Were you arrested for driving under the influence (DUI)? If so, you are likely facing serious legal consequences, even if this is your first offense. California’s DUI laws are strict, and the penalties for a charge like this can be severe, but you are not alone.
With a Glendale first offense DUI lawyer by your side, you’ll have someone who is actively trying to minimize your penalties and guide you through the legal process. Let us help you connect with a Glendale DUI lawyer who can give you a chance at a more favorable outcome.
At Los Angeles DUI Lawyer, we have decades of experience helping thousands of clients meet attorneys who can help them fight their charges. We’re here for you.
Penalties for a First Offense DUI in Glendale, California
The penalties for a first offense DUI in California will vary depending on the specifics of the case. Your BAC at the time of arrest, whether or not you have a prior criminal record, and the presence of aggravating factors can impact the severity of your consequences.
Here are some of the more common penalties for a first offense DUI.
License Suspension
A first offense DUI typically results in the suspension of your driver’s license for at least four months. You will be required to notify the California Department of Motor Vehicles (DMV) of your charges, though you might be able to apply for a restricted license.
To be eligible for a restricted license, you must install an Ignition Interlock Device (IID) in your vehicle. This device will prevent your car from starting if alcohol is detected on your breath.
However, you only have 10 days from the date of your arrest to request a DMV hearing to challenge the suspension. If you fail to request a hearing, your license will be automatically suspended, so you must act quickly.
Fines
A first offense DUI conviction can result in fines ranging from $390 to $1,000 or more. This does not include additional fees that could be imposed in your case, such as the costs of court, DUI programs, or the installation of your IID installation.
DUI Education Program
As part of a first offense DUI conviction, you will likely be required to complete a three-month DUI education program. This program is designed to educate individuals about the dangers of impaired driving, and it can involve both classroom education and counseling sessions.
The length of the program may vary based on your BAC and other factors. Failure to complete the program can result in further penalties, including an extended license suspension or possible jail time.
Jail Time
In many cases, jail time is not mandatory for a first offense DUI in California. However, if your case involves aggravating factors—such as excessive speeding, reckless driving, or causing an accident—the judge may impose a short jail sentence of approximately six months.
In many cases, jail time can be avoided with the help of a Glendale first offense DUI attorney. Your lawyer will be able to negotiate alternative sentencing options on your behalf, such as home detention, community service, or probation.
Probation
Probation is typically a period of three to five years for a first offense DUI conviction. During this time, you must comply with all court-ordered requirements, including attending DUI education classes, paying fines, and avoiding any criminal violations.
Violating the terms of your probation can result in additional penalties, including jail time. When you retain legal counsel, your first offense DUI attorney in Glendale can advise you on the importance of adhering to all the stipulations of your probation.
Increased Insurance Costs
A DUI conviction can cause your auto insurance premiums to increase drastically. If your license is suspended, you may be required to obtain high-risk insurance. You might even need to file an SR-22 form, which proves that you are carrying the minimum required insurance.
Common Defenses to a First Offense DUI
If you have been arrested for a first offense DUI in Glendale, there are several defenses that Glendale first offense DUI attorneys can use to challenge the charges against you. While the circumstances of each case are different, let’s look at some common defenses.
Illegal Traffic Stop
In order for the police to pull you over, they must have a valid reason to do so. If the officer did not have probable cause or reasonable suspicion to stop you, then they may have violated your constitutional rights.
Inaccurate Breathalyzer or Blood Test
Breathalyzer and blood tests are commonly used to measure a driver’s BAC. However, these tests can be inaccurate if they are not administered or calibrated properly. Breathalyzer devices must be regularly maintained and calibrated as well.
If there is a failure to do so, the results of these tests can be challenged. Additionally, blood tests may be subject to contamination or improper handling. Your attorney could request an independent analysis of the test results to challenge the tests’ accuracy.
Medical Conditions or Medications
Certain medical conditions or medications can cause symptoms similar to intoxication—such as slurred speech or unsteady movements—which may lead to a false DUI arrest. For example, people with diabetes or acid reflux may exhibit signs that mimic intoxication.
Additionally, prescription medications can cause impairment, though not to the degree that would justify a DUI charge. If medical conditions or medications played a role in your arrest, your lawyer can use this as a defense to challenge your charges.
Lack of Evidence of Impairment
To convict you of a DUI, the prosecution must prove that you were impaired at the time of your arrest. If there is no evidence of impaired driving—whether that’s erratic driving behavior, poor coordination, or slurred speech—your lawyer may argue that there is insufficient evidence.
Improper Field Sobriety Tests
Police officers often administer field sobriety tests as part of a DUI investigation. However, these tests are subjective. They can also be affected by a number of different factors, including weather conditions, road surfaces, or medical issues.
If the officer administered the tests improperly—or if they did not take these factors into account—your lawyer might argue that the results of the field sobriety tests are not reliable.
Why You Should Reach Out to a First Offense DUI Lawyer in Glendale
Facing a DUI charge can be stressful, and the consequences of a conviction can feel overwhelming. However, with a first offense DUI lawyer in Glendale by your side, you can rest assured that professionals will advocate for your rights throughout the legal process.
Let’s take a look at what a lawyer can do for you in the face of a DUI charge.
Apply Legal Knowledge of DUI Laws
DUI laws in California are complicated, not to mention constantly changing. A lawyer with experience handling first offense DUI cases understands the nuances of these laws. They can help guide you through the legal process and ensure that your rights are protected.
Negotiate With the Prosecution
An attorney can negotiate with the prosecution in an effort to lower your charges or reduce your penalties. In some cases, your lawyer may be able to secure a plea agreement that results in reduced penalties or a lesser charge, such as wet reckless—which is a lesser charge than DUI.
This can help you avoid the more severe consequences of a DUI conviction, such as extended license suspension or jail time.
Build an Aggressive Defense on Your Behalf
Your lawyer will aggressively defend you against your charges by challenging the evidence, including breathalyzer or blood test results, field sobriety tests, and the circumstances of the arrest.
They will work to poke holes in the prosecution’s case and fight for a favorable outcome. Your lawyer can also answer any questions you may have about your charges, including, “Can a first offense DUI be dismissed?”
Minimize the Penalties You Face
Even if you are convicted of a DUI, Glendale first offense DUI lawyers can take measures to minimize the penalties that you have to face due to your charges. This could mean reducing jail time, limiting license suspension, or securing alternative sentencing options.
Can a First-Time DUI Go from a Misdemeanor to a Felony?
Yes—a first–time DUI can go from a misdemeanor to a felony. In the majority of legal cases, a first-time DUI in California is charged as a misdemeanor. However, certain aggravating factors can elevate the charge to a felony.
A very common reason for a felony DUI is when the incident results in serious injuries or death. If a driver operates a vehicle while intoxicated and causes bodily harm as a result, prosecutors can pursue felony charges, resulting in much harsher penalties overall.
Another way a first-time DUI can become a felony is if the driver has prior felony convictions for driving under the influence. Even if it is your first misdemeanor offense, a felony DUI on your record might mean that your charge is automatically classified as a felony.
Can You Get a DUI Expunged from Your Record?
Yes—you can get a DUI expunged from your record if you meet certain legal requirements. A DUI conviction can be expunged if you successfully complete the terms of your probation and meet all of your court-ordered obligations:
- Pay your fines
- Attend DUI school
- Perform community service
Expungement allows you to withdraw your guilty plea or verdict, and your case will likely be dismissed. While this can make it easier for you to pass background checks for employment and housing purposes, an expungement does not completely erase the DUI from your record.
While it removes the conviction from many public background checks, certain groups of people will still be able to see your DUI. These groups often include law enforcement, court systems, and government agencies.
An expunged DUI can still be used as a prior offense if you are charged with another DUI in the future. This means that if you get another DUI within 10 years, it will still count as a second offense for sentencing purposes.
What Happens at a DUI Arraignment?
At a DUI arraignment, you will state how you’re choosing to plead. Essentially, this is your first formal court appearance after your arrest, and you will be informed of the charges against you at the time. From there, you will be given the opportunity to enter a plea.
In California, you’ll typically have three plea options:
- Guilty
- Not guilty
- No contest
If you plead guilty or no contest, your case will move directly to sentencing. However, if you plead not guilty, your case will proceed to pre-trial motions—and possibly a trial—instead.
During your arraignment, the judge may also address bail conditions and any potential license suspension related to your DUI. In many cases, a first-time DUI offender may be released on their own recognizance.
However, if there are aggravating factors—such as a high blood alcohol concentration (BAC) or an accident—the judge may impose stricter conditions, such as an ignition interlock device (IID) or alcohol monitoring. It all depends on the specific details pertaining to your case.
Do You Have to Appear in Court for Your DUI Case?
No—you do not have to appear in court for your DUI case if your attorney can appear on your behalf under California Penal Code § 977(a). If this is a possibility in your case, you may be able to opt out of attending routine hearings.
However, if the judge specifically requires your presence, you will need to appear. Furthermore, if your misdemeanor DUI is elevated to a felony charge, you must attend all court proceedings, including arraignment, pre-trial motions, and sentencing.
Missing a required court date can result in a bench warrant for your arrest, additional fines, and increased penalties for the underlying DUI charge. The court sees failure to appear as a sign of non-compliance, which can negatively impact your case all around.
Can I Refuse a Breathalyzer or Blood Test?
Yes—you can refuse a breathalyzer or blood test, though you may face consequences as a result of your refusal. Whether or not you can refuse these tests depends on the situation. Let’s say you are stopped before an arrest, and you want to refuse a preliminary breath test (PBT).
At this point, you can legally refuse a PBT without facing any immediate consequences unless you are under 21 years old or currently on DUI probation. However, once you are arrested, you are expected to submit to a chemical test according to California’s implied consent law.
If you refuse to take the test after you’ve been arrested, your license will likely be automatically suspended. Prosecutors can also use your refusal as evidence of guilt in court by arguing that you refused to take the test because you knew you were intoxicated.
Contact Us Today to Connect With a Glendale First Offense DUI Law Firm
If you have been arrested for driving under the influence, you should meet with a first offense DUI attorney in Glendale as soon as possible. When you contact Los Angeles DUI Lawyer, we can connect you with lawyers who have experience handling cases of this kind.
The sooner you schedule a consultation with an attorney, the sooner your legal counsel can start building a defense on your behalf. Call us today so that we can help you find legal resources that will allow you to take the first step toward protecting your rights.
