Getting charged with driving under the influence (DUI) for the first time is a big deal. How you deal with your charge has long-lasting implications. Get legal help right away. Partner with an Irvine first offense DUI lawyer who will fight back against your charge on your behalf.
Select a Los Angeles DUI lawyer who has years of experience as your legal representative. Your attorney commits significant time and resources to your case. They work diligently to help you keep your freedom. Speak to an Irvine DUI lawyer today.
Why You Need Legal Representation for a First Offense DUI
You have no idea how to respond to a driving under the influence charge. Do nothing, and you will be punished to the fullest extent of the law. Or hire an Irvine first offense DUI attorney, and you are well-equipped to contest your charge.
Having an attorney on your side helps you dispute the prosecution’s case. Your lawyer advocates for you and protects your legal rights and best interests. They consider many DUI strategies as they search for ways to get the charge against you reduced or dismissed.
Consult with a Los Angeles DUI lawyer as soon as you can following your arrest for driving under the influence. Your attorney discusses DUI plea bargains and other legal topics with you. They explain what penalties you could face if you are convicted of a DUI.
Irvine First Offense DUI Penalties That You Need to Know About
Give your driving under the influence charge the attention it deserves. Otherwise, you will get convicted and have to deal with the punishments associated with your offense. A first offense DUI lawyer serving Irvine teaches you about these punishments, which could include:
Jail Time
If convicted of a misdemeanor DUI, you could have to spend up to six months in jail. For a felony conviction, you could receive a prison sentence of 16 months or longer. Ideally, your attorney builds a case that helps you avoid jail time for a DUI.
Fines
The fines for a first-time DUI typically range anywhere from $390 to $1,000. On top of these, you could face penalty assessments and fees. In total, what you wind up paying in fines could total thousands of dollars.
Probation
Generally, you are subject to three to five years of informal probation for a first-time DUI conviction. Your lawyer can provide insights into formal vs. informal probation in California.
Formal probation is more restrictive than informal. Regardless, with informal probation, you must comply with all terms. If you do not, you could have to serve time in jail.
DUI School
The court could order you to complete an AB541 class, a three-month, 30-hour alcohol or drug awareness program. State-licensed driving under the influence programs are designed to keep first-time offenders from getting arrested for a DUI down the line. They give participants opportunities to cope with problems relating to their use of alcohol or drugs.
Driver’s License Suspension
For most first-time DUI offenders, the California Department of Motor Vehicles (DMV) requires a driver’s license suspension of four months.
A first offense DUI attorney serving Irvine answers your questions about first-time driver’s license suspensions. They can help you request a DMV hearing to appeal the suspension of your driver’s license within 10 days of your arrest.
Installation of an Interlock Ignition Device (IID) in Your Car
You could be required to put an IID in your car for six months. To operate your car, you will have to breathe into the device. If your IID detects alcohol on your breath, it can keep your vehicle from starting.
Community Service
Ultimately, a DUI conviction can lead to mandatory community service. Alternatively, your lawyer could argue that you are a first-time offender and should be ordered to complete community service in lieu of jail time.
If you think the court will go easy on you, think again. It pays to have a first DUI lawyer at your disposal during your legal proceedings. Your lawyer gathers evidence and prepares an argument that could make it tough for the court to convict you.
Possible Legal Defenses for a First Offense DUI
Just because you tell the court that you do not deserve to be punished does not mean that you will achieve your desired case outcome. Your attorney accounts for the facts of your arrest as they determine how to argue against the prosecution. They could use any of the following legal strategies to convince the court to rule in your favor:
Questioning Why the Police Chose to Stop Your Car
The prosecution must show there is probable cause for your California DUI case. If the police pulled your car over for no apparent reason, your lawyer can raise reasonable doubt about your arrest. This doubt could prompt the court to question why you were arrested and lead to a non-guilty verdict.
Challenging Your Test Results
A breathalyzer or blood test can be administered incorrectly and make your blood alcohol concentration (BAC) appear to be above the legal limit of 0.08% for drivers 21 and older.
An Irvine first DUI attorney could prove that a test was not calibrated properly or that other factors contributed to inaccurate results.
Arguing That You Were Not Actually Driving
You could fall asleep in the driver’s seat of your car and be arrested for driving under the influence. In this situation, you were not operating the vehicle. Your lawyer could utilize a “no-driving” defense in your California DUI case. This defense is often successful in a case where someone is sitting in a parked car while intoxicated and gets charged with a DUI.
In the same way your lawyer maps out your legal strategy, the prosecution crafts an argument designed to show the court that a conviction is warranted. Your attorney accounts for the prosecutor’s case. When your trial gets underway, they are ready to disprove the prosecution’s argument.
Is a First-Time DUI Offense a Felony or a Misdemeanor?
A DUI is a wobbler. When you are charged for driving under the influence for the first time, you could receive a felony or misdemeanor. Your lawyer describes the differences between both types of charges and how the court treats them.
The court views driving under the influence as a felony if an offense results in an injury or death. If you are convicted of a felony DUI, you could receive penalties that are much harsher than those of a misdemeanor.
A misdemeanor DUI conviction is less severe than being convicted of felony driving under the influence. Of course, every DUI is a serious offense.
Work with a first DUI lawyer serving Irvine if you have been charged with a DUI. From here, your attorney pursues many legal avenues to help you defend against a conviction that could impact you for a long time.
Consequences of a First-Time DUI Conviction
A first DUI attorney serving Irvine wants you to understand all that a driving under the influence conviction entails. They share details about criminal penalties that come with a conviction. Along with this, they discuss the long-term consequences of a conviction that extend beyond the legal system, such as:
Employment Issues
A misdemeanor DUI will show up on a background check. Employers can see a DUI conviction if they conduct a background check. If you want to advance your career or start a new one, a conviction can make it difficult to do so.
Travel Restrictions
Canada, Mexico, and other countries require background checks before they permit U.S. citizens to enter. Since a DUI conviction will appear on these checks, you may be limited in where you are allowed to travel internationally.
Limited Access to Housing
The fines and legal fees associated with a DUI can strain your finances to the point where it is a challenge to pursue housing. In addition, after you serve a jail sentence due to a driving under the influence conviction, you may not have enough money available to meet a lender’s requirements for buying a home.
Social Stigma
A DUI conviction can damage your relationships with family members and friends. The important people in your life could view and treat you differently than they did in the past due to your conviction. Some may choose not to maintain relationships with you.
These consequences can impact you socially, psychologically, emotionally, and financially. Fortunately, you do not have to face a DUI charge alone. A DUI attorney prioritizes your case. They handle your legal matters and put you in a great position to defend against a conviction.
What Irvine First Offense DUI Lawyers Offer
Identify a DUI lawyer who is dedicated to their clientele. Your attorney will guide you through the legal process and help you make informed decisions at each stage. They offer legal services and support across many areas, including:
Federal and State DUI Laws
Your lawyer understands the differences between federal and California DUI laws. They evaluate your driving under the influence charge and the laws and penalties related to it. Your attorney can find out if your legal rights were violated at the time of your arrest and, if so, how to prove this in court.
Strategic Planning
The legal process can be overwhelming, and your lawyer plans accordingly. Your attorney looks at evidence you can use. At the same time, they search for weaknesses in the prosecution’s argument. As a result, when you go to court, your lawyer can present a compelling argument.
Hearings
Presenting your case to a judge can be stressful. Your lawyer gets you ready for hearings. They provide insights into what occurs at hearings. During court proceedings, your attorney shares proof, questions witnesses, and argues as to why you should not be convicted.
Plea Deal Negotiations
You are unsure about how a plea bargain works in a DUI case and if you are eligible to get one. Depending on your case’s circumstances, your attorney could negotiate a plea deal.
If the prosecutor offers a plea agreement, you can review it with your attorney. Together, you and your lawyer can weigh the agreement’s pros and cons.
Throughout your case proceedings, your lawyer remains accessible. They encourage you to share your legal concerns and communicate and collaborate with them. This helps you and your attorney stay on the same page as your case moves forward.
Tips to Help You with Your DUI Case
Give yourself grace during your case. Seek professional counseling or enroll in an alcohol or drug treatment program if you feel it could benefit you during this emotionally draining time in your life.
Speak to your lawyer regularly. They want you to feel confident about your case and can assist you with your legal matters while you take care of yourself.
Collect witness statements and other proof to support your case. It is not enough to tell the court that you should not be convicted. Your body of evidence can make it clear to the court that the prosecution’s argument is invalid and that the case against you should be dropped.
Prepare for and attend DUI hearings. Your lawyer makes sure you know what to expect when you go to court. If you do not attend a hearing, the court could issue a bench warrant for your arrest, and you could face additional penalties.
Talk to Irvine First Offense DUI Attorneys About Your Case
Make the first time you get charged with driving under the influence the only time this happens. Find a DUI lawyer to represent you within days of your arrest.
Your attorney is familiar with the legal system and how DUI offenders are treated. They develop an argument that could prompt the court to throw out the case against you.
Let a Los Angeles DUI lawyer evaluate your driving under the influence case. Trust a DUI attorney who has helped thousands of clients. Your lawyer could negotiate a light sentence for you or help you walk away free. Request a consultation with a DUI lawyer today.
