Tustin DUI Lawyer

If you need a Tustin DUI lawyer, you are probably scared, embarrassed, and lying awake wondering whether one night will cost you your license, your job, and your good name. That fear is real, and the clock is already running. At Frances Prizzia Criminal Defense Lawyers, we have spent more than 21 years pulling Orange County drivers back from that exact moment, and we are ready to do the same for you.

A DUI arrest does not have to become a DUI conviction. From our Tustin office on Edinger Avenue, our team moves quickly to protect your license and record because the first few days matter more than most people realize.

When you call our Tustin DUI defense team, we go to work immediately. We protect your right to a DMV hearing, examine how the police stopped and tested you, and start building a defense designed to keep your record clean. Call (714) 735-4177 now for a free, confidential case evaluation.

Overview of DUI Charges in California

In California, a DUI arrest almost always involves two separate charges filed at the same time. Most drivers do not realize they are fighting on two fronts until it is too late, which is exactly why early help matters.

Under state law, a standard DUI breaks down like this:

  • Driving under the influence under Vehicle Code 23152(a), which applies when alcohol or drugs impair your ability to drive safely
  • Driving with a blood alcohol concentration of 0.08% or higher under Vehicle Code 23152(b), known as the "per se" limit
  • A lower limit of 0.01% for drivers under 21 and 0.04% for commercial drivers
  • Drug-related DUI, which can involve prescription medication, marijuana, or other substances

Most first-time DUI charges are misdemeanors. A DUI can be charged as a felony, however, when someone is injured, when you have a prior felony DUI, or when it is your fourth offense within 10 years.

What Are the Penalties for a DUI in Tustin, California?

The penalties for a DUI in Tustin depend on how many prior offenses you have, and they grow harsher with each one. Even a first conviction carries jail exposure, steep fines, and a license suspension that can disrupt your entire life.

Here is how the criminal penalties generally escalate:

  • A first-offense DUI is a misdemeanor punishable by up to 6 months in county jail, a fine of roughly $390 to $1,000, plus penalty assessments, 3 to 5 years of summary probation, and a 3- or 9-month DUI program.
  • A second offense within 10 years carries a sentence of 96 hours to one year in county jail, similar fines, and an 18- or 30-month DUI program.
  • A third offense within 10 years carries a sentence of 120 days to 1 year in county jail and a 30-month DUI program.
  • A felony DUI can carry a state prison sentence, especially when an accident causes injury.

Certain aggravating factors increase penalties, even on a first offense. These include a BAC of 0.15% or more, refusing a chemical test, causing an accident, having a child under 14 in the car, or being under 21 at the time of arrest. We also help eligible clients install an ignition interlock device so they can continue driving while their cases move forward.

What Are the Penalties for a DUI in Tustin, California?

The DMV Hearing and the 10-Day Rule

You have only 10 days from your DUI arrest to request a DMV hearing, and missing that deadline can cost you your license automatically. This is the single most time-sensitive part of any DUI case, and it is separate from your criminal court date.

Here is what every Tustin driver needs to know right away:

  • A DUI triggers a DMV Administrative Per Se action that is completely separate from the criminal case.
  • You must request your DMV hearing within 10 days of the arrest, or your license will be suspended after your 30-day temporary license expires.
  • Under California's implied consent law, refusing a chemical test after a lawful arrest adds a separate license suspension.
  • Winning the DMV hearing can save your driving privileges even while the court case continues.

The moment you hire us, we contact the DMV on your behalf so this deadline never slips by. Protecting your license is often the very first thing we fight for.

Other Consequences of a DUI Conviction in California

A DUI conviction follows you long after any fines are paid or jail time is served. The collateral damage reaches into your finances, your career, and your future in ways most people never expect.

A conviction can lead to:

  • A permanent criminal record that appears on employment and housing background checks
  • Sharply higher auto insurance premiums, or the loss of coverage altogether
  • Job loss, especially for drivers, nurses, and others who hold professional licenses
  • Immigration consequences for non-citizens, including problems with status or reentry
  • The suspension or denial of professional and occupational licenses
  • Mandatory DUI school, fees, and ongoing monitoring costs

Once the case ends, our team also helps eligible clients pursue expungement and other record-clearing options through the California courts. Clearing your record can reopen doors a conviction tried to close.

How Can I Defend Myself Against a DUI Charge?

You can fight a DUI charge in many ways, and a single weakness in the prosecution's case can change everything. Breath machines, field sobriety tests, and traffic stops are far less reliable than the police suggest, and we know where they break down.

Our Tustin DUI lawyers regularly build defenses around:

  • An unlawful traffic stop, where the officer lacked a valid reason to pull you over
  • Faulty breath or blood testing, including miscalibrated machines and a broken chain of custody
  • Rising blood alcohol, where your BAC was still climbing and was below the limit while you drove
  • Medical conditions such as diabetes, acid reflux, or a high-protein diet that mimic intoxication
  • Improper police procedure, including skipped observation periods and missed Miranda warnings

We dig into the arrest report, the dashcam and bodycam footage, and the maintenance logs for every testing device. When the evidence does not hold up, we push hard for a reduction or a dismissal.

Why Choose Frances Prizzia Criminal Defense Lawyers for DUI Defense in Tustin

Tustin drivers trust our firm because we pair aggressive courtroom defense with real compassion for people facing a frightening moment. Our law firm keeps our caseload focused, so you always work directly with attorneys who know your name and your case.

Clients across Tustin and Orange County choose us because of our:

  • More than 21 years of dedicated criminal defense experience
  • Recognition as "Top 100 Trial Lawyers" by the National Trial Lawyers
  • Clients' Choice recognition from Avvo
  • Holistic, compassionate approach paired with relentless, aggressive representation
  • Multilingual team that serves our diverse local community
  • Convenient Tustin office at 1432 Edinger Avenue, Suite 240
  • 24/7 availability for emergencies and free, confidential case evaluations

We regularly appear in the Orange County Superior Court system and at local DMV hearings, so we know how local prosecutors and hearing officers handle DUI cases. That insight helps us anticipate the other side and stay one step ahead.

Tustin DUI Defense FAQs

Will I lose my license after a DUI?

Not automatically. You have 10 days to request a DMV hearing, and winning it can protect your driving privileges even if the case continues.

Is a first DUI a felony in California?

Usually not. A first DUI is typically a misdemeanor, but it can become a felony if someone is injured in a related accident.

Do I really need a lawyer for a first-offense DUI?

Yes. A first DUI still brings jail exposure, fines, and a lasting record, so skilled representation can protect your license and future.

Can a DUI charge be reduced or dismissed?


Yes. Faulty testing, an unlawful stop, or weak evidence can lead to a reduction or dismissal, depending on the facts of your case.

What happens if I refuse the breath test?

Refusal triggers a separate license suspension under implied consent law, but we can still challenge the stop and arrest.

How long does a DUI case take in Tustin?

It varies. Some cases resolve in a few months, while others take longer depending on evidence, court scheduling, and the DMV process.

Schedule a Case Evaluation With a Tustin DUI Lawyer

Schedule a Case Evaluation With a Tustin DUI Lawyer

When your license and your freedom are on the line, the right Tustin DUI lawyer can change the outcome, and Frances Prizzia Criminal Defense Lawyers is ready to fight for you today. We have defended Tustin and Orange County drivers for more than two decades, and we bring that same urgency to every case the moment you call.

Remember that there is a 10-day deadline to request your DMV hearing and protect your driver's license. Call Frances Prizzia Criminal Defense Lawyers now at (714) 735-4177 for your free, confidential case evaluation with a trusted Tustin DUI lawyer.

Our Newport Beach
Location
5000 Birch Street, Suite 3000
Newport Beach, CA 92660

Phone: (714) 362-0157

Why Choose
Frances Prizzia Criminal Defense Lawyers

1

Client Centered Approach

Our clients are our priority, we listen & have your best interests in mind. Our philosophy is that crime is simply a symptom of a bigger issue that should be addressed.
2

Reputation by Excellence

"Top 100 Trial Lawyers" by the National Trial Lawyers and Clients' Choice by Avvo.
3

Experience

Over 21+ Years of Criminal Defense Experience on your side.
4

Innovative & Determined

We think outside the box and never leave a stone unturned.
5

You're Not Just Another Client

You're in a difficult situation that requires attention. Our boutique legal team walks you through the legal process so you don't feel lost.
6

AVAILABLE FOR YOU NOW

We are available 24/7 for emergencies & offer free confidential consultations.
fill out the form
Request Your Free
Confidential Consultation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Full Name*
Required Fields *
chevron-downarrow-leftarrow-right