Understand your rights in a DUI case

This guide provides essential information on California DUI laws, probable cause for DUI arrests, DMV hearings, penalties, legal defenses, and what to do if you are stopped for DUI.

A DUI charge in California can have serious consequences, including possible jail time, ankle monitor, work project, DUI school, ignition interlock device, fines, probation and license restriction and/or suspension. Understanding your rights and having a strong legal defense is crucial in navigating the complexities of DUI laws. Attorney Amber Bellante excels in aggressive DUI defense, ensuring that every clients receive fair treatment under the law. Whether it's your first offense, second or beyond, Attorney Amber Bellante can help.

DUI: What To Expect

California DUI Laws

In California, DUI is defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, you can still be charged with DUI even if your BAC is below this threshold if law enforcement deems you impaired. California’s DUI laws apply to all impaired drivers, including those under the influence of drugs.

Probable Cause & DUI Arrests

Law enforcement must have probable cause to pull a driver over and make an arrest. 


Common signs that officers look for include:

  • Speeding or driving too slowly
  • Weaving between lanes
  • Sudden braking or delayed responses at traffic lights
  • Failure to signal turns
  • Physical signs of impairment, such as bloodshot eyes, slurred speech, or the smell of alcohol


If an officer believes you are under the influence, they may conduct field sobriety tests (FSTs) or a preliminary breath test (PBT). While these roadside tests are voluntary for individuals over 21, refusing them may lead to further scrutiny. However, California’s implied consent law requires all drivers to submit to a chemical test (breath or blood) after a lawful DUI arrest.

DUI & DMV Hearings

If you are arrested for DUI, the officer will issue a 30-day temporary license. You must request a DMV hearing within 10 days to challenge the suspension. Failure to do so will result in an automatic license suspension. At The Law Offices of Amber Bellante, we guide clients through the DMV hearing process and fight for their right to retain driving privileges.

DUI Penalties in California

The consequences of a DUI conviction can vary based on prior offenses and aggravating factors such as accidents or injuries.


Potential penalties include:


  • First Offense: Fines up to $2,000, a license suspension of up to six months, DUI education programs, and possible jail time.
  • Second Offense: Increased fines, a two-year license suspension, and mandatory ignition interlock device installation.
  • Third or Subsequent Offenses: Heavier fines, felony charges in some cases, and longer jail sentences.


A DUI conviction can also impact employment, professional licenses, and insurance rates. Our firm works diligently to minimize the consequences and explore alternative sentencing options, such as plea deals or diversion programs.

What to do in if you're stopped for DUI?

Knowing your rights is crucial if you are pulled over under suspicion of DUI.


Here are key points to remember:


  • You are not required to answer incriminating questions. You have the right to remain silent and request an attorney.
  • You can refuse field sobriety tests. These tests are voluntary, and poor performance can be used against you.
  • You must comply with chemical testing. Under California’s implied consent law, refusing a post-arrest breath or blood test can lead to harsher penalties, including a one-year license suspension.


Request legal representation immediately. If arrested, contacting an experienced DUI attorney can make a significant difference in the outcome of your case.

Do You Need a DUI Lawyer?

DUI cases are complex, and handling them alone can result in severe penalties. Hiring a skilled attorney ensures that your rights are protected, and you have the strongest defense possible. At the Law Offices of Amber Bellante, we:


  • Handle court appearances on your behalf to minimize stress and inconvenience
  • Challenge improper arrests and testing procedures to identify flaws in the prosecution’s case
  • Negotiate with prosecutors to reduce charges and penalties
  • Advocate for alternative sentencing, such as DUI programs instead of jail time

Common DUI Defense

Every DUI case is unique, and a strong defense strategy can make a difference in the outcome.


Potential defenses include:


  • Lack of Probable Cause: Challenging the legality of the traffic stop
  • Improper Field Sobriety Testing: Questioning the reliability of FSTs and breath tests
  • Medical Conditions or Alternative Explanations: Certain conditions, like diabetes or acid reflux, can result in inaccurate breath test readings
  • Violation of Miranda Rights: Ensuring that law enforcement followed proper procedures during the arrest

Contact Us for Results

If you are facing DUI charges, don’t wait to seek legal representation. The Law Offices of Amber Bellante is dedicated to providing aggressive defense strategies to protect your rights, your license, and your future. Call us today for a free consultation and take the first step toward defending yourself against DUI charges.