DUI Defense

What is Considered DUI in California?

In California, Driving Under the Influence (DUI) typically refers to operating a vehicle while impaired by alcohol, drugs, or both.

Here are some key points that define a DUI in California:

Blood Alcohol Concentration (BAC): For adult drivers who are 21 years and older, a BAC of 0.08% or higher is considered per se (by itself) evidence of a DUI. For commercial drivers, the BAC limit is 0.04%. For drivers under the age of 21, a BAC of 0.01% or higher can lead to a DUI charge due to California's "zero-tolerance" laws for underage drinking and driving.

Impaired Driving: Even if a driver's BAC is below the legal limit, they can still be charged with a DUI if their driving ability is impaired due to the consumption of alcohol, drugs (including prescription and over-the-counter medication), or a combination of both.

Drug-Related DUI: In California, it's also illegal to drive under the influence of drugs (DUID). This includes not only illegal drugs but also legal prescription and over-the-counter medications if they impair your ability to drive safely.

Felony DUI: In some cases, a DUI can be charged as a felony in California. This typically happens if the driver has multiple prior DUI convictions, if the DUI incident resulted in injury or death, or if the driver has a previous felony DUI conviction.

Aggravated DUI: Certain factors can lead to enhanced penalties for a DUI in California. These include having a BAC of 0.15% or higher, speeding, having a minor under 14 in the car, refusing to take a chemical test, or having prior DUI convictions.

Always consult with a legal professional for advice specific to your situation.

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DUI Cases We Handle

Over 250 Trials Successfully Handled

Recent Case Results

97.4% Trial Success Rate for Our Clients
  • DMV v. Isiah S.

    Set aside license suspension on 1280 grounds.

  • Cristal C

    Client arrested for .13/.13 breath case. RESULT: : Dismissed DUI for wet reckless and kept driver’s license without suspension, restrictions or classes.

  • Cisneros, et al. v. DMV

    Confirms Vehicle Code 11524c doesn’t apply to DMV proceedings

  • Cisneros v. Department of Motor Vehicles

    The case involves fifty-one Petitioners who had their driver’s licenses wrongfully suspended by the California Department of Motor Vehicles (DMV) after being arrested for driving under the influence.

  • B.P.

    Drunk in public. Case dismissed after one year of no further convictions.

  • B.D.

    .18 Blood. RESULT: Wet reckless with community service hours.

You Can Not Afford To Plead Guilty for a DUI Charge

After being arrested, we understand that you are likely experiencing a great deal of fear and anxiety about your future and freedom. As such, we will do everything within our power to help you obtain a sense of ease amidst this difficult and trying time. In order to do so, we will thoroughly review your case, inform you of your rights and legal options, and guide you down the avenue that best suits your needs. At Middlebrook & Associates, our clients are our top priority before building their defense. We address their concerns first because they matter most.

What is Considered DUI in California?

In California, Driving Under the Influence (DUI) typically refers to operating a vehicle while impaired by alcohol, drugs, or both.

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  • 38 Years of Collective Legal Experience
  • Over 250 DUI Trials Handled - With a 97.4% Success Rate
  • Handled More Than 8,500 DMV Hearings in Kern County
  • Expert Member of California DUI Lawyers Association
  • ACS-CHAL Forensic Lawyer - Scientist Designation
  • AV Rated by martindale.com - Leading Authority on Attorney Ratings

Client Testimonials

Hear from Real People Who We've Helped
  • “After a recent successful result against the DMV, Judge Thomas Clark had this to say about our own Mr. Richard Middlebrook:”
    [T]he Court is aware of (and takes notice of) Mr. Middlebrook’s special knowledge and skill in this specialized area of the law, his nationwide reputation and the demand for his services on a national basis and recognizes that those factors increase the reasonable value of his time when applied to a case of this nature with the far-reaching implications implicit in this case. Taking those factors into account, the Court finds that $750 is a reasonable hourly rate for Mr. Middlebrook's services on this particular case."
    - Judge Thomas Clark
  • “We are very grateful to Mr. Middlebrook for his extremely professional handling of our daughter’s case”
    By way of background, I am a civil trial lawyer who practices law in another state. In 2020, after a questionable traffic stop, my daughter was arrested for DUI. Our family engaged Mr. Middlebrook to assist her. After he reviewed the evidence, Mr. Middlebrook identified the weaknesses in the State’s case and formulated a trial strategy to include the retention of an appropriate expert witness. While waiting for trial, Mr. Middlebrook prevailed in the administrative proceeding allowing my daughter to retain her driver’s license pending trial. After plea negotiations fell through, we went to trial on the criminal case. I have over 35 years of experience in a courtroom and have tried dozens of cases to verdict. On the first day of trial, I could tell that Mr. Middlebrook had the respect of the trial judge and the prosecutor. He developed an excellent rapport with the jury. In his examination of the expert witnesses for each side, Mr. Middlebrook demonstrated a deep understanding of the science related to DUI cases. His cross-examination of the arresting officer was respectful while making the officer appear to be, at best, incompetent in his handling of the stop and administration of the breathalyzer test. The jury acquitted my daughter on one charge and deadlocked on the other. An acceptable plea agreement on the remaining charge was thereafter reached allowing for all charges to eventually be dismissed and expunged from her record. We are very grateful to Mr. Middlebrook for his extremely professional handling of our daughter’s case, and I highly recommend him.
    - Ken I.

Defending Your Future in Bakersfield

There are various strategies that may be used to challenge DUI charges in criminal court and at a DMV hearing. Even in cases where a driver is accused of failing a breath test or blood test, there may be ways for an attorney to effectively prove that the test results should not be allowed in court.

Field sobriety tests have inherent faults and may also be improperly administered. Another strategy that can be used is to question or challenge an arresting officer's testimony. Regardless of the circumstances, our firm will carefully review your situation and find any small details and facts that may support your defense.

Begin Building Your Defense Today. Schedule Your Case Evaluation.

Contact Middlebrook & Associates Today!

Call (661) 874-1325 or Fill Out This Form. Hablamos Español.

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