DUI Lawyer in Bakersfield and Kern County

Attorney Advertising

A DUI arrest in Bakersfield starts two separate cases: a criminal case in the Kern County Superior Court and a license case with the California DMV. They move on different schedules, and the DMV deadline comes first. The United Firm | La Liga Defensora, A.P.C. defends first-offense DUI cases for people arrested in Bakersfield, Oildale, Lamont, Arvin and Shafter, and we have a Bakersfield office at 4900 California Avenue, Tower B. You can also talk with us and hire us by phone.

The 10-day DMV deadline comes first

If you were arrested for driving with a blood alcohol level of 0.08% or more, or you refused a chemical test, the officer usually takes your paper license and gives you a pink temporary license that lasts 30 days. You have 10 days from the arrest to request an Administrative Per Se (APS) hearing with the DMV (Vehicle Code 13558). If no one asks for the hearing, the suspension starts automatically when the temporary license runs out. For a first offense with a test result of 0.08% or more, that administrative suspension is generally four months; for a refusal it is one year.

Requesting the hearing keeps your options open. It usually keeps you driving until the hearing is decided, gives us the officer’s report and test records before the court case moves forward, and lets us question how the stop and the test were handled. DMV hearings can be held by video conference or by phone, so you usually do not have to take a day off to sit in a DMV office.

Where Bakersfield DUI cases are heard

DUI cases in Kern County are prosecuted by the Kern County District Attorney. Most misdemeanor DUI cases from the Bakersfield area are heard by the Kern County Superior Court in downtown Bakersfield, on Truxtun Avenue. The court uses more than one building and department there, so the exact address and courtroom printed on your citation or release paperwork are what count. Kern County also has outlying courthouses for the desert and mountain areas; if your paperwork lists one of those, call us and we will tell you whether we can take the case.

Your first court date is the arraignment. In many misdemeanor DUI cases an attorney can appear for you under Penal Code 977 with your written authorization, although the judge can require you to be there. We tell you which dates you must attend.

Who made the arrest

Arrests in and around Bakersfield come from the Bakersfield Police Department, the Kern County Sheriff’s Office and the California Highway Patrol on Highway 99, Highway 58 and Highway 178. Each agency keeps its own reports, breath-test records and video. We request what applies to your stop, including any checkpoint plan if you were stopped at a sobriety checkpoint.

What a first-offense DUI can mean

A first DUI under Vehicle Code 23152(a) or (b) is normally a misdemeanor. The law allows a range of penalties, including informal probation, fines and penalty assessments, a state-licensed DUI education program (three months for most first offenses, longer for a test of 0.20% or more), and a court-ordered license suspension. In many first-offense cases you can keep driving on a restricted license, often with an ignition interlock device. A DUI conviction also counts as a prior for ten years if there is a later case.

Every case turns on its own facts, so we do not quote outcomes. What we can tell you is what we look at and what choices you will have at each step.

How we review a first DUI case

The reason for the stop: whether the officer had a lawful basis to pull you over or detain you, including at a checkpoint.
Field sobriety tests: how they were explained, the road surface and lighting, and any medical or footwear issues that affect the results.
Breath testing: the 15-minute observation period and the device’s calibration and maintenance records under California’s Title 17 rules.
Blood testing: how the sample was drawn, stored and analyzed, and whether a retest of the sample is worth requesting.
Timing: when you drank and when you were tested, which can matter when the result is close to 0.08%.
Body-camera and dash-camera video from the arresting agency.

Depending on what the evidence shows, possible paths can include a motion to suppress evidence, negotiation for a reduced charge such as a ‘wet reckless’ (Vehicle Code 23103), or trial. Whether any of these is available depends on your facts and the prosecutor’s position.

Hire us by phone or at our Bakersfield office

Many people arrested in Kern County work in agriculture, oil fields or long-haul driving and cannot lose a day of work. You can call, explain what happened, and sign a written fee agreement from your phone, or meet us at our Bakersfield office if you prefer. If you drive for a living, tell us right away: a DUI arrest affects a commercial license differently, even when you were in your own car.

Frequently asked questions

How long do I have to request a DMV hearing after a DUI arrest in Bakersfield?

Ten days from the date of the arrest. If no hearing is requested, the suspension usually starts automatically when your 30-day temporary license expires.

Which courthouse will hear my Bakersfield DUI?

Most Bakersfield-area misdemeanor DUI cases are heard by the Kern County Superior Court in downtown Bakersfield. Check the address and department printed on your paperwork.

I have a commercial driver’s license. Does a DUI in my own car affect it?

Yes. A DUI arrest and conviction can affect a commercial license even when you were driving a personal vehicle, and the rules are stricter. Call us before your DMV deadline passes.

Do I have to go to court myself?

Not always. In many misdemeanor DUI cases your attorney can appear for you under Penal Code 977, but the judge can require you to attend certain hearings.

Will a first DUI stay on my record?

A conviction counts as a prior for ten years in any later DUI case. After probation, you may be able to ask the court to dismiss the conviction under Penal Code 1203.4, which helps with most private employers but does not remove it for DMV purposes.

Arrested for DUI in Bakersfield or nearby? The 10-day DMV deadline is already running. Call (855) 636-0550 for a free phone consultation. You can hire us by phone.

Call (855) 636-0550

Attorney Advertising. NotGuilty.com is a website of The United Firm | La Liga Defensora, A.P.C., 3699 Wilshire Blvd., Suite 1000, Los Angeles, CA 90010. Attorney responsible for this page: Shawn F. Matian (Cal. Bar No. 244148). The domain name is not a promise or prediction of any result. Every case is different, and prior results do not guarantee a similar outcome. This page is general information, not legal advice, and does not create an attorney-client relationship.

PHONE