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Beating a license suspension in CA DUI cases

1,134 views · Published 5 July 2011 · 1:43 · Indexed 21 September 2026

Channel: Shouse Law Group Channel · 2011 · Education

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A California DUI defense lawyer explains strategies for avoiding a drivers license suspension.
A skilled California DUI attorney knows how to evaluate any drunk driving case. Part of that evaluation involves advising you whether to take your case to jury trial or whether to accept a plea bargain.

If you go to trial and win, the case is dismissed. But if you lose, the judge has wide discretion as to how to sentence you. The judge sentences you based on your convicted charge--which, in a DUI case, is generally Vehicle Code 23152(a) driving under the influence and Vehicle Code 23152(b) driving with excessive BAC. Your California DUI sentencing may be better or worse than what you expected, depending on what evidence was revealed during trial.

A plea bargain is a negotiated settlement of your case that takes place between your California DUI attorney and the prosecutor. The benefit here is that you know what your sentence will be before you plead guilty. Depending on the facts of your DUI case, your attorney's goal might be to negotiate (1) a reduced sentence, (2) a reduced charge, or (3) both.

The most frequently reduced DUI charges are a "wet" reckless and a "dry" reckless under Vehicle Code 23103 VC. "Exhibition of Speed", "drunk in public", and traffic infractions are also sometimes negotiated. 

The more effective your California DUI lawyer is at identifying and developing defenses to your DUI case, the more leverage he/she has to plea bargain for lesser charges and lesser sentencing.

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