Huntington Beach First DUI Lawyer

What is Considered a DUI in California?

In California, a DUI charge is typically issued when a driver is found to be operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher. For commercial drivers, the legal BAC limit is reduced to 0.04%, and for drivers under the age of 21, a BAC of 0.01% can lead to a DUI charge under California’s “zero tolerance” law. However, drivers can also be charged with DUI even if their BAC is below these thresholds if they are visibly impaired or show signs of being under the influence of alcohol or drugs.

There are two primary types of DUI offenses in California:

• Alcohol-Related DUI: Involving impairment due to alcohol consumption, typically proven by breathalyzer, blood test, or field sobriety tests.
• Drug-Related DUI: Involving impairment from drugs, which could include illegal drugs, prescription medications, or even certain over-the-counter drugs that affect driving ability.

First-Time DUI Penalties

A first-time DUI offense in California carries several potential penalties, many of which can affect your freedom, finances, and ability to drive. Although penalties vary based on the circumstances, the following are the most common outcomes for a first DUI in California:

• Fines and Fees: The base fine for a first DUI offense typically ranges between $390 and $1,000. However, when court costs, penalty assessments, and additional fees are added, the total amount owed can increase significantly.
• License Suspension: For a first DUI, the California DMV may suspend your driver’s license for up to 6 months. However, it is often possible to obtain a restricted license for driving to work, school, or court-ordered programs after serving a suspension period and installing an Ignition Interlock Device (IID).
• Probation: First-time DUI offenders in California are usually placed on probation for a period of three to five years. During this time, you must comply with certain conditions, such as not driving with any measurable amount of alcohol in your system and avoiding further criminal offenses.
• DUI Education Programs: As part of your sentencing, you may be required to complete a DUI education program. These classes range from 3 to 9 months, depending on the specifics of your case and BAC level.
• Jail Time: Although jail time is less common for first-time DUI offenders, it is possible. A first offense can result in 48 hours to 6 months in jail. However, in many cases, an experienced DUI attorney can negotiate to have jail time reduced or converted to community service.
• Ignition Interlock Device (IID): California requires first-time DUI offenders to install an IID in their vehicle in certain cases. This device measures your BAC and prevents the vehicle from starting if alcohol is detected.

FAQs About First DUI in California

Will I Go to Jail for a First DUI?

While it is possible to receive jail time for a first DUI offense, jail sentences are often minimal and may be waived in favor of alternative sentencing, especially for first-time offenders. An experienced DUI lawyer may help negotiate for probation, community service, or other alternatives to jail time.

Can I Keep My Driver’s License After a DUI Arrest?

If you are arrested for a DUI in California, the arresting officer will confiscate your license, and you will be issued a temporary one. You have only 10 days from the arrest date to request a DMV hearing to challenge the suspension. Our attorneys can assist you with this process to improve your chances of retaining your driving privileges or obtaining a restricted license.

What is a DMV Hearing?

A DMV hearing is separate from your criminal court proceedings. It is an administrative hearing held by the California Department of Motor Vehicles to decide if your driver’s license should be suspended following a DUI arrest. Our attorneys are experienced in representing clients in DMV hearings and can advocate on your behalf to retain your license.

Is a First DUI Considered a Misdemeanor?

In most cases, a first-time DUI offense is charged as a misdemeanor in California. However, if there are aggravating factors, such as causing an accident or having a minor in the vehicle, the charge may be elevated. A skilled DUI lawyer can help reduce the impact of these charges.

How Can a DUI Lawyer Help with My Case?

A Huntington Beach first DUI lawyer can be crucial in helping you understand your rights, challenging the evidence against you, and negotiating for reduced penalties. At The Law Offices of Taylor & Taylor, we have extensive experience handling DUI cases and know how to identify weaknesses in the prosecution’s case, which may result in reduced charges or even case dismissal.

Call (562) 330-4173 or contact us online today to learn how we can help you.