A first-time driving under the influence (DUI) charge has the potential to impact you for a long time. Do not let this charge linger. Get legal help from a San Diego first offense DUI lawyer to start building a case to contest the charge against you.
Consult with a San Diego DUI lawyer who has years of experience. Your attorney learns about your charge and looks for ways to dispute the prosecution’s case. Contact Los Angeles DUI Lawyer to set up a free consultation with a DUI lawyer today.
What is a First Offense DUI?
You drive your car, and the police pull you over and arrest you for a DUI. This is the first time you have been charged with driving under the influence. Therefore, this represents a first offense DUI.
Just because you have not been charged or convicted of driving under the influence previously does not mean you can avoid punishment. A San Diego first offense DUI attorney will give your charge the attention it deserves. They can provide details about how a first offense DUI can be dismissed.
Partner with a DUI lawyer within days of being arrested for driving under the influence. Your attorney will fight to help you keep your freedom — and your driver’s license. Schedule a consultation with a Los Angeles DUI lawyer.
San Diego First Offense DUI Penalties
California treats driving under the influence seriously. The penalties you receive if you are convicted of a DUI vary based on the severity of your crime and other factors. These could include:
- Up to $1,000 in fines
- Up to six months in jail
- A six-month suspension of your driver’s license
- Up to nine months of DUI school
- Five years of informal probation
- Installation of an interlock ignition device (IID) in your car for six months
A first offense DUI lawyer serving San Diego explains what California DUI penalties to expect after a conviction. Ideally, they can help you defend against major penalties. They may prove to the court that the case against you should be dismissed.
Is a First Offense DUI a Felony or a Misdemeanor?
A first offense driving under the influence charge is typically treated as a misdemeanor. You can be charged with a felony if a minor was in your car when you were arrested or if you caused an injury or fatality. The consequences of a felony conviction are greater than those of a misdemeanor, and they can include:
- Up to three years in prison
- Up to $10,000 in fines
- Suspension of your driver’s license for a maximum of four years
A San Diego driving under the influence lawyer can explain how a DUI can be a wobbler, as you can be charged with a misdemeanor or felony for it. If you are charged with a misdemeanor or felony DUI, having an experienced lawyer on your side is key. Your attorney can craft an argument that could lead the court to lower or drop your charge.
What are the Differences Between First and Second Offense DUI Charges?
The penalties you face the second time you are charged with driving under the influence are more severe than those associated with a first offense. Second offense DUIs are punishable in accordance with CA Vehicle Code 23540. Penalties you receive if you are convicted of a DUI for a second time include:
- Up to $2,000 in fines
- A jail sentence of four days to one year
- Suspension of your driver’s license suspension for two years
- Up to 30 months of driving school
- Up to five years of summary probation
- Installation of an IID in your car for one year
A first offense DUI attorney serving San Diego could help you show the court that you should not be convicted. If they succeed, you can keep a DUI off of your criminal record. Plus, you can prevent a conviction from hampering your ability to buy a home, land your dream job, and enjoy your life to the fullest extent.
The Short- and Long-Term Impact of a San Diego First Offense DUI Conviction
In the short term, a conviction for driving under the influence may seem minor. You face the penalties associated with your charge and move past them. Yet, your conviction can have consequences that extend beyond those that the court imposes.
Family members and friends could view you differently if you are convicted of a DUI. Along with this, your conviction is likely to appear on a background check. Thus, it can restrict your access to housing, hurt your job prospects, and keep you from fulfilling your long-term goals.
A San Diego, CA, first offense DUI lawyer can answer your questions about the consequences of a driving under the influence conviction. Your attorney can provide insights into how a DUI can be used against you in a civil lawsuit and other ways. They can explain why you should do everything you can now to argue against the prosecution.
How to Fight Back Against a First Offense DUI
Hire a San Diego, CA, first offense DUI attorney right away. Tell your lawyer about your arrest, and you and your attorney can brainstorm ways to disprove the prosecution’s case. Your lawyer could suggest one or more DUI strategies, such as:
Raising Doubts About Your Preliminary Alcohol Screening (PAS) Test Results
Police officers say they arrested you for driving under the influence because you had a blood alcohol concentration (BAC) of 0.08% or higher. Regardless, the PAS test that these officers used is not foolproof.
Your lawyer can focus on discrediting the PAS breath test in your California DUI case and describe why its results could be inaccurate.
Questioning Whether Your Field Sobriety Test (FST) Was Administered Correctly
As part of an FST, the police could ask you to stand on one leg or walk in a narrow line. This can help the police determine if you are intoxicated. Your attorney can attack field sobriety tests as evidence in your DUI case — if your FST was not administered properly, the court could suppress the proof that police officers obtained from it.
Showing that You Did Not Understand the Ramifications of Refusing a PAS Test
Police officers tell you to take a PAS test but do not explain that you will be punished if you refuse. Your attorney knows how to defend against a breath test refusal charge in CA.
They could present evidence that makes it clear why you chose to decline the test but were unaware of the consequences of doing so, which could help you achieve your desired case result.
Proving You Were Not Driving Your Car at the Time You Were Charged
You fall asleep while you are seated in your car’s driver’s seat, and the police arrest you for driving under the influence. Based on this, your lawyer could argue that you were not actually driving at the time of your arrest. They can describe the no-driving defense in a California DUI case and why it could be beneficial to move forward with this legal strategy.
Explaining that You Never Received Your Miranda Warning
Legally, the police must read your Miranda rights between the time when they arrest you for driving under the influence and question you about the crime.
These rights are essential, as they explain that you have the option to remain silent. Depending on the circumstances of your arrest, your lawyer could pursue a Miranda rights defense in your CA DUI case.
If you think you are prepared to put together a DUI legal strategy on your own, think again. The prosecutor in your case will commit plenty of resources and time to convict you. Ask for legal help from a first offense DUI lawyer serving San Diego, CA, and your attorney can develop a compelling argument to combat your charge.
Tips to Help You with Your First Offense DUI Case
A first offense DUI attorney serving San Diego, CA understands the legal challenges you will face as you build your case. Your lawyer can address your legal concerns as your litigation progresses. They can provide legal tips to help avoid mistakes along the way, such as:
Attend Your Court Hearings
Expect the court to issue a warrant if you do not show up for a court hearing. On top of that, you could have additional penalties imposed against you.
Rather than deal with these issues, arrive on time for your court hearings, pay attention to what is happening, and let your lawyer advocate for you and represent your best interests during them.
Build a Body of Evidence
Look for ways to show the court that you should not be found guilty of driving under the influence. Your attorney can search for proof to support your argument. In the same way, your attorney will consider the prosecution’s case against you and how they can utilize proof to poke holes in their argument.
Take Care of Yourself
Give yourself grace as you go through the legal process. Reach out to family members and friends for support. It can be beneficial to find a support group or pursue counseling to help you manage the stress and anxiety that you may be experiencing at this difficult time in your life.
Do Not Share Information About Your Case Online
Set your online profiles to private, and be careful about what you post online during your litigation. The prosecution will look online for content about you that enhances their argument. When in doubt about whether to post something about your case on the internet, err on the side of caution and avoid doing so.
In addition to these things, keep the lines of communication open with your lawyer. If the prosecutor offers a DUI plea bargain, your attorney will share the proposal with you. At this time, you can decide whether to accept the plea deal or continue with your litigation.
What is a First Offense DUI Plea Deal?
Prosecutors can offer first offense DUI plea bargains to resolve cases outside of the courtroom. The prosecution could propose a plea deal if it has concerns about the strength of their case against you. In this scenario, you have the option to approve a plea agreement and accept lesser penalties than the ones initially proposed.
For example, you are arrested for driving under the influence. The prosecution believes they may have trouble getting a conviction. In this situation, they propose reducing your charge to reckless driving, which may allow you to receive a minimal fine in lieu of a six-month jail sentence.
Your lawyer can share details about the different types of plea deals and their respective pros and cons. Ultimately, you make the final decision on whether to accept a plea agreement. If a plea bargain falls short of what you want, you can decline it and keep working with your lawyer to get ready for your trial.
Talk to San Diego First Offense DUI Lawyers Who Understand What the Legal Process Entails
You have no idea about what will happen in the days after you are arrested for driving under the influence. If you feel overwhelmed, you risk doing nothing, which can result in a conviction. Choose a San Diego first-time offense DUI lawyer as your legal representation, and you are well-equipped to make a strong argument against the prosecution.
Find a Los Angeles DUI lawyer who has helped thousands of clients deal with the implications of driving under the influence charges. Your attorney can guide you through each stage of the legal process. Schedule a DUI case consultation.
