At the Law Office of Larry C.H. Kuo, I primarily practice two bodies of Law - Criminal Law and Immigration.  
The mantra and focus of my Law Firm is
​ “Fighting to keep you of Jail and in America.”  ​

DUI's

DUIs
If you have been charged with Driving Under the Influence (DUI) pursuant to California Vehicle Code §23152 et. seq., you will have to face two battles: (1) the DMV hearing to preserve your driving privilege and (2) the criminal prosecution of your case. Depending on the facts of your case, the DMV may suspend your license for longer than you expect, and aggravating circumstances or additional charges may be tacked onto to your criminal case.

These factors include:
  • Refusing to take a breath or blood test
  • Driving with a Blood Alcohol Concentration (BAC) level of .15, or .20 or higher
  • Having children under 14 years or younger in your vehicle (plus child endangerment charge under Penal Code §273(a) and enhancement under Vehicle Code §23572.)
  • Causing an automobile accident
  • Driving recklessly or at excessive speeds​​


Not all DUI charges are the same. The penalties for your DUI conviction may be increased depending on the presence of any aggravating circumstances listed above. Below is a general chart of DUI convictions that do not involve injuries:


Wet & Reckless:
Certain DUI charges can be reduced to what is called a Wet Reckless pursuant to California Vehicle Code §23103.5. The distinction between a DUI and a Wet Reckless is that a Wet Reckless means that you were not under the influence of alcohol at the time you were driving but merely that you had alcohol in your system at the time you were driving. The penalties for a Wet Reckless is usually one to two-years summary probation, no mandatory jail time, and lesser fines and a 6 week DUI course instead of 3 months on a first-time DUI. 


Felony DUIs:
The two circumstances where a DUI case will be charged as a felony is if: (1) the case was a person’s fourth time DUI or more within the past 10 years pursuant to California Vehicle Code §23540 and/or (2) when the person is involved in a DUI that causes injuries pursuant to California Vehicle Code §23153(a) and (b). The low term sentence on a felony DUI is 16-month state prison and high term is 3 years. For cases involving GBI, additional prison time and a strike may be tacked to your criminal case. In cases where a DUI causes death, you can be charged with gross vehicle manslaughter which carries a prison term of 4, 6, or 10 years in state prison, or even second degree implied malice murder which carries a prison term of 15 to life.


DMV Administrative Hearing
Around the same time you’re facing a criminal case for the DUI charge, you will have 10-days to call the DMV to obtain an APS hearing or else your license will suffer an automatic suspension after 30 days. The APS hearing is a civil proceeding to determine whether your license should be suspended or revoked. Unlike a criminal case where you have the right to a jury trial and the Prosecution must prove each element beyond a reasonable doubt (highest standard of proof in court), in an APS hearing, the Hearing Officer acts as the judge, jury and prosecutor and must determine by a preponderance of evidence (lowest standard) that you:

  • Had a Blood Alcohol Concentration of .08% or higher;
  • That you were driving at the time that you had a BAC of .08% or higher; AND
  • That you were lawfully stopped and arrested.

Although you may win the Court case, your driving privileges may still be suspended or revoked by the DMV. The consequences of which may still subject you to a misdemeanor charge under California Vehicle Code §14601 if you are caught driving on a suspended license.


Immigration Consequences for DUIs
DUIs are generally not considered deportable offenses because they are not categorized as a crime of moral turpitude, or a serious or aggravated felony (“crime of violence”) under INA section 237. The United States Supreme Court held in Leocal v. Ashcroft (2004) 543 U.S. 1. However, depending on the facts and circumstances, a DUI may become a deportable offense. For examples, DUIs involving the use of a controlled substance listed under 21 U.S. Code §812 may be deportable crime. Even if a DUI is not considered a deportable crime, it may have an effect on your status when applying for a greencard or citizenship.


Professional Licensing Issues
A criminal conviction for a DUI may affect your professional license. Nurses, Doctors, and Commercial Drivers are prime examples of people whose license may be revoked because of a DUI. Law students who are applying to become lawyers must disclose a DUI conviction to the State Bar of California on their Moral Character application. Candidates who are applying to be a CHP officer may have to wait 5 years if they are convicted of a DUI. While many just believe that a simple DUI will be merely just an inconvenience in their lives, a DUI may carry dire career consequences.


Defending your DUI Charge
The importance of hiring an aggressive, skilled and effective attorney is paramount to your liberty and livelihood. At the Law Office of Larry C.H. Kuo, our primary practice is DUI. We handle all types of serious and complex cases involving DUIs and DWIs. Do not just plea without knowing your rights.
Call the Law Office of Larry C.H. Kuo at (626) 331 – 1770 for a free consultation.
PLEASE NOTE/ DISCLAIMER: The information contained in this website is for general informational and advertisement purposes only. Nothing on this website and its pages, documents, comments, or any other communications on this website should be considered legal advice. Further, the information on this website does not create an attorney-client relationship, nor shall it be construed as legal advice.

ADVERTISEMENT MATERIAL The contents of this website is furnished as advertisement material. Results pertaining to attorney case reference varies as each case is fact specific. Dismissals in “Recent Result” page are made under PC 1535.5, PC 1385, and 1203.4. Recent Results relate to cases Attorney has been involved with despite not being the attorney of record.