Irvine First DUI Lawyer

Penalties for a First-Time DUI in California

In California, a first-time DUI offense is typically charged as a misdemeanor. However, this is not always the case. If the DUI involved an injury, you have a prior DUI conviction on your record, or there are other circumstances that warrant it, you could be charged with a felony.

For a first-time DUI offense without any additional circumstances, the penalties are as follows:

• 3 to 5 years of probation
• Up to 6 months in jail
• Fines ranging from $390 to $1,000, plus various fees
• Driver's license suspension for 4 to 10 months
• DUI school

In certain cases, a first-time DUI offender may avoid jail time by completing a court-approved alcohol and/or drug treatment program. If you have been charged with first-time DUI, you must speak to an experienced lawyer about your options.

Additional penalties for a first DUI conviction can include:

• Installation of an ignition interlock device (IID) in your vehicle
• Increase in auto insurance premiums
• Requirement to file an SR-22 (proof of financial responsibility) with the California DMV

Remember, there may be additional penalties if you are convicted of driving with a blood alcohol concentration (BAC) of .15% or higher, refusing to take a chemical test, driving under the influence of drugs, or being under the age of 21 and driving with any amount of alcohol in your system.

Irvine DUI Case Process

After a first DUI arrest in California, you will be facing two separate cases: a criminal case and an administrative case. The criminal case will determine the criminal penalties you face if you are convicted of a DUI, while the administrative case will determine what happens to your driving privileges.

Here is what you can expect from the DUI case process in California:

• Arrest: After a DUI arrest, you will be taken to the local police station, where you will be booked. This will involve having your mugshot and fingerprints taken and providing a statement. You will then be held in a jail cell until you are sober or until you can post bail.
• Arraignment: In California, you will be required to appear in court for your arraignment, where you will be formally charged with a DUI. You will be asked to enter a plea of guilty, not guilty, or no contest. If you have an attorney, he or she may be able to appear on your behalf.
• Pre-Trial: During the pre-trial phase, your lawyer will review the prosecution's evidence against you and begin to develop a defense strategy. This may involve filing motions to suppress evidence or exclude certain witnesses. Many DUI cases are resolved during the pre-trial phase.
• Trial: If your case cannot be resolved through a plea bargain, it will proceed to trial. During the trial, the prosecution will present evidence against you, and your lawyer will present your defense. The jury will then decide whether or not you are guilty of DUI.
• Sentencing: If you are found guilty, a sentencing hearing will be scheduled. If you are found not guilty, the case will be dismissed. If you are found guilty, the judge will determine your sentence, which can include fines, jail time, and more.

If you are convicted of a first-time DUI offense in California, you may be offered the opportunity to enter a plea bargain. A plea bargain is an agreement between the prosecution and the defense in which the defendant agrees to plead guilty or no contest to the charges in exchange for a lesser sentence or dropped charges. If you are offered a plea bargain, you need to speak to a lawyer before accepting it.