“Ginny Walia Law Offices challenged every step of the stop and kept my license after a first-time arrest. I felt supported from day one.”
J.R.
Pleasanton Engineer
Arrested for DUI? You’re facing criminal court, DMV deadlines, and potential license loss. Ginny Walia Law Offices defends drivers across Alameda, Contra Costa, and Santa Clara Counties—protecting your record, your freedom, and your future.
We’ll review your stop, tests, and DMV deadlines - and map the best next steps.
Local knowledge matters. From first-offense arrests to contested DMV hearings, we regularly appear in Dublin, Fremont, Oakland, San Jose, Stockton, Martinez, Walnut Creek, and beyond-so we know which arguments and diversion programs work here.
Familiar with prosecutors, judges, and DMV practices across the East Bay for first-time DUI cases and complex matters.
We take immediate action to request DMV hearings and pursue restricted licenses so you can stay on the road.
We scrutinise stops, field sobriety tests, and chemical testing protocols in alcohol and drug-related DUI cases.
Direct access to your attorney with step-by-step guidance and regular updates-starting with a free case evaluation.
We gather police reports and request your DMV hearing before deadlines lapse.
We analyse the stop, FSTs, and chemical testing for legal and scientific issues.
We negotiate, seek diversion or reduced charges, and prepare for trial if needed.
We advise on insurance, licensing, immigration, and expungement opportunities.
Under California law, California Vehicle Code Section 23152(a) VC makes it illegal to drive a vehicle while under the influence of alcohol (or drugs) - that means impairment of physical or mental faculties, not tied to any specific BAC.
A companion law, California Vehicle Code Section 23152(b) VC, prohibits driving a vehicle with a BAC of 0.08% or higher by weight.
For drivers of commercial vehicles (or drivers for hire), the law under § 23152(d) VC sets a lower BAC threshold of 0.04%. Our commercial driver DUI defense outlines how to protect your CDL.
Drivers under the age of 21 are subject to a “zero-tolerance” law - under § 23136 VC (and similar statutes) a BAC of 0.01% or higher on a preliminary test may result in license action. Review our under-21 DUI guide if your teen was cited.
Additionally, even if a vehicle is not moving, you may still face a DUI charge if you are found to be in “actual physical control” of the vehicle while impaired (for example, sitting in the driver’s seat with keys in the ignition). The statute uses the term “drive,” and courts interpret this broadly-details we unpack in our California DUI penalties overview.
Penalties escalate quickly with each prior DUI and depend on whether injuries occurred, chemical tests were refused, or passengers were under 18. We map out likely exposure in both court and DMV proceedings so you can make informed decisions about pleas, diversion, or trial. Get the specifics for your situation in our California DUI penalty guide.
Use this reference as a starting point, then work with our attorneys to evaluate mitigation strategies that reduce custody time, limit financial impact, and keep your professional goals intact. We also walk clients through ignition interlock requirements and license reinstatement steps.
| DUI Offense | Jail / Prison | Fines* | Probation | License Suspension | Ignition Interlock | DUI Program |
|---|---|---|---|---|---|---|
| First DUI | Up to 6 months | $390 - $1,000 | 3 - 5 years | 4 months - 1 year | 6 months | 3 or 9 months |
| Second DUI | 96 hours - 1 year | $390 - $1,000 | 3 - 5 years | Up to 2 years | 1 year | 18 or 30 months |
| Third DUI | Up to 1 year (or 16 months state prison) | $390 - $1,000 | 3 - 5 years | Up to 3 years | 2 years | 30 months |
| Fourth or Subsequent | 16 months - 3 years (state prison) | $390 - $1,000 | 3 - 5 years | Up to 4 years | 3 years | 30 months |
*Penalty assessments often increase the out-of-pocket cost several times beyond the statutory fine.

Certain circumstances can increase the amount of time that a person is sentenced to jail or prison. These are considered aggravating factors and include the following:
Ginny Walia Law Offices represents clients across the East Bay and surrounding communities. If you were charged in the East Bay Area, you need an attorney who knows the local prosecutors, judges, administrative hearing officers, and court practices. That local familiarity gives you an edge—learn how during a free DUI case evaluation.
DUI Defense • Pleasanton • Alameda County
For most drivers the legal limit is 0.08%. Commercial drivers face a 0.04% limit, while drivers under 21 must stay below 0.01% under California’s Zero Tolerance law. Even below those thresholds you can be charged with DUI if an officer believes alcohol or drugs impaired your ability to drive safely—see our high BAC DUI guide and under-21 DUI resource for specifics.
You are fighting two cases: a criminal prosecution in court and a DMV administrative case that threatens your driver’s license. You have only 10 days to request a DMV hearing or the suspension becomes automatic. A DUI attorney can request the hearing, represent you, and challenge the suspension while preparing your court defense.
Yes. California law allows prosecutors to charge people who are in actual physical control of a vehicle while impaired. Sitting in the driver’s seat with the engine running—even while parked—can support a DUI charge depending on the facts. A defense lawyer can examine the circumstances and push back, often by challenging the evidence outlined in our California DUI penalties overview.
Not automatically, but the DMV can suspend your license 30 days after arrest unless you request a hearing within 10 days. Winning the DMV hearing protects your driving privilege. If you lose, you may qualify for a restricted license by installing an ignition interlock device (IID).
Refusing a chemical test triggers automatic DMV penalties, including a 1-year license suspension for a first offense, and refusal evidence can increase criminal penalties. However, officers must follow strict advisement rules; mistakes can be challenged—start with the refusal checklist in our DMV hearing resource.
Yes. Depending on the evidence a DUI might be reduced to a lesser offense like a wet reckless or even dismissed if the defense shows issues with the stop, testing, or probable cause. Learn how we negotiate charge reductions on our reckless driving and wet reckless page.
A “wet reckless” (Vehicle Code §23103/23103.5) is a reduced charge that carries lighter penalties—typically no license suspension, lower fines, and shorter probation—yet it still counts as a prior DUI if you are charged again within 10 years. See how this plea compares to a DUI conviction on our wet reckless overview.
A DUI stays on your criminal record indefinitely and on your DMV record for 10 years for priorability. After completing probation you may qualify for an expungement (Penal Code §1203.4), which helps with employment and background checks—especially if you avoid new priors as explained in our multiple-offense DUI guide.
Yes. California Vehicle Code §23152(f) prohibits driving under the influence of drugs, including prescription medication and marijuana, if they impair driving ability. These DUID cases carry the same serious consequences as alcohol DUIs—review our drug-related DUI defense strategies for details.
DUI cases move quickly and involve technical rules. A local Bay Area DUI lawyer understands the prosecutors, judges, and diversion options in counties such as Contra Costa and Alameda, and can pursue the best possible outcome while protecting deadlines. Start a free DUI case evaluation to get tailored advice.
Fees vary based on the complexity of your case—blood tests, accidents, priors, or refusal allegations can increase the workload. Most experienced DUI lawyers offer flat-fee representation and free consultations, so you know the cost before retaining counsel. We explain what to expect during our complimentary evaluation.
Many misdemeanor DUIs are eligible for expungement after probation if all conditions were satisfied. Expungement clears the conviction from your criminal record, although the DMV will still keep it on file for 10 years for priorability. We cover the next steps once probation ends on our first-offense DUI resource.