After a first DUI in California, the driver may face court hearings, license suspension, fines, and other serious penalties, even if no one was hurt. Someone facing this charge for the first time must deal with the California criminal court system and the state’s Department of Motor Vehicles (DMV).
DUI laws in California are complicated, and taking them on alone without help from a legal professional can be challenging. Getting help from our Los Angeles DUI Lawyer team can make a big difference during this process.
Working with an attorney offers many benefits. An attorney can protect the driver’s rights, fight for reduced penalties, and guide the case from start to finish.
What Does a First DUI Charge Mean in California?
A first DUI in California refers to a person’s first time being charged with driving under the influence of alcohol or drugs under Vehicle Code § 23152. It means:
- The person had a blood alcohol concentration (BAC) of 0.08% or more while driving (or 0.01% for drivers under age 21).
- The person has no prior DUI convictions within the past 10 years.
- The offense did not involve injury or death to another person.
Even without prior offenses, California law treats a first DUI as a misdemeanor, but the penalties can still be serious.
An Overview of the Legal Process After a First-Time DUI Arrest
After a DUI arrest in California, you can expect several things to happen quickly. A person will need to handle two separate proceedings:
The DMV Process
The police will take the driver’s license and give a temporary one. This notice also acts as a notice of suspension. From there:
- The person has 10 days to request a DMV administrative hearing to try to stop the license suspension.
- If no hearing is requested, the license is usually suspended for four months.
- If the hearing is requested, the suspension is put on hold until the decision is made.
The Criminal Case
The person dealing with their first charge for impaired driving will also have to go to court for the DUI charge. The court process may include:
- Arraignment: A formal reading of the charge and a chance to plead guilty or not guilty
- Pretrial hearings: Where the lawyer may negotiate for a lesser charge or file motions
- Trial: What happens when no agreement is reached and the person pleads not guilty
Penalties for a First DUI Conviction in California
If convicted of a first DUI, California law sets specific penalties under Vehicle Code § 23536. These can include:
- License suspension: Usually six months (can be longer if BAC was very high)
- Fines: $390 base fine, though it can be much higher once extra court fees are added
- DUI school: Three to nine months of alcohol and drug education classes
- Probation: Usually three years of informal probation
- Jail time: Anywhere from 48 hours to six months, though jail may be waived or replaced with community service
- Ignition interlock device (IID): May be required for six months, depending on circumstances
Other Consequences First-Time DUI Offenders Might Face
A DUI conviction affects more than just the court record. Other effects include:
- Higher insurance rates: Most insurers raise rates or cancel policies.
- Criminal record: A DUI shows up on background checks, which could affect jobs or housing.
- Travel restrictions: Some countries, like Canada, may bar entry after a DUI.
- Car impound fees: The driver may have to pay to get their vehicle back.
Even a first DUI has the potential to change someone’s life in unexpected ways.
Can You Avoid Jail for a First DUI Offense?
In many cases, a person charged with a first driving under the influence offense can avoid jail time if the person agrees to probation, completes DUI school, and follows other conditions.
A DUI attorney can argue for alternative sentencing options like:
- Community service
- Work programs
- Electronic monitoring
- Treatment or education classes
The chances of avoiding jail depend on the facts of the case, such as how high the person’s BAC was, whether there was an accident, and how the person behaved with officers.
How a California Lawyer Can Help With a First-Time DUI Case
A lawyer can guide you through the DMV and court processes. They can also help reduce the penalties or even get the charge dropped. Additionally, they will do the following while handling your case:
- Represent you in hearings and court.
- Challenge the stop or testing.
- Work to keep your license.
- Push for lighter sentencing.
- Explain your rights and options clearly.
Even if you think the case for a first-time drunk driving charge is simple, legal help can change the outcome.
Various Common Defenses Used in DUI Cases in California
Just because authorities charge someone with a DUI doesn’t mean they will be convicted. Legal defenses may include:
- The traffic stop was unlawful: The police had no valid reason to pull the driver over.
- The testing was flawed: The breathalyzer or blood test may have been inaccurate or mishandled.
- The symptoms were not from alcohol: Fatigue, medical conditions, or even allergies can mimic signs of impairment.
- No evidence of impairment: BAC alone is not enough. Prosecutors must also show impaired driving.
An attorney working for you will review the facts and fight for the best outcome.
What Should You Do After a First DUI?
After a first DUI charge, it’s important to act quickly. Here are a few steps to follow:
- Request a DMV hearing within 10 days to try to keep your license. Your attorney can also handle this for you if you secure legal representation in time.
- Write down everything you remember about the stop, arrest, and testing.
- Get copies of the police report and DMV notice.
- Do not talk about the case on social media or with anyone except your lawyer.
- Show up for all court dates or let your lawyer appear for you when allowed.
Taking action early helps your lawyer prepare your defense and gives you a better chance of a good result.
Why You Should Take a Driving Under the Influence Charge Seriously
Some people think a first DUI is not a big deal, especially if no one got hurt. But the truth is, even one conviction can affect your life for years. Here’s why it matters:
- It sets a legal record: This means harsher penalties for any future DUI within 10 years.
- It creates long-term problems: You could be dealing with everything from job loss to credit and insurance issues.
- It can’t be easily cleared: It is hard to expunge a DUI in California, and it can still show up in many checks.
- The court won’t go easy just because it’s the first time.
Let a California Defense Lawyer Help With a First DUI Offense
Understanding what happens after a first DUI in California is the first step toward protecting your future. From DMV deadlines to court appearances, offenders must take important steps right away when facing charges.
If you are facing a DUI for the first time, reach out to Los Angeles DUI Lawyer today. The sooner you call, the sooner we can connect you with a lawyer who will manage your case. We’ve been a legal resource for people facing criminal DUI charges for nearly two decades. We can be there for you as well.
Once we put you in touch with representation, your lawyer may be able to reduce the penalties or avoid a conviction altogether. Contact us today to get started.
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