First DUI in California | Penalties, DMV Hearing & License HelpFirst DUI in California

First DUI in California

A first DUI in California is the kind of moment that reorganizes a person’s calendar, finances, and future without warning. One traffic stop on the 91, the 10, the 5, or the 215 can trigger two separate legal proceedings, threaten a driver’s license within ten days, and create a permanent record that follows employment background checks, professional licensing reviews, and immigration screenings for years. Many drivers assume that because it is a first offense, the system will treat them gently. California’s DUI laws are not built around that assumption.

What people often miss in the first few hours after release is that the criminal court case is only half of the situation. The California Department of Motor Vehicles runs a separate administrative proceeding called the Administrative Per Se (APS) process, and the clock on that proceeding begins the day of arrest. A driver who waits to call a lawyer, hoping the situation will resolve itself, often loses the opportunity to challenge the license suspension before it ever reaches court.

The goal of this guide is to give first-time DUI drivers in California a clear, attorney-level understanding of what happens next, what defenses may be available, how the DMV hearing works, what the penalties may look like, and how a California DUI defense lawyer evaluates whether legal defenses apply to the specific facts of a case. Not every DUI case is the same. The facts, the testing procedures, the officer’s conduct, the BAC reading, and the timeline all matter.

Arrested for your first DUI in California? Get legal help before critical deadlines pass. Speak with a DUI defense attorney about your DMV hearing, license, and case strategy. Call Now

What Happens After a First DUI Arrest in California?

A typical first DUI arrest in California follows a sequence that begins with a traffic stop and ends with two parallel legal cases. Understanding each step helps a driver and their attorney evaluate whether the stop, the testing, and the arrest were conducted properly.

The Traffic Stop

An officer must have reasonable suspicion to initiate a traffic stop. This can come from observed driving conduct, an equipment violation, a checkpoint, or an accident. The legitimacy of the stop is often one of the first issues a defense attorney examines, because an illegal stop can affect everything that follows.

Field Sobriety Tests

Officers often request standardized field sobriety tests at the roadside. These typically include the horizontal gaze nystagmus test, the walk-and-turn, and the one-leg stand. These tests are voluntary in California, though most drivers do not realize that during the encounter. Performance can be affected by medical conditions, footwear, road conditions, weather, fatigue, anxiety, and a long list of variables that have nothing to do with alcohol.

Preliminary Alcohol Screening

The roadside handheld breath device, known as a PAS test, is generally optional for adult drivers who are not on DUI probation and who do not hold a commercial driver’s license. The result is used to develop probable cause for arrest, but it is not the official evidentiary chemical test.

Arrest and Chemical Testing

Once arrested, the driver is required under California’s implied consent law to submit to a breath or blood test. Refusal can lead to enhanced license consequences and is treated as an aggravating factor by both the DMV and the court.

Booking, Citation, and Release

After processing, the driver typically receives a citation with a court date, a temporary license document (often the pink Notice of Suspension form), and a release. The pink form is critically important. It functions as a temporary 30-day license and contains information about the DMV hearing request deadline.

Two Separate Cases Begin

From this point forward, the driver faces two parallel proceedings. The criminal court case is handled by the prosecutor in the county where the arrest occurred. The administrative case is handled by the DMV Driver Safety Office. Each proceeding has its own timeline, evidence rules, and consequences. Winning one does not automatically resolve the other.

Is a First DUI in California a Misdemeanor or Felony?

Most first DUI cases in California are filed as misdemeanors under Vehicle Code sections 23152(a) and 23152(b). These charges cover driving under the influence of alcohol and driving with a BAC of 0.08 percent or higher. Drivers under 21 and commercial drivers face lower BAC thresholds.

A first DUI can be charged as a felony when certain aggravating facts are present. Possible felony exposure may exist when:

• The DUI involved an accident causing injury to another person under Vehicle Code 23153.
• The driver has a prior felony DUI on their record, even if the new offense is otherwise a first-incident situation.
• A serious bodily injury or death is alleged.
• The case involves vehicular manslaughter allegations under Penal Code 191.5.

Felony DUI exposure significantly changes the strategic picture, the potential penalties, and the long-term consequences. A driver facing any allegation involving injury should speak with a defense attorney about whether felony exposure may apply to their specific facts.

First DUI Penalties in California

California first DUI penalties depend heavily on the facts of the case, the BAC level, the county, the assigned judge, the prosecutor’s office, the driver’s record, and whether aggravating factors apply. The chart below summarizes the categories of consequences that may be on the table.

Issue	Possible Consequence
Jail	Possible county jail exposure, though many first-time cases are resolved without lengthy custody time depending on the facts.
Fines and Fees	Court fines, statutory penalty assessments, court security fees, and administrative costs can add up to several thousand dollars when combined.
Probation	Informal (summary) probation typically lasting three to five years, with conditions including obeying all laws and submitting to chemical testing if lawfully arrested again.
DUI School	Court-ordered DUI education program ranging from a three-month program for standard first offenses to longer programs for higher BAC cases.
License Suspension	DMV administrative suspension and/or court-related suspension. A restricted license may be available in some cases.
Ignition Interlock Device	Required or available as part of restricted driving options. Statewide IID policies have expanded in recent years.
Insurance	SR-22 filing requirement and substantial premium increases. Some insurers may decline to renew coverage.
Criminal Record	A DUI conviction generally remains on a California criminal record and may be visible to background check services. The DMV record carries a DUI for ten years for priorability purposes.

None of these consequences are automatic in their most severe form. The point of working with a defense attorney is to evaluate which consequences may realistically apply and which may be reduced, restructured, or avoided depending on the facts. Official information on DUI penalties and procedures is available through the California DMV and the California Vehicle Code.

California DMV Hearing After a First DUI

The DMV administrative case operates independently from the criminal court case. This is one of the most misunderstood parts of the California DUI process, and missing the deadline is one of the most common avoidable mistakes a first-time DUI driver can make.

The 10-Day Rule

Drivers generally have ten days from the date of arrest to request an Administrative Per Se hearing with the DMV. If the deadline is missed, the right to contest the administrative suspension before it takes effect is typically lost, and the suspension proceeds automatically after the temporary license expires.

What the DMV Hearing Covers

The Administrative Per Se hearing addresses three core questions:

• Did the officer have reasonable cause to believe the driver was operating a vehicle in violation of DUI laws?
• Was the driver lawfully arrested?
• Did the driver’s BAC reach 0.08 percent or higher at the time of driving, or did the driver refuse a lawful chemical test?

The hearing is conducted by a DMV hearing officer, not a judge. It can take place in person, by phone, or by video, and a defense attorney may handle the hearing without the driver needing to appear in many cases. The rules of evidence are less formal than a criminal trial, but the hearing still provides an opportunity to challenge the stop, the arrest, the chemical test results, and the chain of custody.

For a deeper look at how these hearings work, including how to request one and what to expect procedurally, see the dedicated guide on California DMV DUI hearings and the implications for DUI license suspension in California.

Worried about losing your license? Speak with a DUI defense lawyer about DMV hearing and license suspension options before the 10-day window closes. Call Now

Will I Lose My License After a First DUI in California?

License consequences after a first DUI in California can come from two sources, and both can affect a driver’s ability to commute, work, and meet family obligations.

Administrative Suspension

If the DMV hearing is not requested within ten days, or if the hearing officer rules against the driver, the administrative suspension proceeds. For a standard first DUI with a BAC of 0.08 percent or higher and no refusal, the administrative suspension is typically four months, with eligibility for a restricted license after a portion of the suspension period and the satisfaction of certain requirements.

Court-Triggered Suspension

If the driver is later convicted of DUI in criminal court, an additional suspension may be triggered by the court, although these may run concurrently with the administrative suspension in many cases.

Restricted License Options

California offers restricted driving privileges in many first DUI cases. These typically allow driving to and from work, to and from DUI school, and in some cases anywhere with an ignition interlock device installed. The exact options depend on the facts, the BAC, and whether a chemical test refusal is alleged.

Ignition Interlock Device

An ignition interlock device requires the driver to provide a breath sample before the vehicle starts and at intervals while driving. For first-time DUI drivers, IID installation can sometimes accelerate a return to driving privileges.

Commercial Driver Concerns

Commercial driver’s license holders face especially serious consequences. A DUI, even in a personal vehicle, can trigger a CDL disqualification of at least one year for a first offense and longer for transporting hazardous materials. Drivers whose income depends on a CDL should treat a first DUI as an immediate priority.

Professional Driving and Work Concerns

Drivers in delivery, ride-share, sales, healthcare, and other roles that require regular driving should expect their employer’s policies to be triggered by any DUI arrest, particularly if a license suspension follows. Restricted licenses do not always satisfy employer policies.

Can a First DUI Be Dismissed in California?

One of the most common questions a first-time DUI driver asks is whether the case can be dismissed entirely. The honest answer is that it depends on the facts. Dismissal is not the most common outcome, but it is possible in cases where the prosecution’s evidence is fundamentally weak, the testing procedures were flawed, or constitutional violations occurred during the stop or arrest. A defense attorney evaluates the file and identifies which defenses may apply.

Illegal Stop

If the officer lacked reasonable suspicion to initiate the traffic stop, evidence obtained as a result of the stop may be subject to a motion to suppress. Without that evidence, the prosecution’s case can collapse.

Lack of Probable Cause for Arrest

An arrest requires probable cause. If the officer’s observations and the field sobriety test results did not meet the probable cause threshold, the arrest itself may be challenged.

Improper Field Sobriety Testing

Field sobriety tests must be administered according to standardized procedures. Officers who deviate from those procedures, who fail to account for medical conditions, or who administer tests in unsafe or inappropriate conditions can produce results that are unreliable.

Breath Testing Issues

Breath testing devices must be properly calibrated, maintained, and operated. Maintenance logs, operator training, observation period compliance, mouth alcohol contamination, and machine reliability all matter. For more detail on this specific defense area, see DUI breathalyzer defense.

Blood Testing Errors

Blood draws involve their own chain of issues, including who drew the blood, whether the proper anticoagulant was used, how the sample was stored, whether fermentation may have occurred, and whether the testing laboratory followed proper procedures. The dedicated overview on DUI blood test defense goes into greater detail.

Rising BAC Defense

Alcohol absorption is not instantaneous. A driver’s BAC at the time of driving may be different than the BAC at the time of testing, particularly when testing occurs significantly after the stop. This is known as the rising BAC defense and depends on timing, drinking pattern, food consumption, and biological factors.

Medical Conditions

Conditions such as diabetes, acid reflux (GERD), low-carb dieting (ketosis), and certain medications can affect breath test readings or mimic signs of intoxication during field sobriety testing.

Officer Procedure Violations

Miranda issues, observation period violations, failure to provide chemical test choice, and other procedural irregularities can create grounds for suppression or dismissal in specific cases.

Chain of Custody Problems

Blood samples and breath records must be handled and documented properly. Gaps in the chain of custody can create reasonable doubt or trigger evidentiary challenges.

Can a First DUI Be Reduced to Wet Reckless?

A “wet reckless” is a reduced charge under Vehicle Code 23103 with a 23103.5 notation, indicating that the underlying conduct involved alcohol. A wet reckless is not automatic. It is a negotiated outcome that prosecutors agree to when the facts, the evidence, the BAC level, and the absence of aggravating factors support a reduction.

Common factors prosecutors evaluate include:

• BAC at or near the legal limit rather than significantly above.
• Driving conduct that did not include accidents or injuries.
• No prior DUI or alcohol-related driving history.
• No refusal of the chemical test.
• Evidence weaknesses that create defense leverage.

A wet reckless typically carries fewer mandatory consequences than a DUI conviction, including a shorter DUI school requirement, no mandatory license suspension from the court, and lower fines. It still counts as a priorable offense for ten years, meaning a future DUI within that period would be treated as a second offense. For a side-by-side comparison, see the explainer on wet reckless vs DUI.

First DUI With a High BAC

A first DUI with a BAC significantly above the 0.08 percent legal limit is treated as an enhanced situation by both prosecutors and the DMV. California recognizes elevated BAC enhancements under Vehicle Code 23578 when the BAC reaches 0.15 percent or 0.20 percent or higher.

Possible consequences of a high-BAC first DUI may include:

• Longer DUI school placement (often a nine-month program rather than three months for BAC of 0.20 or higher).
• Enhanced fines and additional penalty assessments.
• More aggressive prosecution stance and reduced willingness to negotiate.
• Stricter DMV scrutiny on restricted license requests.
• Greater emphasis on ignition interlock device requirements.

That said, a high BAC reading is not a guarantee of conviction. Testing accuracy, calibration history, observation period compliance, and the rising BAC defense remain available even at higher reported BAC levels. A skilled DUI defense attorney evaluates whether the high reading is reliable or whether testing flaws may have produced an inflated number.

First DUI After an Accident

A first DUI that involves an accident is treated as a more serious matter, regardless of the severity of the accident. Even minor property damage can change the prosecution’s posture and the available defense strategies.

Property Damage

Property damage triggers potential restitution obligations to the property owner, separate civil exposure, and increased insurance consequences. Prosecutors often view accident cases as less negotiable than non-accident cases.

Injury Allegations

If another person was injured in the accident, the case may be filed under Vehicle Code 23153 rather than 23152. This is a “wobbler” that can be charged as a misdemeanor or a felony. The severity of the injury, the driver’s BAC, and the driving conduct all influence the charging decision.

Hit-and-Run Concerns

Leaving the scene of an accident creates separate criminal exposure under Vehicle Code 20001 or 20002, depending on whether injuries were involved. A combined DUI and hit-and-run case is significantly more complex.

Restitution and Civil Exposure

Even when a DUI accident does not involve serious injury, the driver may face restitution orders in the criminal case and a separate civil claim from the other driver or property owner. Insurance coverage and policy limits become central concerns.

Possible Felony Escalation

When injury is alleged, felony exposure becomes a real possibility. Drivers in any DUI case involving an accident should treat the matter as a priority and consult with a defense attorney about whether felony defense strategies may apply.

First DUI and Professional Consequences

For many professionals, the criminal penalties of a first DUI are not the most damaging consequence. The collateral effect on licenses, employment, and career trajectory can be substantially more disruptive and longer-lasting.

Nurses and Healthcare Professionals

The California Board of Registered Nursing and the Medical Board of California require licensees to report criminal convictions. A DUI conviction can trigger an investigation, a citation, probation conditions, or in serious or repeat cases, license discipline. Healthcare professionals should approach a first DUI with awareness that license review is a separate process from the criminal case.

Doctors

Physicians face Medical Board reporting requirements and potential peer review consequences. The Medical Board generally treats a single DUI differently than a pattern of substance-related issues, but disclosure obligations apply either way.

Teachers

The California Commission on Teacher Credentialing reviews DUI convictions. Outcomes range from no action to suspension or revocation depending on the facts and any pattern of conduct.

Commercial Drivers

A first DUI conviction generally results in a one-year CDL disqualification, even when the DUI occurred in a personal vehicle. For drivers whose income depends on commercial driving, this consequence often outweighs the criminal penalties.

Real Estate Professionals

The California Department of Real Estate requires disclosure of criminal convictions during license applications and renewals. A first DUI may or may not result in license action depending on the facts and the licensee’s history.

Contractors

The Contractors State License Board reviews criminal convictions that may bear on the contractor’s fitness to operate. A single DUI is generally not disqualifying, but it must be disclosed.

Security Clearance Holders

Federal employees and contractors with security clearances must disclose arrests and convictions. A DUI does not automatically trigger clearance loss, but the disclosure and adjudication process can be lengthy.

Other Licensed Professionals

Attorneys, accountants, pharmacists, therapists, and many other licensed professionals face similar reporting requirements. The first call after a DUI arrest should not just be to a DUI defense lawyer, but to someone who understands how the licensing implications interact with the criminal case strategy.

First DUI in Riverside County

Riverside County handles a significant volume of DUI arrests each year, driven by patrol activity from the Riverside Police Department, the Riverside County Sheriff’s Department, and the California Highway Patrol. Cases are typically filed at the Riverside Hall of Justice or the satellite courthouses depending on the location of arrest.

Riverside County DUI cases tend to involve:

• Aggressive prosecution of high-BAC and accident-related DUI cases.
• Active CHP enforcement on the 91, 215, 15, and 60 freeways.
• DUI checkpoints in higher-population areas.
• Coordinated handling with the DMV Driver Safety Office serving the region.

The local court culture matters. Riverside prosecutors and judges have their own patterns regarding plea negotiations, sentencing positions, and how aggressively they pursue trial. A defense attorney familiar with the local landscape can evaluate whether the case is positioned for negotiation, motion practice, or trial. For local representation considerations, see the dedicated Riverside DUI lawyer overview.

First DUI in San Bernardino County

San Bernardino County covers a vast geographic area and handles DUI cases out of multiple courthouses, including San Bernardino, Rancho Cucamonga, Fontana, and Victorville. The Inland Empire sees consistent DUI enforcement along the 10, 15, 215, and 210 freeways.

Common San Bernardino County DUI considerations include:

• Variation in courthouse culture from one part of the county to another.
• Active CHP enforcement and county sheriff DUI patrols.
• License suspension impacts that hit hard in a region where commuting is essential.
• Coordinated DMV hearings through Driver Safety offices serving the area.

San Bernardino County DUI defense often involves longer travel for court appearances and a more dispersed system than a single-courthouse county. A defense attorney with experience navigating the local courts can be valuable. The dedicated guide for San Bernardino DUI lawyer representation discusses the local landscape in more depth.

What Should You Do Immediately After a First DUI Arrest?

The first 72 hours after a DUI arrest matter more than people realize. Decisions made (or not made) during this window can shape the entire trajectory of the case. Use the following checklist as a starting point.

1. Read all paperwork from the arrest. The citation, the temporary license document, and any property receipts contain important information. The pink Notice of Suspension contains the language about the DMV hearing deadline.
2. Confirm your court date. First DUI court dates are typically several weeks out, but missing the date triggers a bench warrant. Note the courthouse, the department, and the time.
3. Do not miss the DMV hearing deadline. The window is generally ten days. Requesting the hearing preserves the right to challenge the administrative suspension and typically extends the temporary license while the hearing is pending.
4. Preserve evidence and witness information. Note who you were with, where you came from, what you ate, what time you stopped drinking, and any independent witnesses to your condition. If video may exist (restaurant cameras, dashcam footage, body-worn cameras), the sooner this is identified, the better.
5. Avoid discussing the case publicly. Social media posts, conversations with non-attorneys, and even text messages can become evidence. Keep the matter between you and your attorney.
6. Do not assume the case is hopeless. Even cases with high BAC readings or perceived bad facts can have defense angles that a careful review reveals. The most important step is to get a professional evaluation.
7. Speak with a DUI defense lawyer quickly. The earlier an attorney is involved, the more options remain on the table. Waiting until the day before the court date or after the DMV deadline has expired removes strategic options.

Why Hire a Lawyer for a First DUI in California?

A first DUI is still a criminal case. Even when the consequences seem manageable on paper, the long-term effects on a driver’s life, license, insurance, employment, and record warrant serious legal representation. The reasons to hire a DUI defense lawyer for a first offense include the following.

The Case Has Real Stakes

License suspension, jail exposure, fines, DUI school, ignition interlock requirements, SR-22 insurance, and a permanent criminal record are not minor. The driver who treats the case as a formality often ends up with the most severe possible outcome simply because no one pushed back on the prosecution’s initial position.

Defenses May Apply

An attorney evaluates whether any of the defense angles discussed above may apply: illegal stop, lack of probable cause, testing flaws, medical conditions, rising BAC, procedural violations, chain of custody gaps, or others. These defenses cannot be evaluated without a careful review of the police report, the chemical test records, the body-worn camera footage, and the dispatch records.

Court Appearances Can Be Handled

For most misdemeanor DUI cases, the attorney can appear on the driver’s behalf, which means the driver does not have to take a day off work for every court date. This is particularly valuable for drivers with demanding jobs or those who live far from the courthouse.

License Protection

The attorney handles the DMV hearing, evaluates the administrative case, and works to preserve driving privileges where the facts allow. Doing this without an attorney is possible but significantly harder, particularly because the rules of the hearing favor the DMV.

Strategy Beats Fear

Drivers who accept the first offer without an attorney often have no idea whether the offer is reasonable or whether the prosecution’s evidence supports the charge at all. A defense attorney evaluates the file and develops a strategy based on the evidence, not on fear of what might happen.

Collateral Consequence Awareness

An experienced DUI defense attorney understands how a conviction or plea will affect licensing boards, immigration status, employment, professional reputation, and future insurance costs. The attorney negotiates and structures resolutions with these collateral effects in mind.

A first DUI does not mean your future is over. Request a confidential case review today and find out what defenses and outcomes may be possible for your situation. Call Now

Frequently Asked Questions About a First DUI in California

Is jail mandatory for a first DUI in California?

Jail is not automatically mandatory for every first DUI in California. Vehicle Code 23536 allows for jail time on a first DUI conviction, but many first-time cases are resolved with little or no actual custody time, depending on the facts, the BAC level, whether an accident occurred, the county, and the defense work done on the file. Aggravating facts such as a very high BAC, an accident with injury, or a refusal can increase the likelihood of jail exposure. A defense attorney evaluates the specific facts and works toward the best available outcome.

How long does a first DUI stay on your record in California?

A DUI conviction in California is priorable for ten years from the date of the offense, meaning a subsequent DUI within that window is treated as a second offense with heavier consequences. On a criminal record, the conviction generally remains visible unless an expungement under Penal Code 1203.4 is granted, which can clean up the record for many purposes but does not remove the offense from DMV history.

Can I drive after a first DUI arrest?

In most first DUI cases, the temporary license document received at the time of arrest allows driving for approximately 30 days while the DMV process plays out. Requesting an Administrative Per Se hearing within ten days typically extends driving privileges until the hearing is decided. After that, options including restricted licenses and ignition interlock device programs may allow continued driving in many situations.

What happens if I miss the DMV hearing deadline?

Missing the ten-day deadline to request a DMV hearing generally means the administrative suspension takes effect automatically after the temporary license expires. The opportunity to challenge the stop, the arrest, or the chemical test result in the DMV proceeding is lost. The criminal court case continues separately, but the administrative suspension proceeds without contest.

Can a first DUI be reduced?

A first DUI may be reduced to a wet reckless, a dry reckless, or in some cases other charges, depending on the facts, the BAC level, the evidence, and the prosecutor’s office. Reductions are not automatic. They are negotiated based on the strengths and weaknesses of the prosecution’s case and the work the defense puts into the file.

Will a first DUI affect my job?

The answer depends on the job. For commercial drivers, healthcare workers, teachers, and many licensed professionals, a DUI may trigger reporting requirements and potential license review. For drivers whose work requires a clean driving record or who drive on the job, a license suspension can affect employment directly. For most other roles, the immediate employment impact depends on the employer’s policies and whether the conviction appears on background checks.

Do I need DUI school after a first DUI?

If convicted of a first DUI, the court generally orders completion of a state-licensed DUI education program. The standard program for a first offense with a BAC under 0.20 percent is typically three months. Higher BAC cases may require a longer program, often six or nine months. Wet reckless reductions usually require a shorter program.

Should I hire a California DUI lawyer for a first offense?

Hiring a DUI defense lawyer for a first offense is not legally required, but it is generally advisable. The consequences of a DUI conviction reach into license, insurance, employment, and record-related areas that a first-time defendant is unlikely to fully evaluate alone. A defense attorney provides a professional review of the evidence, handles the DMV hearing, evaluates defense angles, and structures the resolution with collateral consequences in mind. Resources such as the California Courts Self-Help Center provide general procedural information, but they are not a substitute for case-specific legal advice.

Final Thoughts on a First DUI in California

A first DUI in California is a serious legal matter, but it is not the end of a person’s career, family life, or driving future. The system is designed to move quickly, and drivers who respond quickly preserve the most options. The ten-day DMV deadline, the criminal court process, the testing review, the defense analysis, and the long-term consequences all matter. So does the choice of attorney and the speed of the initial response.

Every DUI case is fact-specific. A BAC reading is not the whole story. A traffic stop is not the whole story. A field sobriety test result is not the whole story. The whole story comes together when a defense attorney reviews the file, identifies the issues, and develops a strategy based on the actual evidence. A first DUI handled well is a first DUI that protects the driver’s license, record, livelihood, and future to the greatest extent the law allows.

Arrested for your first DUI in California? Get a confidential case review and find out what defenses and outcomes may be possible. Call Now

Legal Information Disclaimer

This page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. DUI laws, DMV rules, court procedures, and penalties in California may change. Every DUI case is fact-specific, and outcomes depend on the unique circumstances of each matter. No outcome is guaranteed. Readers facing a first DUI in California should speak with a qualified California DUI defense lawyer about their specific facts before making decisions about their case.

Last Updated: May 2026

Author: CredibleLaw Editorial Team

Reviewed by: Attorney reviewer Chis Koch — California DUI defense counsel