First DUI in California: Penalties and Defenses

A first DUI arrest can be frightening, especially if you have never been in trouble before. Understanding how the process works — and what is typically at stake — can help you make better decisions in the days ahead.

Two cases: court and DMV

A DUI arrest typically starts two separate processes. The criminal case is handled in superior court. The DMV case is an administrative action against your driver's license. To contest the automatic license suspension, you typically must request a DMV hearing within 10 days of the arrest.

Typical first-offense penalties

For a first-offense misdemeanor DUI without injury, penalties commonly include:

• Informal (summary) probation, often for three to five years
• Fines and penalty assessments
• A DUI education program
• A license suspension or restriction, and in some cases an ignition interlock device
• Possible jail time, though many first-offense cases resolve without significant custody

Aggravating factors — a very high blood alcohol level, a minor in the car, an accident or injury — can increase penalties.

Consequences beyond court

A first DUI conviction can also raise your insurance rates, require an SR-22 certificate, and show up on background checks for jobs that involve driving. Commercial drivers face stricter rules and can lose their commercial license even for an offense in a personal vehicle.

Common DUI defenses

The stop

Police need a lawful reason to pull you over. If the stop was not justified, evidence gathered afterward may be challenged.

Field sobriety tests

Field tests are subjective and can be affected by nerves, footwear, road conditions, injuries and fatigue.

Breath and blood testing

Breath machines must be properly calibrated and maintained, and blood samples must be collected, stored and tested correctly. Problems with either can undermine the result.

Every case is different, and no lawyer can promise an outcome. But a careful review often reveals issues worth raising. Learn more about our Long Beach DUI defense or read about refusing a breathalyzer.

This article provides general information, not legal advice, and does not create an attorney-client relationship.