What Is the Best-Case Scenario for a First-Time DUI in California?

Whether it is your first or fifth DUI, there can be serious consequences. Being convicted of a DUI can result in penalties such as incarceration and suspension of your driver’s license. While a DUI is a serious offense, it is possible to help fight against these charges with the help of a Napa felony DUI attorney. If you’re wondering, “What is the best-case scenario for a first-time DUI in California?” a lawyer can guide you through the legal process to help you achieve a favorable outcome.

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How Does California Define a DUI Offense?

In California, any driver under the age of 21 caught driving with alcohol in their blood is subject to being arrested for a DUI. For drivers 21 and older, California law defines a DUI as driving with a blood alcohol level concentration (BAC) of 0.08% or higher. Driving under the influence of any drug that disrupts the ability to drive is also illegal.

To determine if a person is driving while under the influence of drugs or alcohol, a breath or blood test is used. If the test shows that the driver has at least 0.08% blood level concentration, they will be charged with a DUI.

The Presence of Aggravating Factors

The ideal scenario for a first-time DUI in California involves no aggravating factors which can increase your charges or penalties. These factors include previous DUI convictions, having a child in your car while driving under the influence, reckless driving, or driving with a suspended or revoked license.

What Happens After Getting a First DUI Offense?

You may face several types of charges after being caught driving while under the influence. However, the charges you face depend on the situation at the time of the arrest. In many cases, a DUI can result in a misdemeanor. More serious charges can result if a car accident has resulted in injuries or death as a result of driving under the influence. In those more extreme cases, the driver can be charged with a felony.

Along with being charged with a DUI misdemeanor or felony, your driver’s license may be:

Suspended
Restricted
Revoked

The police officer is required by law to send a report to the California Department of Motor Vehicles of any changes in your ability to operate a vehicle that resulted from your arrest. You then have ten days to request a hearing to contest any findings.

For a first-time DUI offender, if you are 21 or older and have been found driving with a 0.08% BAC, your license will be suspended for four months. After being given a temporary license with a suspension order, you are allowed to drive for 30 days after receiving the DUI unless your driving privileges are immediately taken away.

Receiving Probation Instead of a Prison Sentence

Sometimes, first-time DUI offenders may be given probation instead of being incarcerated. Typically, those who do receive probation will not be required to serve jail time, or if so, jail time will be minimal.

Requirements of the probation period can include:

Driving without any trace of alcohol in the bloodstream
Not refusing to take or submit to a DUI test if arrested for another drunk driving offense
Not committing any additional crimes during the probationary period

If you violate any of these conditions, you may have your probation time taken away and instead have to serve time in prison for your original DUI charges.

FAQs

Q: Can a First-Time DUI Offense Be Dismissed in California?

A: Yes, a first-time DUI offense can be dismissed in California. After receiving a DUI, you can receive a probation period in which you must follow certain regulations. This probationary period can keep you from going to jail.

If you adhere to the guidelines during your probationary period (typically ranging from three to five years), you may be able to have your DUI offense dismissed. Having a DUI dismissed from your record will be valuable if you need to seek a job in the future. Keep in mind that your case must have strong evidence in order for dismissal to be granted.

Q: How Likely Are You to Receive Jail Time for a First DUI Offense in California?

A: It is difficult to determine how likely you are to receive jail time for a first DUI offense in California. Many offenders may serve 96 hours in jail or up to six months, depending on the circumstances. You could receive probation, and then your chance of serving jail time will be lessened or may not be required at all.

However, if you were charged with a felony due to injuries or death caused by being under the influence, you are more likely to receive jail time.

Q: Do You Lose Your License After the First DUI Offense in California?

A: After the first DUI offense, you may or may not lose your license in California. Losing your license immediately is the result of not requesting a hearing, or it may occur if you lose your hearing. You have the right to request a hearing within ten days of being arrested for a DUI to avoid the immediate suspension of your license. If you are convicted of a DUI, your license will likely be suspended.

Q: Can a First-Time DUI Offender Qualify for Diversion Programs in California?

A: A first-time DUI offender may qualify for diversion programs in California if they meet particular criteria. Instead of undergoing punishments like prison time, this program allows the person charged with a DUI the chance to undergo rehabilitation. In many cases, if no injury occurred from the incident, participation in diversion programs is allowed.

Consult With a California Felony DUI Attorney

No matter how many DUIs you have been convicted of, there are always consequences for driving under the influence of drugs or alcohol. A DUI conviction can result in penalties such as incarceration and the suspension of your driver’s license. While being arrested for a DUI can cause anxiety, the help of an experienced attorney can prove vital. Contact the Law Office of Conor Bell to learn your legal options.