DUI Attorney in California: The Law and the Roll

A DUI attorney in California is a licensed lawyer who defends charges brought under Vehicle Code sections 23152 and 23153, the statutes that make driving under the influence a crime. The work spans two tracks: the criminal case in court and the administrative license case at the DMV. This page explains what the law says and shows where the public record identifies who is licensed to do the work.

What does California DUI law actually say?

California's core DUI statute is Vehicle Code section 23152, which prohibits driving under the influence of alcohol or drugs and, separately, driving with a blood alcohol concentration (BAC) of 0.08 percent or more. Those are two different theories of the same offense, and a case can proceed on one or both. When a driver is alleged to have caused injury to another person, the charge shifts to Vehicle Code section 23153, which carries more serious exposure.

Penalties and enhancements are set out across the Vehicle Code, including provisions addressing prior offenses within a lookback period, elevated BAC levels, and refusal to submit to chemical testing. Commercial drivers and drivers under 21 face lower BAC thresholds under separate sections. Because the specifics turn on the charged section and the individual record, the exact consequences vary case by case. This page describes the framework, not any particular outcome.

What does a DUI attorney do, step by step?

A defense lawyer's role tracks the stages of the case. Broadly, the sequence looks like this:

• Arraignment. The first court appearance, where charges are read and a plea is entered.
• Discovery and review. Obtaining police reports, chemical test records, calibration and maintenance logs for breath devices, and body-camera footage where it exists.
• Pretrial motions. Challenging the stop, the arrest, or the admissibility of test results under the applicable rules of evidence and procedure.
• DMV hearing. A separate administrative proceeding addressing the driver's license, with its own short deadline to request it.
• Negotiation or trial. Resolving the case by plea, dismissal, or a jury trial where the prosecution must prove the charge beyond a reasonable doubt.

The criminal case and the DMV case run on parallel but independent tracks. The court decides guilt and criminal penalties; the DMV decides driving privileges. Different rules and timelines apply to each. For a broader walkthrough of how a DUI moves through the system, see California DUI Charges: What Happens and What to Do.

As of September 2026, a California DUI attorney is any lawyer holding an active license from the State Bar of California who defends charges under Vehicle Code sections 23152 (driving under the influence) and 23153 (DUI causing injury). The role covers both the criminal court case and the separate DMV administrative license proceeding, each with distinct deadlines and decision-makers. Business and Professions Code section 6125 requires an active California license to practice law in the state, and the public roll records license status, admission date, and any public discipline. This description states what the law and the public record establish in general terms. It does not predict any outcome, quote any fee, apply to any individual case, or substitute for advice from a licensed attorney about specific facts. Penalties, enhancements, and timelines vary by the charged section and the individual record.

How do I check whether a DUI lawyer is licensed in California?

Anyone practicing law in California must hold an active license, a requirement set by Business and Professions Code section 6125. The State Bar of California maintains the official public roll of every licensed attorney, and that record shows license status, the date of admission, and any public discipline on file.

The California Attorney Registry is an independent index of that same public roll. It is not affiliated with the State Bar and does not rate, rank, score, or refer attorneys. What it offers is a plain view of the public record: is the license active, when was the person admitted, and is there public discipline. For a walkthrough of how to read those fields, see California Attorney Record Check: 2026 Guide, and to confirm a specific license, see How to Verify a California Attorney's License. You can also browse licensed attorneys who handle these matters under DUI defense.

The public record can confirm licensing and discipline. It does not tell you how a lawyer will approach a specific set of facts, and it issues no opinion on quality. Those are separate questions the record is not designed to answer.

What does the record not tell you?

A few boundaries are worth stating plainly. The roll shows whether a license is active and whether public discipline exists, but it does not report private outcomes, trial results, or client experiences. It does not indicate fees; those vary widely and are set between a client and a lawyer. For general context on how legal costs are structured, see California Lawyer Costs: Fees and Retainers Explained.

Deadlines matter in DUI matters, particularly the short window to request a DMV hearing after an arrest and the statutory limits on filing. For a general overview of filing timelines, see California Statute of Limitations: Filing Deadlines. Because the exact deadline depends on the charge and the notice received, a licensed attorney should confirm the dates that apply to a given situation.

Everything here is general legal information about what the statutes say and what the public record shows. It is not legal advice, and it does not apply the law to any individual case.

Where to look next

If you want to confirm that a lawyer handling DUI matters holds an active California license, or you are an attorney checking how your own record appears, the California Attorney Registry indexes the public roll maintained by the State Bar of California. Look up a name, read the record, and see exactly where each fact comes from.