sometimes referred to as “RAP sheet.”
A RAP sheet will show all the criminal offenses you have been convicted of. Some jurisdictions also say that traffic violations can go on your criminal record.
Criminal records are generally discoverable by employers when they perform a background check.
Background checks will typically disclose such things as:
Most jurisdictions say that a DUI conviction will remain on your criminal record for the rest of your life.
Yes. An expungement is when the court orders the state to destroy your criminal record.4
Some states offer record seals instead of expungements.
A record seal means that your criminal history gets hidden from most entities instead of destroyed.
If your criminal record is expunged or sealed, the result is that you do not have to mention it on a job application or in a job interview.
Yes. You should obtain legal advice from a defense lawyer or DUI lawyer if you were charged with a DUI offense.
A criminal attorney or law firm can help in several important ways if you are facing criminal charges of DUI. For example, a DUI attorney can:
Note that a few common legal defenses to DUI charges include a lawyer showing that:
Note too that a criminal defense lawyer can help you get an expungement or record seal if you were found guilty of DUI.
In our experiences in helping DUI clients, you will more effectively navigate the court process and achieve better case results when represented by a DUI attorney.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.