What Happens When You Get Your First DUI in California?

What Happens When You Get Your First DUI in California?

Getting your first DUI can be scary. You may not know what to do or who to call. While getting a DUI is not the end of the world, it is a serious offense for which a conviction can follow you for many years to come if not handled properly. If you are arrested for a DUI in Ontario, your first move should be to contact an Ontario DUI attorney as soon as possible, and it is wise not to say anything to police officers, insurance adjusters, or anyone for that matter until you speak with an attorney.

As intimidating as getting a DUI can be, having a sound and knowledgeable Ontario DUI attorney representing you is essential in optimizing the potential your case may present in minimizing DUI charges and penalties against you and even possibly avoiding a conviction. Having an attorney is especially important if you are concerned about a long-term license suspension and the impact it can have on your employment and other areas of your life.

A DUI has obvious consequences, such as potential jail time, probation, monetary costs, and potential long-term loss of driving privileges, just off the top of the list. However, the more severe consequences are those that impact the everyday life of the defendant. The personal consequences of a DUI can be even more far-reaching than the penalties imposed by a court as a result of a conviction.

Potential Penalties

If you’ve been charged with DUI, you will face several possible penalties. It is important to familiarize yourself with these penalties to avoid surprises moving forward.

• Fines. These fines start at $390 and are subject to increase based on the severity of the offense. They can total above $1000 in cases where the driver’s blood alcohol concentration (BAC) is at or above .15%. In addition to these fines, you may also face additional penalties.
• Jail time. Even for a first-time DUI conviction, the state of California may enforce a two-day minimum jail sentence. However, if the court orders probation, you may receive little to no jail time.
• Driver’s license suspension. The California Department of Motor Vehicles will issue an administration suspension of a driver’s license when a driver is convicted of DUI, or refuses to submit to a chemical test after a lawful arrest. A judge overseeing a DUI case will also issue a driver’s license suspension, the length of which depends on the severity of the offense and whether the driver has a record of prior DUIs.
• Ignition interlock device (IID) installation. A judge may sentence a defendant to compulsory IID installation. An IID prevents a vehicle from starting until the driver provides a breath sample to prove they are not under the influence of alcohol before driving. The defendant must pay for the device and the installation cost.
• Mandatory education courses. Conviction for DUI will usually entail mandatory attendance in a drug and alcohol education course and/or driver safety course. The defendant must pay enrollment fees for these courses and complete the required amount of course hours.
• Mandatory DUI school. In many cases, the court will assign you mandatory attendance to a drug and alcohol educational course as well as a driver safety school.
• Increased penalties for future DUI convictions. All fines, jail time, suspension, and other penalties as a result of another DUI conviction within ten years of your initial DUI will increase significantly.
• Additional felony penalties for associated offenses. A DUI charge may just be one of several criminal charges a driver would face if they caused an accident and injured or killed another driver. It is possible for a DUI driver to face a charge of involuntary manslaughter if they unintentionally killed another person because of driving under the influence, and this charge will significantly increase the legal penalties they face.
• Indirect costs. This can include increased insurance costs, vehicle repairs, medical costs, and loss of personal and professional reputation.
• Penalty assessments. The court will assign additional penalty assessments when sentencing a defendant for DUI based on court costs and other aspects of the case.
• Personal and professional consequences. Being convicted of DUI can lead to a loss of standing in your community, and if you hold a professional license you may face disciplinary action, including license suspension or revocation, from the oversight board with jurisdiction over your license.

This list is not comprehensive, and depending on the severity of the case, you may be subject to other costs and penalties.

It should be clear that the penalties for DUI conviction in California are more extensive than most people initially realize. This is why it is so crucial to secure reliable legal counsel when you have been arrested for DUI, especially when you are certain that the arrest was wrongful or unjust and you have done nothing wrong. Our DUI attorneys are well-versed in navigating these penalties and negotiating a positive outcome for our clients.

How to Defend Against DUI Charges in California

Defending yourself from a DUI case in California requires the help of an experienced DUI defense attorney. Your attorney must carefully review the details of your situation, including the circumstances of your arrest and booking, to ensure the arrest was lawful and followed the rules of due process. If it did not, or if the police violated your Constitutional rights in any way, your attorney provides the best opportunity possible for avoiding the severe penalties that come with conviction.

A good attorney will look for weaknesses and inconsistencies in the prosecution’s evidence and highlight them to maximum effect. They will also coordinate expert witness testimony on their client’s behalf, if necessary, to prove their innocence. For example, if there is any reason to call the handling of your chemical test results into question, or challenge the testing lab’s findings.

While it is possible to secure legal counsel for free from a public defender, you can expect a more robust degree of legal representation when you choose an experienced private defense attorney to handle your case. Most public defenders handle multiple cases at a time and will not be able to offer much individual attention to your DUI case.

The Importance of Legal Representation at DMV Hearings

In California, police cannot compel a driver to submit to a Preliminary Alcohol Screening (PAS) such as a breathalyzer exam to establish probable cause for DUI. While other states have stricter implied consent laws, California’s implied consent law for DUI testing only applies when the driver has been lawfully arrested for DUI. This means the arresting officer must establish probable cause without relying on a PAS test. The only exceptions to this law are drivers under the age of 21 that demonstrate evidence of intoxication behind the wheel and drivers who are on probation for DUI.

Following a DUI arrest, you will be booked and registered at the jail. Most defendants will be released within a few hours following their arrest for DUI. In most cases, posting bail is not required for the release of a defendant charged with DUI, especially if it is a first-time offense and no one was injured as a result of driving under the influence.

California DUI Arrests: Steps and Legal Options

Once someone is arrested for DUI in the state, the DMV is automatically notified of the pending charges and automatically suspends their driver’s license and driving privileges. A defendant may challenge this decision, but it is generally wiser to go through this process with legal support from a DUI attorney, and the challenge must be done within ten days of the arrest.

After ten days, the window of opportunity to retain driving privileges closes, and the driver’s license is suspended for 30 days from the date of their arrest.

If the defendant requests a DMV hearing to challenge the DMV’s decision for automatic suspension, the defendant will maintain driving privileges during that time up until the hearing occurs, which may be several weeks or several months later.

An Ontario DUI attorney is an ideal ally when attending your DMV hearing. Individuals without representation rarely experience successful outcomes in these hearings. An attorney, however, can increase the chances of a defendant retaining their driving privileges by carefully examining the case and identifying any action taken by law enforcement officers or thereafter that was unjust and in violation of their client’s rights.

If an attorney is able to prove one of these items or another disqualifying fact at the DMV hearing, the automatic suspension of their client’s driving privileges may be set aside or canceled (until criminal prosecution is complete). It is important to note that a successful DMV hearing is independent of criminal charges and court proceedings of criminal charges.

An acquittal or dismissal of DUI charges by a California criminal court will automatically reinstate a driver’s license with the DMV.

Hire a DUI Attorney

Finding an experienced Ontario DUI attorney is crucial to getting the support you need to achieve a good result for your case. Your attorney will consider all the case details to ensure the arrest and booking were lawful. They will look for any weakness in the prosecution’s evidence and use those to your benefit. Your attorney may also call on expert witnesses to testify on your behalf.

If your constitutional rights as a driver have been violated in any way, your attorney is vital to minimizing the severity of the penalties you are facing.

Contact the DMV

You must contact the DMV within ten days of your arrest to schedule a hearing. If you do not meet this ten-day deadline, your license will be suspended, and you will lose your right to fight that suspension. It is also important to note that the DMV action is separate from criminal court and must be handled with them directly within the assigned deadline. If you have already hired an attorney within this timeline, they will assist you in this process.

Write Down the Details

Every detail matters when facing a DUI charge. We recommend that you take a moment as soon as possible to write down everything you remember about your arrest and booking. This includes where and when you were stopped, any witnesses present or passengers in the vehicle, what you did before the incident, and anything else you remember. Even the smallest detail could assist your attorney and give them insight that can help your case.

FAQs

Q: What Are the Consequences of a First-Time DUI?

A: A first-time DUI offense in California is punishable by up to five years of probation, up to $1,000 in fines, a requirement to attend DUI school, a license suspension of six months, points on their driver’s license, and an ignition interlock device (IID) installation on the offender’s vehicle. Not all offenders will endure all penalties, though some may. These are the sentence maximums for first-time DUI convictions.

Q: How Do I Get My First DUI Dismissed?

A: There are many defense strategies for a first-time DUI charge, and an Ontario DUI attorney is the most valuable resource in determining what strategy will work for your case.

Some common defense tactics in combating first-time DUI charges include proving the initial traffic stop was unwarranted, finding errors in the sobriety test administered at the time of arrest, presenting blood alcohol content results from suppressed blood tests, and proving the breath test procedure was violated by law enforcement officers, just to name a few.

Q: Will I Lose My License for My First DUI Offense?

A: If you are over the age of 21 and are stopped by a law enforcement officer and given a blood or breathalyzer test to measure your blood alcohol content (BAC), and the test result indicates your BAC is higher than 0.08%, you will lose your license for four months for the first offense. A subsequent offense within ten years will require a one-year suspension of driving privileges.

If you refuse to take the BAC test and are convicted, you will lose your license for one year, and a second offense will result in a two-year license revocation.

Q: How Long Does Your First DUI Stay on Your Record?

A: An individual’s first DUI in California, or any subsequent DUI for that matter, will remain on an offender’s driving record for precisely ten years from the date of arrest. However, arrests, charges filed, and convictions can remain on a criminal record until the offender files a petition with the court and requests their record be expunged of their DUI. Speaking with an Ontario DUI attorney can help you determine if your DUI is eligible for expungement.

Q: Is Jail Time Mandatory for 1st DUI in California?

A: While certain counties in California mandate time in the custody of a county jail (including Riverside County), San Bernardino County (along with Los Angeles County and Orange County) does not mandate jail time and often spares first-time defendants from this penalty. This is good news for residents of Ontario facing a first-time DUI.

Q: Can Your First DUI be Dismissed in California?

A: While not common, it is possible to get a first-time DUI charge dismissed in California. A dismissal means the charge will not show up on your record and will not count against you in the future as a prior offense. You must plead not guilty and work closely with your DUI attorney to determine the steps most likely to get a dismissal of your case.

Q: What to do After Getting Your First DUI in California?

A: You should do these two things as soon as possible after your arrest. First, hire an experienced DUI attorney, and second, contact the DMV to schedule your hearing. You must contact the DMV within ten days of your arrest to avoid missing this deadline, which will result in forfeiting your right to a hearing and having your license suspended.

Q: What Is the Most Common Sentence for a First DUI?

A: While sentences may vary, the most common include three years of probation, fines averaging $390 to $1000 plus penalty assessments, and mandatory attendance in a three-month drug and alcohol program. You may also face jail time and a 6-month suspension of your California driver’s license (though you may continue driving if you are issued an IID.)

A DUI charge can be daunting. Whether it is you or someone you love who has been charged with DUI or are interested in finding out more information about how to get your DUI removed from your criminal record, the Law Office of Daniel P. Flores can help you. We are a well-equipped and experienced DUI law firm and have represented thousands of DUI cases similar to yours. Speak with an Ontario DUI attorney about your case today.