What Are the Consequences of a First-Time DUI Offense in California?

California takes driver safety seriously. Therefore, the law does not go easy on DUI offenders, even if they are facing their first DUI charge.

Although a first offense for DUI in California is generally a misdemeanor, punishments range from three to five years of probation to $390 to $1,000 in fines, plus other penalty assessments.

A sentence can also include:

• DUI school.
• A four-month driver’s license suspension.
• The installation of an interlock device in the sentencing.

You can face even more consequences of a first DUI in California if you don’t hire a California DUI defense lawyer immediately.

Schedule A Free Consultation!

One Mistake with Far-Reaching Consequences

Maybe you have a similar story - after one too many drinks, you got behind the wheel, and now you're facing your first DUI charge. You are starting to feel a little panicky as the reality of the situation starts to sink in.

You might be asking:

What happens next? How much is this going to cost? Will I lose my driver’s license or driving privileges?

Your answer lies in a great legal defense. The road ahead will not be easy, but with the right legal help, you can overcome this unpleasant event and move forward more positively.

Understanding DUI Penalties in California

If the police have pulled you over for DUI, you probably have already undergone a field sobriety test or received a breathalyzer or blood test. In California, .08 percent or higher is the legal percentage used for impairment.

If the state charges you, you may face administrative and criminal penalties. On the administrative side, the DMV may suspend your license for four months.

However, you can request an administrative hearing to challenge the suspension within ten days of your DUI arrest.

On the criminal side, you are likely facing fines, DUI classes, probation, and possibly jail time for a first offense.

Also, if you get charged with another DUI within ten years, you are subject to a license suspension that lasts a year.

Requesting a Hearing For a Notice of License Suspension

Scheduling a hearing allows you to have your case reviewed impartially for the action taken against you. As noted, you must typically request a hearing within ten days of receiving notice or 14 days from the date of the notice if you receive it in the mail. You’ll forfeit your rights to a hearing if you don’t respond in this period.

Telling Your Story to the DMV

An administrative DMV hearing allows you to tell your story or give testimony regarding the action taken by the DMV regarding your driving privileges. Remember that any actions the court takes are separate from those by the DMV.

Exercising Your Rights After Requesting a Hearing

During the DMV hearing, you can exercise the following rights. Therefore, you have the right to:

• Have a lawyer’s representation or another representative at your expense.
• Review the evidence.
• Take the stand on your own behalf.
• Cross-examine an opposing witness.
• Subpoena other parties for documents
• Subpoena witnesses.
• Introduce evidence to support your claim.
• Receive a fair and complete consideration of the facts by an impartial party.
• File for a judicial appeal or departmental review for a negative decision.

Reviewing the Discovery Evidence

Your attorney will need to call the DMV or send a written request to review a copy of the evidence collected by the DMV within ten days before the hearing date.

Sometimes, the DMV will automatically send you the evidence for discovery.

If you forfeit your right to participate in a hearing, you also give up the right to review the discovery evidence used by the DMV to decide your DUI case.

Scheduling the Court Arraignment for Your DUI Case

Your first court date is your scheduled arraignment, where you’ll enter a plea. You may plead guilty or not guilty and/or request a DMV hearing immediately.

Before your arraignment date, hire an attorney experienced in DUI defense. They can review the evidence, check for improper procedures, and try to get the charges reduced or dismissed.

The Arrest and Booking Process

Once the police officer has pulled you over for DUI, the arrest process typically begins.

The Breathalyzer and Field Sobriety Test

The officer conducts a field sobriety test to check your coordination and motor skills. They use a Breathalyzer to measure your blood alcohol concentration (BAC) or to record the level of impairment.

While a breathalyzer quantitatively measures your BAC level, a field sobriety test is designed to test cognitive and physical dysfunction. The test proves to be helpful in cases where a defendant is under the influence of a drug other than alcohol.

FSTs test a driver’s coordination, mental cognizance, and balance. They are always performed roadside after a traffic stop for DUI. Some of the common assessments include the walk-and-turn (WAT), horizontal gaze nystagmus (HGN), and one-leg stand (OLS).

You are under no obligation to take the field sobriety test (FST), as an officer can still arrest you based on observation alone. However, you will be assessed an automatic penalty for refusing a breathalyzer or blood test.

Refusing to take a breathalyzer triggers an instant administrative suspension of your driver’s license in California. This will happen even if a court does not ultimately convict you of DUI. Therefore, it’s in your best interest to cooperate with the police.

California’s implied consent law, Vehicle Code 23612(a)(1) VC, requires that drivers submit to a breathalyzer or blood test if the police have lawfully arrested them for DUI.

Handcuffs and the Police Car Ride

After the police handcuff, search, and place you in the back of the police vehicle, your car is usually towed or impounded.

Booking at the Police Station

At the station, you, no doubt, remember the booking process. This is where the police take your personal information, photograph you, and fingerprint you. They can legally confiscate all your personal belongings. However, you have the right to make a phone call to contact someone to post bail.

The Holding Cell

After booking, you’re normally placed in a holding cell until someone posts bail or you see the magistrate judge the following morning for the arraignment. Getting through this part of the arrest takes patience, as you often have to wait four to six hours during this phase.

Getting arrested for DUI is a stressful and frightening experience. The most important thing to do is to stay calm and cooperative.

Politeness is key, as are a few words. Planning a legal defense should begin right away.

Hiring a DUI Defense Attorney

As noted, a DUI charge is not something to take lightly. Once the police release you from custody, you should make it a priority to hire an experienced DUI defense attorney if you haven’t done so already.

Do your research

Search online for DUI lawyers in your area with a proven track record of success in reducing or dropping DUI charges. You might consider calling a few top candidates for a free initial consultation to discuss your case's facts and get a better feel for how they communicate and how they can help.

• Ask about their experience handling DUIs, success rates, and fees. A skilled DUI attorney can often get your charges reduced or even dismissed, especially is no one is hurt in a misdemeanor DUI, so their experience is key.
• Discuss your options for pleading guilty, not guilty, or negotiating a plea deal. Your lawyer can evaluate the details of your arrest and determine the best defense strategy.
• Don’t just go with the cheapest option. While fees are important to consider, a DUI conviction can have serious, long-term consequences, so choose a lawyer with a strong reputation and track record of success.

Act quickly

The sooner you hire an attorney, the more time they have to investigate the details of your case and build your defense. Officers’ memories start to fade over time, witnesses become harder to locate, and video or audio evidence can go missing after a while.

• Have your attorney request a copy of the police report, breathalyzer results, and any video footage as soon as possible.
• Ask about filing motions to potentially suppress evidence or dismiss the charges if there were any improprieties with how the police affected the arrest. The earlier your lawyer files these motions, the better.

A skilled DUI defense lawyer is your best chance for overcoming a DUI charge. Take action fast; research and find an experienced attorney who will fight for you in the courtroom if needed. The outcome of your case depends on it.

Fighting Your DUI Charge in Court: Reviewing the Steps to Take - In Order

Let’s go over the steps to take, more in-depth, to make sure you cover all your bases.

Request a DMV Hearing

As mentioned, within ten days of your arrest, ask for a hearing with the DMV to contest the suspension of your driver's license. If you don't act quickly, the DMV can suspend your license for a year.

At the hearing, you can present evidence that shows you were not impaired. You can bring witnesses, experts, and documentation to support your case. If the DMV decides in your favor, it will overturn your license suspension.

Hire an Attorney

Don't go it alone in court. Find an attorney who specializes in DUI defense cases. They can review the details of your arrest, look for any procedural errors or lack of probable cause, and build the strongest defense strategy possible. As noted, your lawyer can get your DUI charges reduced or even dismissed before trial.

Challenge the Evidence

Carefully examine and explore all the evidence against you. Review the breathalyzer or blood test results, officer observations, and dash cam footage.

Look for any mistakes in how the police administered the tests or gathered and stored the evidence. If the police did not follow proper procedures, a court may throw out some or all of the evidence. You can also independently re-test any blood or urine samples to check for inconsistent results. If your arrest happened at a sobriety stop, your attorney will examine whether the checkpoint followed legal standards, as not all DUI checkpoints are legal in California. Officers must adhere to strict guidelines, or the stop—and anything that followed—could be challenged.

Question the Officer

Your attorney will cross-examine the arresting officer to challenge their testimony at trial. They will look for inconsistencies in the officer's statements or observations that don't conclusively prove you were impaired. The goal is to raise a reasonable doubt about the officer's assessment of your sobriety and weaken the prosecution's case.

With a knowledgeable DUI attorney and a strong defense, you have a fighting chance to avoid conviction or, at least, reduce penalties like a license suspension, fines, and jail time. Staying determined and standing up for your rights in court can make a big difference in the outcome.

Consequences of a First-Time DUI Conviction: A More In-depth Look and Review

A first DUI conviction in California comes with life-changing consequences. Prepare to face legal penalties, increased insurance rates, and a damaged driving record and history.

California DUI Penalties

Once more, you'll face fines, DUI classes, license suspension, and possible jail time. The average first-offense fine is $390 to $1000 in San Bernardino County. You'll be required to take a DUI education class for several months. And your license may be suspended for four months to a year.

Some offenders spend time in jail. That’s why your choice of an attorney is important. They can achieve the best possible results, considering your situation. This is especially true in underage cases, where the penalties for minors convicted of DUI can be severe—even for a first offense. License suspension, fines, and mandatory programs often apply, regardless of whether the minor's BAC was below the adult legal limit.

SR-22 Insurance

For three years after your DUI, you'll need to get an SR-22 insurance certificate, which will increase your insurance rates. In fact, rates may increase from 50 percent to 100 percent due to your DUI.

The certificate shows you have state-mandated liability insurance protection.

Insurance companies must electronically record driver coverage to the DMV. If the DMV does not receive proof of insurance, it will suspend the driver's registration, and they will be unable to drive or park on a public road until they can fulfill this requirement.

Ignition Interlock Device

You'll normally have an ignition interlock device (IID) installed in your vehicle for 6 to 12 months to test your blood alcohol level before driving. Payment for installation and monthly fees range from $50 to $200.

Driving Record

Your DUI stays on your driving record for ten years, and insurance companies will see it for 3 to 5 years. This makes you a high-risk driver, so switching insurance carriers may save you money. The clock begins on the arrest date - not the date a court convicts you.

Alternative Programs

You may qualify for alternative programs to reduce penalties, like diversion, where a court will drop the charges after completing a treatment program. Or a wet reckless plea, where a court reduces a DUI charge to reckless driving. However, these pleas still raise insurance rates and stay on your record.

Needless to say, a DUI is a serious offense, whether or not it’s your first, second, or third offense. This is your chance to commit to safe driving practices. Doing so can prevent any further repercussions legally and financially.

Frequently Asked Questions About the Consequences of a First-Time DUI Offense in California

1. What are the consequences of a first DUI in California?

A first offense DUI in California comes with misdemeanor charges and penalties such as fines ranging from $390 to $1,000, DUI school, a four-month driver's license suspension, and potentially the installation of an ignition interlock device. Depending on circumstances, you might also face informal misdemeanor probation, community service, or jail time.

2. Will I go to jail for a first-time DUI conviction?

Jail time for a first-time DUI offense varies depending on the circumstances. While some offenders face no jail time, others might be sentenced to anywhere from 48 hours to six months in county jail. Aggravating factors, like a high blood alcohol content (BAC) or an accident during the offense, could result in harsher penalties.

3. What is DUI probation for a first offense?

Most first-time DUI offenders receive informal probation for three to five years. This summary probation requires compliance with court-ordered conditions, such as attending DUI education programs, avoiding further law violations, and not driving under the influence.

4. Can I drive after a first DUI arrest in California?

After your DUI arrest, the California DMV may issue a temporary license for 30 days. However, your driver's license may face suspension unless you request a DMV hearing within 10 days to contest the suspension. If successful, you may retain your driving privileges. Otherwise, you could apply for a restricted license to drive to work or school.

5. What is a DMV hearing, and why is it important?

A DMV hearing allows you to contest the administrative suspension of your license after a DUI arrest. During the hearing, you can present evidence, challenge the breath or blood test results, and cross-examine witnesses. Failing to request a DMV hearing within the allotted time will result in an automatic suspension of your license.

6. Do I have to install an ignition interlock device after a first DUI offense?

Most first-time DUI offenders in California are required to install an ignition interlock device for a period of up to six months. This device prevents your car from starting if alcohol is detected in your breath. The offender is responsible for the installation and maintenance costs.

7. How does a DUI affect my driving record?

A DUI conviction stays on your driving record for 10 years in California. This record can affect your ability to get affordable auto insurance, as insurers see you as a high-risk driver. A DUI may also result in significant rate increases or the need to obtain an SR-22 certificate for proof of insurance.

8. Can I have a first DUI conviction expunged?

Under certain conditions, you may be eligible to have your DUI conviction expunged after completing your probation. Your DUI will still appear on your driving record but will no longer appear as a criminal conviction when background checks are conducted.

9. What penalties might increase due to aggravating factors?

Aggravating factors like excessive speeding, a very high BAC, children in the vehicle, or causing injury can lead to harsher penalties. These could include longer license suspensions, increased fines, extended probation, or a sentence in county jail.

10. Is it possible to reduce DUI charges to reckless driving?

With an experienced DUI attorney, your charges might be reduced to "wet reckless" driving under California law. While this avoids some DUI penalties, it is still considered a prior DUI if you are charged again within 10 years, and it can impact your insurance rates.

11. Will having prior DUI convictions affect my penalties?

Yes, prior DUI convictions within the past 10 years result in harsher penalties for subsequent offenses. Past offenses will lead to longer license suspension, higher fines, mandatory DUI treatment programs, and potentially felony DUI charges.

12. Can I refuse a chemical test during a DUI stop?

Refusing a breath or blood test after a lawful DUI arrest in California violates the state’s implied consent law. This results in automatic administrative license suspension and additional DUI penalties, even if you are not convicted of driving under the influence.

13. What happens to commercial drivers after a DUI arrest?

A DUI conviction will result in a one-year suspension of a commercial driver’s license (CDL), even for a first offense. Commercial drivers with a BAC of 0.04% or higher are subject to these penalties under California vehicle code.

14. How does a first DUI conviction impact insurance?

After a DUI conviction, you will need to file an SR-22 to prove financial responsibility, which significantly increases your insurance premiums. Rates could rise by 50% to 100%, depending on your insurer and driving history.

15. How can hiring a DUI attorney help my case?

A skilled DUI attorney understands California DUI law and can examine the evidence against you, including field sobriety test results, police officer reports, and chemical test procedures. They can negotiate for reduced charges, challenge improper evidence, or even get your DUI charge dismissed in criminal court.

16. What is the legal limit for blood alcohol concentration in California?

The legal BAC limit is 0.08% for drivers over 21, 0.04% for commercial drivers, and 0.01% for drivers under 21. Exceeding these limits can result in a DUI charge.

17. What alternative sentencing options are available for first-time DUI offenders?

Some courts offer alternative programs for first-time DUI offenders, such as alcohol treatment programs, community service, or a wet reckless plea. Completing these programs can reduce penalties, but they still carry significant consequences for your driving privileges and record.

18. Are DUI penalties the same across all California counties?

While California DUI penalties are generally consistent, specific counties, such as San Bernardino County, may enforce their own programs or variations in how DUI cases are handled. It’s vital to consult a DUI defense attorney familiar with the local court system.

19. What happens if someone is injured during a DUI-related accident?

If a DUI offense causes injury, the charges may escalate to felony DUI under California Penal Code. Conviction includes severe criminal penalties such as prison time, higher fines, and restitution to victims.

20. How soon should I act after a DUI arrest?

Immediately after your DUI arrest, request a DMV hearing within 10 days and consult a DUI defense attorney. Acting quickly ensures better chances of contesting your license suspension, collecting evidence, and preparing a strong defense for your DUI case.

Talk to a California DUI Lawyer Now

Hire a Criminal, DUI, & License Defense attorney to move forward and regain driving rights quickly. Don’t face a DUI charge alone consult with legal counsel for the best strategy.

Schedule A Free Consultation Today!