California imposes harsh penalties for driving while intoxicated, even if it’s your first DUI offense. If you’ve been charged with a DUI, a Burbank DUI lawyer can help you put together a strong defense.
A first-time DUI charge can be overwhelming. You may be worried about jail time, losing your license, and how a conviction could impact your future. But you don’t have to face the charges alone.
For decades, Los Angeles DUI Lawyer has been connecting California residents with skilled DUI attorneys. If you’ve been arrested for a first-time DUI, a Burbank first offense DUI lawyer can help you fight the charges.
How Can a Burbank First Offense DUI Attorney Help Me?
If you’ve been charged with a first-time DUI, an attorney can help by:
- Protecting your rights: Police must follow strict procedures during DUI stops and arrests. An attorney can identify violations and use them in your defense.
- Challenging the evidence: Breathalyzer tests, field sobriety tests, and blood draws are not always accurate. A lawyer can question their reliability.
- Negotiating with prosecutors: Even if a conviction seems likely, an attorney can push for reduced penalties, such as community service instead of jail time.
- Providing representation: After a DUI arrest, you’ll face both criminal charges and a DMV license suspension. An attorney can represent you in both arenas.
A first offense DUI lawyer in Burbank will give you the best chance of protecting your future.
Penalties for a First-Time DUI in California
Even for a first-time offender, the penalties for a DUI in California are harsh. If convicted, you could face:
- Up to $1,000 in fines (not including penalty assessments)
- A 6-month driver’s license suspension
- Mandatory enrollment in an alcohol education program for 3 to 9 months
- Anywhere from 3 to 5 years of informal probation with strict conditions
- Up to 6 months in county jail
A first offense DUI attorney in Burbank can work to achieve the best possible outcome for your case.
What is the Most Common Sentence for a First DUI in California?
Most first-time DUI offenders in California do not receive the maximum penalty. Rather, the typical sentence usually includes:
- Probation instead of jail time
- A fine with penalty assessments
- A three-month DUI education program
- A six-month driver’s license suspension (with the possibility of a restricted license for work or school)
Judges often impose probation conditions such as avoiding alcohol, submitting to testing if pulled over again, and not committing further offenses.
How Likely is Jail Time for a First DUI in California?
Jail time is possible but not mandatory for a first DUI in California. Whether you serve time will depend on the details of your case. Factors that can increase the likelihood of jail include:
- Having a very high blood alcohol concentration (BAC)
- Causing an accident, injury, or property damage
- Refusing to submit to chemical testing
- Having a child in the car during the DUI arrest
Without aggravating circumstances, many first-time offenders avoid jail through probation, fines, and community service. A Burbank DUI attorney can negotiate reduced penalties on your behalf.
Common Defense Strategies
A strong defense can make the difference between conviction and dismissal. DUI lawyers often use these strategies to challenge the prosecution:
- Challenging the traffic stop: If the officer lacked reasonable suspicion to pull you over, the stop may be deemed invalid.
- Questioning test accuracy: Breathalyzers can produce false positives due to calibration issues, medical conditions, or even mouth alcohol.
- Arguing improper police procedures: Failure to read Miranda rights, mishandling evidence, or errors in arrest reports can weaken the prosecution’s case.
An attorney can develop a strong defense based on the specifics of your case.
Can a First-Time DUI Be Dismissed in California?
Yes, a first offense DUI can be dismissed in California. However, your odds of doing so will depend on the facts of your case. A DUI may be dismissed if:
- The stop was unlawful
- Test results were inaccurate or mishandled
- There is insufficient evidence to prove impairment beyond a reasonable doubt
- Police violated your constitutional rights during the arrest
In some cases, a lawyer may negotiate for a reduced charge, such as reckless driving (or a “wet reckless” charge), which carries lighter penalties than a DUI conviction.
What is a DUI in California?
Under California law, driving under the influence means operating a vehicle while impaired by alcohol, drugs, or both. The legal limits are:
- A BAC of 0.08% or higher for drivers 21 and over
- A BAC of 0.01% or higher for drivers under 21 (zero tolerance)
- A BAC of 0.04% or higher for commercial drivers
Even if your BAC is under the legal limit, you can still be charged if the officer believes you were too impaired to drive safely.
Steps to Take After a DUI Arrest
If you’ve been arrested for DUI in Burbank, it’s crucial to:
- Request a DMV hearing: You only have 10 days to challenge the automatic license suspension.
- Write down everything: Record details about your arrest and interactions with police.
- Avoid incriminating statements: Do not discuss your case with anyone except your lawyer.
- Hire a DUI attorney: The sooner you have legal representation, the stronger your defense will be.
Contact a First Offense DUI Lawyer in Burbank
A first-time DUI in California is not something you should contest alone. Los Angeles DUI Lawyer can connect you with an experienced Burbank first offense DUI attorney who can defend your rights and help fight your charges.
Call us today to learn about how you can protect your future.
