What is a DUI?
DUI means driving under the influence of alcohol or any substance that impairs one’s ability to drive.
What Happens to First-Time Offenders?
A first time offender is someone who has never received a DUI in the past ten years. Should you face a first-time DUI charge in California, you likely face a misdemeanor charge punishable by 3 to 5 years of probation and up to $1,000 in fines. You will also likely have your driver’s license suspended and need to take rehabilitation classes, such as DUI school.
What Happens After Receiving a DUI?
Once you are arrested for a DUI, you will face a criminal trial and/or a DMV hearing.
- Criminal Trial
Here, the prosecutor has discretion as to whether to charge the defendant as well as on what and on how many counts. Keep in mind that a criminal charge is difference from a DMV hearing in that criminal court is mandatory. In other words, it is important that the defendant be present for the entirety of their criminal case.
- DMV Hearing
A DMV hearing is separate from a criminal trial and is not automatic. The defendant may choose to request this hearing within the first ten (10) days from their arrest date should the defendant choose to challenge the automatic driver license suspension.
California Vehicle Code Section 23152(a)
Under this section, it is unlawful for a person under the influence of alcohol to drive. Prosecutors may charge the defendant for signs of intoxication, using circumstantial evidence like swerving, slurred speech, and failing the field sobriety test.
Possible Defenses to a California DUI Charge
A defendant may be able to counter a Vehicle Code Section 23152(a) charge by showing that the accident occurred for non-alcoholic reasons. Consider health conditions as well. For instance, a person who suffers from type 1 diabetes may be able to show that they were in fact experiencing an insulin shock or hypoglycemia and therefore why they showed similar symptoms such as dizziness, shakiness, confusion, and poor coordination.
Additional Consequences of a First DUI in California
While a first DUI offense is generally classified as a misdemeanor, it can have serious and lasting consequences. In addition to:
- fines
- probation
- driver’s license revocation
The court may impose additional requirements on the defendant. For example, it may be mandatory to attend an alcohol abuse program. As well as participation in community service. In addition, even a first DUI conviction can affect employment. Especially if the job involves driving or requires a professional license. Some employers conduct periodic criminal background checks. A DUI may affect the hiring decision.
Administrative and Civil Consequences
It is important to realize that a DUI has not only a criminal component, but also an administrative component. If you do not request a DMV hearing within 10 days, your license will be suspended. The length of this suspension can range from 4 to 10 months, depending on the specific circumstances. In certain cases, if the DUI resulted in an accident with injuries, it is possible to file a civil lawsuit. This may result in additional financial obligations, including compensation for damages and moral injury.
Aggravating Factors for a First Offense
Although this is a first offense, the court may increase the sentence if there are aggravating factors. Such circumstances include:
- having passengers under the age of 14 in the vehicle
- exceeding the legal blood alcohol limit
- being involved in an accident resulting in bodily injury
- refusing to submit to a breathalyzer test upon arrest
The presence of one or more of these factors may result in more severe penalties. These include:
- longer imprisonment
- Increased fines
- mandatory installation of an IID, even on a first conviction
Why You Should Contact a DUI Lawyer
Many people believe that when it comes to a first offense, it is best to simply admit guilt and accept the punishment. However, this may be a mistake. There are several defenses available, including:
- challenging the accuracy of the breathalyzer test
- evidence of an improper stop by the police
- medical or physiological reasons that affected the driver’s behavior
- failure of law enforcement officers to follow protocol
An experienced DUI lawyer can:
- identify procedural errors
- reduce charges
- obtain a complete acquittal
Glendale DUI Attorney
The attorneys at KAASS LAW carefully analyze the circumstances of each case and build a defense strategy to protect their client’s rights. If you are facing a first-time DUI charge in California, contact KAASS LAW at (310) 943-1171 for a free consultation. Our attorneys can help you understand the legal details and offer the best solution for your situation.