If you have been charged with a DUI in Santa Monica, you could face serious consequences, even if it is your first offense. Fines, jail time, and license suspension are all on the table, not to mention the impact your arrest will have on your personal and professional lives.
Don’t take on the system by yourself. Reach out to a Santa Monica first offense DUI lawyer.
Through Los Angeles DUI Lawyer, thousands of people have found the legal help they need when facing DUI charges. Call now, and we can connect you with a Santa Monica DUI lawyer.
How a Lawyer Can Help With Your DUI Charge
After a DUI arrest, you might feel like your fate is sealed. The government has the evidence it needs to convict you, and your court proceedings are only a formality. It’s important to remember that you have rights and possibly options you haven’t considered.
A Santa Monica first offense DUI attorney understands the law and can seek ways to get you through this with as little hardship as possible. Some things they may do could include:
Review and Challenge the Traffic Stop
A DUI attorney will analyze whether the police had legal justification to pull you over. If the stop lacked probable cause, any evidence gathered afterward may be ruled inadmissible, weakening the prosecution’s case.
Challenge Breath or Blood Test Results
Your attorney can investigate whether the chemical tests were properly administered and whether the equipment was calibrated correctly. Improper procedures can cause inaccurate results, potentially allowing your lawyer to suppress the evidence in court.
Negotiate for Reduced Charges
In certain cases, your attorney can negotiate with the prosecutor for a wet reckless plea bargain, a lesser DUI charge under California law, or other charges that carry fewer penalties.
Avoid or Reduce Jail Time
Your lawyer may help you avoid jail entirely by negotiating for alternatives like community service, electronic monitoring, or probation. They’ll argue for your eligibility based on your clean record, personal circumstances, and the non-violent nature of the offense.
Protect Your Driver’s License
A DUI triggers a separate DMV process that can suspend your license even before your court case ends. A first offense DUI lawyer in Santa Monica can represent you at the DMV hearing and work to prevent or delay the administrative license suspension.
Handle Court Filings and Appearances
A DUI case involves strict deadlines and complex legal filings. Your attorney ensures all paperwork is filed correctly and on time, and they appear in court for you when possible, reducing your stress and risk of procedural mistakes.
First-Offense DUI Penalties in California
A first-time DUI in California is typically charged as a misdemeanor, but the penalties can still be significant. Here’s what you can potentially expect if convicted:
- Fines of $390 to $1,000, often up to $2,000 with mandatory court assessments and fees
- Up to six months in county jail
- Three to five years of probation
- DMV penalties for driving under the influence include a four-month driver’s license suspension
- The criminal court may impose an additional six-month license suspension.
- Installation of an Ignition Interlock Device
- Mandatory DUI school
Aggravating Factors for a First Offense DUI
Aggravating circumstances for a first-offense DUI in California are factors that can increase the severity of penalties, even if it’s your first time being charged. These circumstances may lead to harsher sentencing or even felony charges in some cases.
- A BAC of 0.15% or higher can trigger enhanced penalties under CA Vehicle Code 23578.
- Refusing a post-arrest breath or blood test violates implied consent laws and can lead to a one-year license suspension and harsher penalties in court.
- Driving under the influence with a child under 14 in the car may add jail time and lead to separate child endangerment charges.
- Speeding or reckless driving under the influence can trigger mandatory jail time under CA Vehicle Code 23582.
- A DUI involving an accident, especially one causing injury, can potentially result in felony DUI charges.
Mitigating Circumstances for a First DUI
Mitigating circumstances for a first-offense DUI in California are factors that may reduce the severity of your penalties. While they don’t excuse the DUI, they can help your lawyer negotiate for a lighter sentence.
For example, if your BAC was just above the legal limit, the court may view your offense as less serious, leading to lighter penalties. A clean criminal and driving history often leads to more lenient sentencing, such as reduced fines, no jail time, or informal probation.
Simple things like cooperating with law enforcement or enrolling in substance abuse treatment before your court date show accountability and may help reduce or avoid jail time. Your attorney will use these factors to push for lighter sentencing for a first offense DUI.
Get Help From a Santa Monica First Offense DUI Attorney
If you make smart choices and maybe have a little luck, you might be able to move past your first-offense DUI without serving time and with minimal disruption to your life. Working with a good Santa Monica first offense DUI attorney is an important part of that equation.
Contact Los Angeles DUI Lawyer today to get the assistance you need. We can connect you with an attorney who understands DUI laws in California and will work for the best possible solution to your legal issues.
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