Being arrested for a first DUI in California can be frightening, especially when you do not know what to expect. A DUI arrest can affect your driver’s license, finances, employment, and freedom. However, an arrest is not the same as a conviction, and several defenses may be available depending on the circumstances.
California’s DUI Laws
Under California Vehicle Code Section 23152, it is unlawful to drive while under the influence of alcohol or drugs. For most drivers age 21 or older, it is also illegal to drive with a blood alcohol concentration of 0.08% or higher.
Prosecutors commonly file two charges in an alcohol-related case: driving under the influence and driving with a BAC of 0.08% or more. A person may face a DUI charge even when the chemical test result is below 0.08% if the prosecution claims the person was impaired.
You Have Only 10 Days to Address Your License
A first DUI arrest typically creates two separate proceedings: a criminal case in court and an administrative action involving the California DMV.
After an arrest, the officer may confiscate your license and issue a temporary license valid for 30 days. You generally have only 10 days from the arrest date to request a DMV hearing and challenge the proposed suspension. Missing that deadline can result in losing the opportunity to contest the administrative action. California DMV
For a first arrest involving a chemical test result of 0.08% or higher, the administrative suspension is generally four months. A first chemical-test refusal can result in a one-year suspension. DMV proceedings are independent of the criminal case, so winning one does not automatically resolve the other.
Possible First-DUI Penalties
A first DUI without an injury is usually prosecuted as a misdemeanor. Depending on the facts and how the case is resolved, potential consequences may include:
Jail time or an alternative sentencing program
A base fine of $390 to $1,000, plus substantial assessments and fees
DUI probation
A three-, six-, or nine-month alcohol education program
Driver’s-license suspension or restriction
Installation of an ignition interlock device
Proof of financial responsibility, commonly called an SR-22
Increased insurance costs
Certain allegations can make the case more serious, including excessive speed, a high BAC, refusing chemical testing, having a child in the vehicle, or causing an accident or injury. A DUI conviction generally remains on a California driving record for 10 years and can increase the penalties for a later offense.
Can a First DUI Be Reduced or Dismissed?
A first DUI charge is not automatically proven simply because an arrest occurred or a chemical test produced a result. A defense attorney may examine whether the traffic stop was lawful, whether field sobriety tests were administered properly, and whether breath or blood evidence was collected, maintained, and tested correctly.
Other issues may involve rising blood alcohol, medical conditions, instrument calibration, contaminated samples, or a failure to follow required procedures. In some cases, the charge may be reduced to reckless driving involving alcohol—often called a “wet reckless”, or dismissed when the evidence is insufficient.
Speak With a California DUI Defense Lawyer
The decisions made immediately after a first DUI arrest can have lasting consequences. Because the DMV deadline arrives quickly, it is important to speak with an experienced California DUI defense lawyer as soon as possible. An attorney can request the DMV hearing, review the prosecution’s evidence, identify potential defenses, and pursue the best available resolution.
This article provides general information and is not legal advice. DUI consequences depend on the facts of the case, the county, and the person’s record.