California DUI First Offense

In the state of California a person will be arrested and charged with a first offense DUI charge if they are stopped by an officer while operating a motor vehicle, boat or water craft and have not been previously convicted of a DUI charge within the past 10-years and that person is found to have a blood alcohol concentration level of .08% or greater per section VC 23152 (a&b). of the California DUI law code. A person will also be arrested if they are found to be under the influence of a drug or intoxicant and their ability to drive has been affected.

If a person has been involved in an accident and the officer on scene as probable cause to believe you have been driving under the influence you will be arrested for DUI. You may also be arrested on a first offense DUI charge in California if you are stopped by an officer and found to have an open container in the vehicle with any amount of the contents of the container removed and you exhibit signs of being under the influence.

California Administrative Drivers License Suspension

Upon being arrested for a first offense DUI charge in California the arresting officer will confiscate your driver’s license and issue you a “Notice of Suspension”. You only have 7 days from the date that you were issued the notice in which to request an administrative hearing with the California DMV if you hope to avoid a 4-month suspension of your driving privileges.

If the suspension of your driver’s license is upheld at your administrative hearing the court has the authority to issue you a restricted driver’s license. It is highly recommended that you contact a California DUI lawyer who has experience in representing clients at administrative license hearings if you hope to have a successful outcome at your hearing.

Jail Sentencing

A California first offense DUI conviction will result in a minimum 96 hours of jail time of which 48 hours must be served consecutively. The maximum jail sentence for a first offense conviction is up to 6 months. The length of the jail sentence will be determine by the court based partly upon the circumstances of the DUI arrest including: were there any injuries to others? excessive BAC level? minor passenger in the vehicle at the time? along with various other circumstances.

Depending on the circumstances of the case it is possible to have the a portion of the minimum 96 hours of jail time converted to work service.

Fines

The fine amount for a first offense DUI in California will be between $390 and $1,000, plus court fees and penalty assessments. The total out-of-pocket fine cost is typically between $1,200 and $1,800 total.

Ignition Interlock

As of July 1, 2010 a growing number of California Counties are now requiring ignition interlock devices for first time DUI offenders. In the remaining Counties that do not have laws regarding ignition interlock devices for first time offenders it will be at the courts discretion as to whether or not one will be required.

License Suspension

If found guilty of a first offense DUI charge, the California DMV will suspend a first time offenders driver's license for a period of 6 months per vehicle code section 13352. First time offenders may be granted a restricted license after the first 30 days of the suspension period have been served.

A person's driver's license will be suspended for a period of 1-year if that person refused to submit to a chemical test and will not be granted a restricted license during the 1-year suspension period. If the refusal to submit to a chemical test happens with 10-years of a previous violation, the person's driver's license will be revoked for a period of 2-years, meaning absolutely no driving, with no chance of being granted a restricted license.

Prior to the California Department of Motor Vehicles reinstating a driver's license following a suspension period or before issuing a restricted license during a suspension period they will require the person to provide proof of financial responsibility in the form of a California SR22 insurance filing.

California First Offense DUI Under 21

The state of California is a "Zero Tolerance" state meaning that any person under the age of 21 who is stopped by an officer and is found to have a BAC level of .01% or greater as determined by a preliminary alcohol screening test. There is an automatic 1-year driver's license suspension for violating the zero tolerance law. If the minor does not yet possess a California driver's license they will face a 1-year delay in applying for one.

Anyone under the age of 21 who is arrested for a first offense DUI in California for having a BAC level of .08% or greater will be facing the same penalties as someone over the age of 21 would face for the same offense.