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 …
Archive for the DUI Defense Category
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 …
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 …
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.
