5 Common DUI Myths That Could Cost You Your License in California – Insights from a Former Prosecutor

August 7, 2026

As Christopher Lucero, founder of Lucero, PC and a criminal defense attorney with extensive experience in California courts, I’ve seen firsthand how misconceptions about DUI laws can lead to devastating outcomes. Having served as a former Deputy District Attorney before transitioning to defense work, I understand both sides of these cases intimately. My passion lies in providing aggressive, knowledgeable representation to protect clients’ rights and futures in San Bernardino, Los Angeles, and Inland Empire courts.


Here are five of the most common DUI myths I encounter—and the realities that could make all the difference if you or a loved one is facing charges.


Myth 1: “I only had a couple of drinks—I’m fine to drive.” Many people believe that a few beers or glasses of wine won’t put them over the legal limit of 0.08% BAC. The truth is that alcohol affects everyone differently based on weight, food intake, metabolism, and other factors. What feels like “just a couple” can easily result in a DUI arrest. California’s “per se” law means a chemical test showing 0.08% or higher is enough for charges, regardless of how sober you feel.


Myth 2: Field sobriety tests are infallible science. Officers often present standardized field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) as foolproof. In reality, these tests are highly subjective and influenced by factors like medical conditions, fatigue, anxiety, uneven surfaces, or even footwear. As a trial attorney who has cross-examined officers in numerous DUI cases, I know how to expose the limitations and unreliability of these tests in court.


Myth 3: Refusing a chemical test has no consequences. Some drivers think they can simply refuse a breath or blood test to avoid providing evidence. California’s implied consent law means refusal can lead to an automatic DMV license suspension (often longer than a DUI conviction itself) and can be used against you in court. However, there are strategic defenses available in refusal cases, which is why immediate legal guidance is critical.


Myth 4: “It’s just a first offense—it won’t be a big deal.” Even a first-time DUI in California can result in significant fines, jail time (up to six months), license suspension, mandatory DUI school, and ignition interlock device requirements. The collateral consequences—job loss, higher insurance rates, and professional license issues—can last for years. I’ve helped many clients achieve reductions to wet reckless charges or even dismissals by challenging every aspect of the evidence.


Myth 5: All DUI attorneys are the same. Not every lawyer has the trial experience or prosecutorial background needed to navigate complex DUI cases effectively. My background prosecuting cases before switching to the defense side gives me unique insight into how the state builds its cases—and where those cases can be dismantled.


If you’ve been arrested for DUI, time is of the essence. The California DMV gives you only 10 days to request a hearing to protect your driving privileges. Don’t rely on myths or hope things will work out—get experienced representation early.


At Lucero, PC, we approach every case with thorough investigation, aggressive defense strategies, and genuine compassion for the stress our clients face. Whether your case involves alcohol, drugs, or a combination, we fight to protect your license, your record, and your future.


Contact us today at 213-668-7569 for a confidential consultation. Let our experience work for you.

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Mandatory Ignition Interlock Device after DUI Convictions

By Lucero, P.C. • June 11, 2025
The California State Assembly recently passed Assembly Bill 366 which would mandate the installation of Ignition Interlock Devices for all persons convicted of driving under the influence, including first-time offenders. An Ignition Interlock Device prevents a car from starting unless and until the driver blows into the device with no detectable amount of alcohol on his or her breath. The devices' manufacturers would be required to adopt a specified fee schedule for the costs of the device, relative to and commensurate with, the convicted driver's income. Interestingly, the Ignition Interlock Device provider is responsible for absorbing the remaining costs not paid by the convicted driver. The mandatory installation of an Ignition Interlock Device and its concomitant costs to even first-time DUI convictions is a hefty penalty that drivers should be aware of. If passed in the Senate, which should be expected, the law could go into effect as early as January of 2026. Contact our office at  213-668-7569  to discuss how to handle your DUI matter.

"The Safer Communities Through Opportunity Act"

By Lucero, P.C. • June 11, 2025
The California State Assembly recently voted on and passed AB-1231, "The Safer Communities Through Opportunity Act". The bill must still pass through the Senate, but, if signed into law, would offer defendants charged with felonies the opportunity to enter into a term of diversion. Upon successful completion of the term of diversion, the defendant's case would be dismissed and the arrest for the alleged felony offense would be deemed to have never occurred. The maximum length of felony diversion is twenty-four months from the date of admission. The Court would impose certain requirement upon the defendant, which would be expected to be satisfied. If not satisfied, the Court may reinitiate criminal proceedings. Certain enumerated offenses are excluded from eligibility into diversion, including, but not limited to, offenses that would require the defendant to register per section 290 of the Penal Code, felony DUI, and felony domestic violence. As it stands, only felonies that are punishable by up to three years' imprisonment are eligible for diversion. The law could go into effect as early as January, 2026. If you are facing a felony charge and interested in diversion for your felony matter, contact our office to discuss.

Judicial Diversion for Misdemeanors

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Early Termination of Probation

By Lucero, P.C. • April 2, 2025
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