Were you charged with a DUI for the first time? Driving under the influence is a serious charge in the state of California, even if you’ve never done it before. However, try not to panic.
With a Lancaster first offense DUI lawyer by your side, you can rest assured that you’re not alone in this. That’s why we encourage you to contact Los Angeles DUI Lawyer as soon as possible. We have 19 years of experience connecting thousands of people just like you with attorneys who can help.
For many, a first DUI comes as a shock, but a Lancaster DUI lawyer can calm your nerves and give you confidence as you face the justice system.
California DUI Law and First-Time Offenders
California law outlines two primary types of DUI charges:
- Vehicle Code § 23152(a): This makes it illegal to operate a vehicle while under the influence of alcohol or drugs.
- Vehicle Code § 23152(b): This makes it illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
A first-offense DUI refers to someone with no prior DUI or “wet reckless” convictions within the past 10 years.
Even though it is considered a misdemeanor, it triggers both criminal proceedings and an administrative action by the California Department of Motor Vehicles (DMV).
While this may sound confusing, your Lancaster first offense DUI attorney can help you understand your charges and what they mean moving forward.
Arrest and Booking in Lancaster
If someone is suspected of driving under the influence, law enforcement may initiate a traffic stop based on one of two factors:
- Driving erratically
- Conducting a DUI checkpoint
During the stop, an officer may conduct field sobriety tests and use a preliminary alcohol screening (PAS) device. If the officer has probable cause, the driver will likely be arrested and transported to the local station for chemical testing.
California’s implied consent law under Vehicle Code § 23612 requires drivers to submit to a post-arrest breath or blood test. Refusing to do so can result in enhanced penalties and an automatic one-year license suspension, even for a first offense.
DMV Administrative Per Se (APS) Hearing
When someone is arrested for DUI in Lancaster, the DMV initiates an automatic administrative action to suspend the person’s driver’s license. This process is separate from the criminal court case, and it is governed by California’s Admin Per Se (APS) law.
The driver has 10 calendar days from the date of arrest to request a DMV hearing to contest the suspension. If no request is made, the DMV will automatically suspend the driver’s license 30 days after the arrest.
For a first offense, the administrative penalty typically includes:
- Four-month license suspension: This may be converted to a restricted license after a 30-day hard suspension.
- Eligibility for an Ignition Interlock Device (IID) restricted license: This allows you to drive to work, go to school, and attend DUI programs.
Failure to act within the 10-day window can lead to a default suspension, regardless of the outcome of the criminal case. The sooner you contact first offense DUI lawyers in Lancaster, the sooner your attorneys can take legal action on your behalf.
Penalties for a First-Time DUI Conviction in California
The penalties for a first DUI conviction are established by California law, and they are enforced across the state, including in Lancaster. While judges have some discretion, sentencing generally falls within the following statutory ranges:
- Fines and assessments: There is often a base fine of $390 to $1,000. However, after court fees and penalty assessments, total costs can exceed $2,000.
- Jail time: You could be facing up to six months in Los Angeles County Jail, though it’s not uncommon for jail to be suspended or replaced with alternative sentencing, such as community labor.
- Probation: An informal summary probation between three and five years is common in cases like these.
- DUI education program: A three-month alcohol education program is mandatory, though it may be extended to six or nine months if the BAC was high—meaning at or above 0.15%—at the time of the incident.
- License suspension: The court may impose a six-month suspension, which can run concurrently with the DMV’s APS suspension.
- Ignition Interlock Device (IID): For many first offenses, California now allows or requires installation of an IID for a minimum of six months to continue driving legally.
These penalties can increase significantly if any of these aggravating circumstances are present:
- BAC of 0.15% or higher
- Minor passenger in the vehicle
- An accident resulting in injury or property damage
- Refusal to submit to chemical testing
In such cases, the judge may impose enhanced penalties, including longer DUI programs, extended IID use, and mandatory jail time.
Contact Los Angeles DUI Lawyer Today to Learn More About What a First Offense DUI Law Firm in Lancaster Can Do for You
If you’ve recently been arrested for your first DUI, it’s normal to feel overwhelmed. You may have questions about the process unfolding in the justice system, upcoming court dates, your driver’s license, or what this all means for your future.
While the situation may feel overwhelmingly stressful, remember that you still have rights, and you’re not alone. Los Angeles DUI Lawyer is here to help you connect with lawyers who can make it easier for you to understand how California handles first-time DUI charges.
Your attorneys can give you the clarity and direction you need, so don’t wait to get informed. Instead, reach out to us today to connect with a Lancaster first offense DUI law firm that can represent you.
