By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR In California, DUI can be filed as a felony if it involves injury to another person, is a fourth offense within 10 years, or follows a prior felony DUI—these thresholds drive charging decisions. The DMV process is separate from court. You generally have 10 days to …
Author Archive
What are DUI enhancements and how do they affect sentencing?
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR DUI enhancements add penalties for aggravating factors such as high BAC, speeding, or minors in the vehicle. They increase fines, jail time, and probation length. According to the National Highway Traffic Safety Administration (NHTSA), drivers with BAC levels of 0.15 g/dL or higher are at …
Understanding Californias DUI legal process from arrest to resolution
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR California’s DUI path runs on two tracks: criminal court and DMV. You have 10 days to request a DMV hearing—miss it and your license may be suspended automatically. Chemical and field sobriety tests can be challenged for errors, calibration, or medical factors; these defenses can …
The difference between “wet reckless” and “dry reckless” plea deals
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR A “wet reckless” (alcohol-related reckless) counts as a prior for future DUI sentencing—a “dry reckless” does not. When available, dry is typically the lower-risk outcome. California DMV research shows “alcohol reckless” (wet reckless) outcomes occur statewide, though rates vary by county; see DMV study …
How long does a DUI stay on your record in California?
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR A California DUI stays on your driving record for 10 years and counts as a prior for future sentencing enhancements (DMV Handbook). According to the DMV’s 2022 DUI Management Information System (MIS) report, there were 95,957 DUI arrests in 2020—a 22.7% decrease from 2019—with a …
How BAC level impacts sentencing in California DUI cases
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR California’s per–se law makes it illegal to drive with a BAC of 0.08% or higher for drivers 21+ — triggering DMV suspension and criminal exposure even without other signs of impairment (https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/alcohol-and-drugs/). At ≥ 0.15% BAC, courts may impose enhanced penalties (longer programs, added …
First-Time DUI in California: What to Expect and How to Prepare
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR A first-time DUI triggers two tracks: criminal court and a DMV action. You generally have 10 days to request a DMV hearing to contest suspension; act immediately. Penalties can include fines, probation, program requirements, and possible jail; outcomes vary by facts and county. Early counsel …
DUI with a Minor Passenger: The Hidden Aggravating Factor
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR Driving under the influence with a minor under 14 triggers California Vehicle Code §23572, adding mandatory jail time to standard DUI penalties. A first DUI with a child in the car adds a minimum of 48 hours in jail, even if probation is granted (California …
Chemical test refusal in California: Consequences and defense options
By Vincent Tucci | Managing Partner & DUI Defense Expert TL;DR Under California’s implied consent law (VC §23612), refusing a post–arrest breath or blood test triggers automatic DMV penalties, including a one–year suspension for a first refusal. See the DMV’s handbook: https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/alcohol-and-drugs/. Refusal can also enhance court sentencing under VC §23577 (added custody, longer programs, stricter probation). …
Can you get a DUI for prescription medication?
By Vincent Tucci | Managing Partner & DUI Defense ExpertYou took a medication exactly as prescribed and still found yourself facing DUI charges. In California, that can happen: if a drug — even a lawful prescription — impairs your ability to drive, prosecutors may charge a DUI under Vehicle Code § 23152(f). Here’s what that means, how …
Client Story: Beating Underage DUI Charges in California
A client under 21 was charged with DUI but avoided conviction thanks to Braden & Tucci’s defense strategy. Learn how underage DUI charges can be challenged in California.
Parenting and Custody Issues After a DUI in California
A DUI conviction can affect parenting and custody rights in California. Learn what factors courts consider and steps to protect your parental role after a DUI.
