Were you arrested for driving under the influence (DUI) for the first time? We understand that this can be a very stressful and overwhelming experience, but you’re not alone—we’re here to help.
At Los Angeles DUI Lawyer, we recognize that a DUI conviction can carry major consequences that often have a long-lasting impact on your life, even as a first-time offender. However, with us by your side, we can help you find a Santa Ana first offense DUI lawyer who can represent you.
Backed by decades of experience helping thousands of people, we make it easy to connect with lawyers who take on DUI cases like yours. The sooner you hire a Santa Ana DUI lawyer, the sooner your attorney can start working on your case.
California DUI Laws and Penalties for First-Time DUI Charges
In California, it is illegal for anyone to operate a vehicle while impaired by alcohol or drugs. For many drivers, the legal blood alcohol content (BAC) limit is 0.08%. However, different limits exist for certain drivers, such as people younger than 21 years old as well as commercial drivers.
When someone is arrested for DUI, their BAC is typically tested using a breathalyzer or blood test. If their BAC is found to be above the legal limit, that person is subject to penalties under state law, including fines, license suspension, and mandatory DUI education programs.
A first-time DUI offense in California is generally considered a misdemeanor. However, even though it is your first time being charged with DUI, this type of charge can still mean you’ll end up facing serious legal consequences.
- Fines: First-time offenders might have to pay fines ranging from $390 to $1,000 or more. This is often in addition to other administrative fees and DUI-related expenses.
- License suspension: A first DUI offense typically results in a six-month license suspension. However, it might be possible to apply for a restricted license that allows you to drive to and from work or other pre-approved places.
- DUI education program: First-time offenders are required to complete a DUI education program, which typically lasts somewhere between three and nine months. These programs are designed to educate people about the dangers of alcohol and drugs as well as the consequences of driving while impaired.
- Probation: A first offense DUI may result in three to five years of probation. During this period, you must comply with all court-ordered requirements, including community service and random drug or alcohol testing.
- Jail time: In some cases, first-time DUI offenders may be sentenced to up to six months in county jail. However, first-time offenders with no prior criminal history might not receive any jail time, especially if they comply with the other requirements of their sentence.
Potential Defenses That Santa Ana First Offense DUI Lawyers Can Apply to Your Case
Ultimately, a DUI conviction is not automatic, and your lawyer might be able to challenge the evidence presented by the prosecution in support of their claims against you. In fact, there are several defenses that your first offense DUI attorney in Santa Ana can apply to your case.
Here are examples of common defenses to a DUI charge:
- Improper traffic stop: If the officer did not have a valid reason to pull you over, the arrest could be deemed unlawful. One example of probable cause could be including reasonable suspicion of impaired driving. Ultimately, if the traffic stop was not conducted legally, any evidence that was gathered during the stop—including your BAC results—might be inadmissible in court.
- Inaccurate BAC test: Breathalyzers and other BAC testing devices are not always 100% accurate. A skilled DUI defense attorney can challenge the reliability of the test results, especially if the machine was not properly calibrated or maintained. Other factors, such as the individual’s medical conditions or the presence of certain chemicals in the breath, can also lead to inaccurate readings.
- Unlawful search or seizure: If the police officer conducted an unlawful search of your vehicle or violated your rights at any point during the arrest, your Santa Ana first offense DUI lawyers can argue that any evidence they obtained during the arrest could be excluded from the trial.
- Failure to read you your Miranda rights: If the officer did not inform you of your Miranda rights during the arrest, any statements that you made might not be admissible in court because they were offered without any knowledge of your legal rights.
- Rising BAC defense: Your BAC level may have been below the legal limit at the time of driving but increased after your arrest as the alcohol continued to be absorbed into your bloodstream. A first offense DUI attorney in Santa Ana with experience handling cases like yours can look into whether or not this defense applies to your case.
- Medical or physical conditions: Certain medical conditions or physical issues—such as acid reflux and diabetes—can produce false positive results on a breathalyzer test. If this happened, the tests could have yielded inaccurate outcomes.
Is Expungement Possible for a First DUI Offense?
Yes—expungement is possible for a first DUI offense, but the process of expunging cannot begin until you have completed all the terms of your sentence, including probation. Additionally, you must not have been convicted of any other crimes during your probation period.
However, people who are convicted of a first DUI offense might be eligible for expungement if these terms have been met. Expungement is essentially a legal process that removes a conviction from your criminal record.
This can be particularly beneficial for those who want to avoid the long-term consequences of a DUI conviction, such as difficulties finding employment or facing higher insurance premiums. If expungement has been granted in your case, your DUI conviction will be hidden from your criminal record.
How Can a Santa Ana First Offense DUI Law Firm Help Your Case?
A first offense DUI law firm in Santa Ana can help your case in a number of ways. Many lawyers will start by looking at the evidence against you, including police reports, breathalyzer results, and field sobriety procedures. They are searching for weaknesses in the prosecution’s case.
If law enforcement violated your rights—such as by conducting an unlawful traffic stop or failing to administer a chemical test properly—your attorney might be able to get certain evidence suppressed. This can lead to reduced charges or a full-on case dismissal.
Your legal counsel will apply various DUI strategies to your case with the goal of minimizing the penalties that you end up facing. Additionally, your lawyer may argue for alternative sentencing options such as probation, community service, or participation in a DUI diversion program.
How Long Will a First DUI Stay on Your Record in California?
A first DUI will stay on your criminal record indefinitely unless you are able to get it expunged. However, for the purposes of sentencing enhancements, a DUI will remain on your driving record for 10 years.
This means if you are arrested for another DUI within those 10 years, it will count as a second offense, and you’ll face even harsher penalties. A DUI conviction will also impact your car insurance rates because providers will consider you a high-risk driver for that duration.
In some cases, insurance companies may refuse to renew your policy or significantly increase your premiums altogether. Additionally, your first DUI conviction can affect background checks for employment, especially when applying to jobs that require you to operate a vehicle.
Is Jail Time Mandatory for a First DUI Conviction?
No—jail time is not mandatory for a first DUI conviction, but it is still possible. This penalty may be on the table in your case, though it all depends on the circumstances. California law states that a first DUI conviction carries a jail sentence of up to six months.
However, judges often opt for alternative sentencing options, such as probation, DUI school, or community service. If your DUI involved aggravating factors—such as a high BAC of 0.15% or greater or minor passengers in the car—the court is more likely to impose jail time.
That said, many first-time offenders can avoid incarceration by accepting probation and completing court-ordered programs instead. Your attorney can argue for alternative sentencing on your behalf. This may include home detention, work release, or electronic monitoring.
Can You Get a Restricted License After Your First DUI?
Yes—you can get a restricted license after your first DUI if your driver’s license is suspended. A restricted license will make it possible for you to drive to work, school, and DUI education programs.
To qualify, you must enroll in a DUI education program and install an ignition interlock device (IID) in your vehicle. California offers two types of restricted licenses:
- IID-restricted
- Work-restricted
The IID-restricted license allows you to drive anywhere as long as the IID is installed. Conversely, the work-restricted license limits your driving abilities to specific locations. Many first-time offenders opt for the IID option because it offers more freedom.
To apply for a restricted license, you may need to serve a brief suspension period, provide proof of SR-22 insurance, and pay a reinstatement fee.
What Happens if You Refuse a Breathalyzer Test After a DUI Arrest?
If you refuse a breathalyzer test after a DUI arrest, you will likely trigger certain automatic penalties under California’s implied consent law. A first-time refusal results in a one-year license suspension and enhanced penalties, including additional jail time or fines.
During a traffic stop, you have the right to decline a preliminary alcohol screening (PAS) test, but once you are arrested, you must submit to a chemical test. Refusing after arrest can weaken your case in court since prosecutors may argue that your refusal indicates guilt.
Do You Have to Attend a DUI Education Program for Your First Offense?
Yes—you usually have to attend a DUI education program for your first offense, and this penalty is often mandatory. The length of the program will depend on your BAC level at the time of your arrest.
For example, if your BAC was below 0.20%, you may be required to complete a three-month program consisting of 30 hours. Meanwhile, if your BAC was 0.20% or greater, you might be required to complete a nine-month program worth 60 hours in total.
DUI school typically costs between $500 and $1,800 if not more. Programs like these must be completed at a state-approved provider as well. Failure to enroll in or complete the program can result in probation violations and an extended license suspension.
Contact Us Today for More Information About How a First Offense DUI Lawyer in Santa Ana Can Help You
There’s no question that a DUI charge can leave you in the midst of serious consequences. This is often true for first-time offenders who have no prior criminal history. However, you don’t have to face the aftermath of your DUI charge all on your own—we’re here to help.
At Los Angeles DUI Lawyer, we have legal resources that can help you find a first offense DUI attorney in Santa Ana. With lawyers by your side, you’ll have someone walking you through the legal process and working to achieve a favorable outcome in your case. Call now.
