Most people arrested for a DUI in West Covina assume the charges are already decided. They are not. A prosecutor reviews the case and makes decisions about what to charge, at what level, and whether any enhancements apply. Those decisions shape everything: potential penalties, plea options, and trial strategy.
Understanding how that process works helps you see why hiring a skilled criminal defense lawyer in West Covina from the start can make a critical difference in your case.
What the Prosecutor Reviews Before Filing Charges
After a DUI arrest in Los Angeles County, the case is forwarded to the district attorney's office. A prosecutor reviews the arrest package, which typically includes:
The arresting officer's report, dashcam and bodycam footage (if available), breath or blood test results, calibration records, the officer's field sobriety test observations, any prior criminal or DUI history for the defendant, and documentation of any accidents or injuries.
The prosecutor decides whether to file charges, what charges to file, and whether the facts support any sentence enhancements. This review happens before you ever appear in court.
The Two Basic DUI Charges in California
California Vehicle Code 23152 covers DUI offenses. The two most common charges filed are:
Vehicle Code 23152(a): Driving under the influence of alcohol. This charge is based on impaired driving behavior, not a specific BAC number. The prosecution argues that the defendant's ability to drive was impaired by alcohol or drugs.
Vehicle Code 23152(b): Driving with a blood alcohol concentration of 0.08% or higher. This charge is based on the chemical test result alone, regardless of how the defendant appeared to be driving.
Prosecutors commonly file both charges together. A conviction on either one counts as a DUI.
What Factors Lead to Enhanced DUI Charges?
A standard first-offense DUI carries a range of penalties. Certain facts can push a case into more serious territory.
High BAC: A BAC of 0.15% or higher can result in an enhancement under California law. Prosecutors use this to argue for longer DUI programs, additional fines, and stricter sentencing. A BAC of 0.16% or above often triggers a separate allegation that the prosecution will use at sentencing.
Speed enhancement: Driving 30 mph or more over the speed limit on a freeway (or 20 mph over on surface streets) at the time of the DUI can result in a mandatory 60-day jail sentence, consecutive to any base sentence.
Prior DUI convictions: A prior DUI within 10 years raises the charges and penalties significantly. A second DUI carries mandatory jail time. A third DUI results in longer jail or prison terms and a 3-year IID requirement. A fourth offense or pattern of priors can result in a felony charge.
Injury to another person: If someone was injured as a result of the DUI, the charge changes to Vehicle Code 23153. This is a wobbler, meaning it can be filed as a felony or a misdemeanor depending on the severity of the injury and the defendant's history. A felony DUI with injury carries potential state prison time.
Child in the vehicle: Having a passenger under 14 years old in the vehicle results in an enhancement under Penal Code 273a. It adds mandatory jail time even for a first offense.
DUI causing death: This can result in a Watson murder charge (second-degree murder) if the defendant had a prior DUI and was warned of the dangers of driving impaired. At SoCal Defense Lawyer, we handle homicide defense, including cases where a DUI is charged as a Watson murder.
How Prosecutors Decide Whether to Reduce or Dismiss Charges
Prosecutors are not required to take every case to trial. They evaluate the strength of their evidence and make decisions about what outcomes to offer.
A defense attorney who challenges the case early, through suppression motions, evidentiary objections, and documented weaknesses in the prosecution's file, changes what the prosecutor believes they can prove. That shifts negotiations.
The traffic stop itself is the first line of challenge. If the stop was not supported by reasonable suspicion, everything that followed may be suppressible. Breathalyzer challenges are also common. Calibration records, the officer's certification to operate the device, the 15-minute observation period required before the test, and the device's margin of error are all points of examination.
Blood test results are not automatically reliable. The chain of custody, storage conditions, and laboratory handling of the sample can all be challenged. A result that looked certain at the time of arrest can look much less certain after a defense investigation.
Tammy Higgins spent 16 years as a public defender across Orange, Los Angeles, and San Bernardino counties, including her final assignment in the Homicide Defense Unit. She has tried over 100 criminal cases to a jury verdict. That trial record is not just a credential. It affects how prosecutors evaluate cases that come across from our office. Prosecutors know when a defense attorney will go to trial.
What a Felony DUI Means for Your Future
A felony DUI conviction in California carries consequences well beyond the sentence itself. A felony on your record affects employment, professional licensing, firearm rights, and immigration status.
For clients with immigration concerns, this is a critical point. A criminal conviction, including some DUI convictions, can trigger deportation proceedings or affect naturalization. We identify those risks before any plea is entered, not after.
For clients who have prior felony DUI convictions, post-conviction options, including re-sentencing and record clearing, may be worth evaluating depending on when the conviction occurred and what has changed in the law.
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