Facing a first-time DUI offense in California can be confusing and upsetting. If you rarely run afoul of the law, you may be tempted to admit guilt and accept the penalties. However, a DUI charge, especially a first offense, can often be reduced or dismissed from your criminal record when you work with a Los Angeles first-offense DUI lawyer.
The first step is to stay calm if you are pulled over by law enforcement and avoid doing or saying anything that may suggest you are guilty. Afterward, the next most important step is to work with an attorney recommended by Los Angeles DUI Lawyer to challenge your arrest and avoid facing harsh penalties.
What Happens After Your First DUI Arrest
There are a few things that happen when you get a DUI in Los Angeles. Both the court system and the Department of Motor Vehicles (DMV) are involved. Regardless of whether you choose to fight your DUI, these steps are part of the process:
- After police officers process you, they will take away your driver’s license and give you a form that serves as your temporary license.
- You will also receive a notice of potential DMV suspension, which you must keep with your temporary license.
- The officers will then forward a copy of this notice to the DMV for processing. The DMV will review the details of your case and usually decide to suspend your license.
The police arrest you and present criminal charges, and the court system decides whether you are guilty or not. However, the DMV controls whether drivers are allowed to drive and when.
You must work with these groups separately and understand their different requirements to successfully fight a DUI charge, and a criminal defense attorney can help.
A First Offense DUI When You’re a Minor
With drivers under 21, the penalties and fees can often be much harsher than for those of people who are of legal drinking age. California has a zero-tolerance policy under California Vehicle Code (VC) §23136.
This means that any percentage of blood alcohol concentration (BAC) is enough to warrant, at minimum, a suspension. The higher your BAC is, the more severe the punishments become.
5 Things You Need to Know About Your First DUI in California
A DUI arrest can be overwhelming, leaving you with many uncertainties. Here’s a breakdown of five crucial things to understand about a first-time DUI offense in California:
Potential Consequences
A first DUI is typically a misdemeanor, but the repercussions can be significant. First-time DUI offenders may receive jail time (several days to months), a suspended driver’s license (lasting up to two years), hefty fines and court fees, mandatory completion of alcohol or drug programs, and a substantial increase in your car insurance rates.
Impact on Your Driving Privileges
An automatic suspension of your driver’s license is likely after a DUI arrest. The duration can range from four months to two years. However, you have the right to request a hearing at the Department of Driver Safety (DDS) to contest the suspension. A DUI lawyer can be instrumental in navigating this process.
Explore Your Legal Options
Consulting with an experienced Los Angeles first-offense DUI lawyer is an important step. They can analyze the details of your arrest, identify any weaknesses in the case, and explore potential legal options. This might involve negotiating a plea bargain with the prosecutor to lessen the charges or penalties you face.
Protecting Your Rights
Throughout the legal process, a DUI lawyer can ensure your rights are protected. A lawyer can help you understand DUI charges against you, inform you of your options at every turn, and represent you in court if necessary.
Los Angeles DUI Lawyers can connect you with attorneys who offer free consultations. This initial conversation allows you to discuss the specifics of your case and learn more about your legal rights. Don’t hesitate to reach out for professional guidance–you don’t have to navigate this alone.
How Blood Alcohol Concentration (BAC) Testing Works in California
The legal limit for BAC in California is 0.08%. California uses chemical DUI blood tests, urine tests, and breath tests. The current law states that when a driver is arrested for DUI, they give their implied consent to testing.
Breath testing is most common at the roadside. If a driver is taken to the police station for testing and detention, urine or blood testing will likely be performed to determine whether the intoxication is from alcohol, drugs, or both. If your blood alcohol content exceeds 0.08%, you will receive a temporary license and notice of potential suspension.
A first-offense DUI lawyer in Los Angeles can help you understand how accurate blood alcohol tests are and determine if there was a human error involved during the field sobriety tests.
When Your BAC Is Over the 0.08% Limit
When your blood alcohol level is over 0.08%, your license will be suspended for four months, and you will not be able to drive legally for 30 days. After this period, you can become eligible for a restricted license which would allow you to drive to and from (or for) work. You would also be able to drive to DUI school (traffic school).
A restricted license can be issued after you enroll in DUI classes, submit proof of insurance to the DMV, and pay a fee for a license reissue. Refusing to take a BAC test of any kind violates the implied consent laws in California, and your license will be suspended for one year after the expiration of your temporary license.
Having a qualified Los Angeles first offense DUI attorney on your side is the best way to reduce or remove fines and expenses such as DUI school or interlock devices.
DMV Penalties for a First Offense DUI
Failing to request a DMV hearing within ten days of your DUI arrest, or losing the hearing itself, can result in significant repercussions. The Department of Driver Safety (DDS) will likely suspend your driver’s license for a minimum of four months.
Additionally, you’ll be required to obtain SR-22 insurance, which is mandated for drivers deemed a high risk by the DDS due to your DUI arrest. Since SR-22 insurance is priced for higher-risk drivers, expect to pay more than you would for standard car insurance.
The DMV will also assess additional fees and points to your driving record. Accumulating points within a designated time frame (4 points in 12 months, 6 points in 24 months, or 8 points in 36 months) could lead to further suspension or even revocation of your license. It’s important to remember that while the DMV interacts with law enforcement and courts, it operates as a separate entity.
How a DUI Lawyer Can Help You
There are many ways a first offense DUI lawyer in Los Angeles may be able to help you with your case:
- Legal Representation. You have the right to have an attorney represent you at your DMV hearing.
- In-Person Hearing. You can request that your DMV hearing DUI in California be conducted in person rather than over the phone. Most DUI lawyers recommend this approach, as it can often be advantageous to your case.
- Officer Testimony. You have the right to compel the arresting officer to appear and provide testimony at the hearing. An experienced DUI lawyer can assess the officer’s account and potentially expose weaknesses in their recollection of events. This can be crucial to your case.
- Postponed Suspension. The DMV will postpone your license suspension until your hearing takes place. This can take months, potentially allowing you to resolve your DUI case entirely in court and avoid a suspension altogether.
The most effective way to navigate the DMV hearing and potentially minimize the impact on your driving privileges is to have a qualified DUI lawyer handle the process on your behalf. They can leverage their knowledge of the law and DMV procedures to fight for a favorable outcome.
Criminal Penalties for a First Offense DUI
While the DMV oversees how licenses are restricted or revoked, the court system handles the criminal process and penalties a DUI offender faces. When a person is convicted of their first drunk driving charge, California penalties can include:
- Mandatory jail sentence of anywhere from 3 days to 6 months. In some cases, the jail sentence can get waived as part of your probation
- Fines between $390 and $1000
- Additional financial penalties that can bring the total you owe to several thousand dollars or more
- Required attendance to at least three months of DUI classes
- DUI probation for 3-5 years
Your DUI will remain on your record for ten years. During that time, if you have any other DUI arrests, you will face much harsher penalties. Your DUI can also affect employment, college admissions, and other aspects of your life.
Additional Penalties for a First DUI Offense
In addition to criminal and DMV penalties, many drivers are required to install an ignition interlock device (IID). This device requires you to blow into a breath-testing device to start the vehicle. Drivers are responsible for paying the expenses of IID installation and maintenance.
Costs for the device can average $70-$150 for installation and $60-$80 per month for maintenance. First offenders for DUI can choose one of two options for this device:
- A 12-month restricted license that allows driving to and from places like work and school
- A maximum 6-month requirement to use an IID after having their license reinstated.
Other possible penalties include mandatory alcohol or drug treatment, community service, or wearing an alcohol-detecting “SCRAM” bracelet on your ankle. While many of these penalties are not commonly given out in the case of a first-time DUI, drivers are at the mercy of the judge’s discretion.
You can also face sentence enhancement and other mandatory penalties if you refuse to take a blood, breath, or urine test, if your blood alcohol level was very high, or if other aggravating circumstances are present in your case.
How DUI School (Traffic School) Works
DUI school, also known as traffic school, is required for all convicted DUI offenders. It is a series of classes you must pay for and attend, and you will need to prove that you completed them to the courts. The classes aim to teach you the dangers that driving under the influence poses to other people and yourself.
They also teach you to reflect on your use of alcohol or drugs and reduce or eliminate your use of these substances. Most first-time DUI offenders in California need to complete a 30-hour program that lasts three months.
However, If your blood alcohol concentration is 0.20% (two and a half times the legal limit) or higher, you will be required to complete a 60-hour class that lasts nine months. Failure to attend or complete these classes comes with severe penalties.
How DUI Probation Works
DUI probation is generally unsupervised probation, meaning no probation officer keeps an eye on you. However, during this time, you will have to follow specific rules. If you get caught breaking them, you face penalties for probation violations, such as:
- You cannot violate any law that results in your arrest.
- You must not drive during the period of your license suspension.
- You cannot drive with any measurable amount of alcohol in your system.
If a driver has elected to install an IID and is driving on a restricted license, they can drive to and from (or for) work and to and from their DUI school classes. These are baseline DUI probation requirements. The judge may impose other conditions as well.
If you violate them, you will almost certainly be sent to jail to serve any time that was waived at your trial. You may face other consequences as well.
Fighting a DUI Offense
Many people falsely assume that they must face and pay the penalties associated with a DUI arrest. It is important to understand that there are many ways to fight a DUI offense, even when it seems the evidence is against you. Your lawyer may have grounds for reduction or dismissal in situations such as when:
- A urine or blood test was incorrectly administered or interpreted.
- You are a woman, and the breath test read a falsely high BAC. Breathalyzers are calibrated for the average man, who generally has a larger body mass.
- The police made technical errors in your arrest or their reporting.
These techniques can often show enough doubt or faulty methods to reduce or overturn a charge. Prosecutors may have a police report and test results, but your criminal defense law firm can request an arrest review, an examination of the testing procedures, and many other types of investigations.
Talk to a DUI Attorney Today at No Cost
Don’t assume that you’ll get off the hook just because this is your first DUI offense. Understanding the penalties is only one part of the equation. The next part is hiring an experienced Los Angeles first-offense DUI attorney to help you with your case today.
Los Angeles DUI Lawyers can connect you with attorneys who have years of experience handling DUI cases. They can examine your DUI offense and help you navigate California laws.
Contact us today to get referred to an experienced DUI attorney for an initial consultation at no cost. In this meeting, we can answer your questions and explain how to defend your rights after being detained for DUI.
