If you’ve been arrested for a first offense DUI, you’re not alone. Over 200,000 drivers are arrested each year for driving under the influence in the state of California, and the majority of them are being arrested for the first time. Unfortunately, in an effort to deter California motorists from violating DUI laws, even those who are arrested for the first time face a number of tough penalties if convicted of the charge.
Most people convicted of a simple first offense DUI can expect the same or similar sentences, as long as there was no accident involved. Although the criminal penalties of a DUI are determined by an official court case, the administrative penalties will begin immediately. Immediately after you’re arrested for driving under the influence, the DMV will revoke your driving privileges and issue a license suspension. In order to challenge this penalty, you must request an administrative hearing within ten days of your arrest.
In addition to the administrative penalties imposed by the DMV, those found guilty of a first offense DUI in the state of California will face criminal punishment for their actions. Depending on the exact circumstances surrounding your arrest, a first-time DUI conviction usually includes three to five years of probation, a fine of up to $1,800 (including court fees), loss of your license for up to six months, and mandatory drug and/or alcohol classes. Once the driver receives their license, they must maintain SR22 insurance, which is an expensive auto insurance policy designed for high-risk drivers, for three years.
Beginning July 2010, drivers convicted of a first offense DUI in the counties of Sacramento, Tulare, LA and Alameda must install an Ignition Interlock Device on their vehicle for five months (twelve months if an injury was involved.) This device requires the driver to blow into a breathalyzer attached to the ignition before they are able to start the vehicle. If the IID detects alcohol on your breath, the vehicle will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.
Though this is a general listing of the penalties for a first offense DUI, there are many factors that can increase the sentence, like an exceptionally high blood alcohol content, prior convictions, having minors in the car, and a collision, regardless if someone was hurt. These are just a few of the ‘aggravating’ factors that can alter the outcome of a first offense DUI case.
Before you can be convicted of a DUI, the prosecution must prove three things: 1) the officer who arrested you had probable cause to stop you, 2) you violated the state’s DUI laws by driving with a BAC over the legal limit, or 3) your arrest was lawful. If all three of these requirements are not met, the charges against you should be dropped.
It’s important to note that once you’re arrested for any DUI offense in the state of California, you only have ten days to request a DMV hearing. This request will postpone your license suspension until after the court hearing. In some cases, requesting the DMV hearing may result in your license suspension being set aside completely.
By hiring an experienced DUI attorney for your first DUI within that ten day period, they can request the hearing for you and even represent you at the hearing. Additionally, an expert lawyer for your first DUI can give you detailed advice and come up with the best defense for your specific case.