Orange County Criminal Lawyer Offices

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First DUI Offense

1st time DUI (Misdemeanor) by the Court:

First Time DUI Probation:

3 to 5 years informal probation

1st Time DUI Jail:

0 – 6 months jail

DUI Court Fines:

$390 – $1000 BASE FINE + PENALTY ASSESSMENT = $2000 minimum.

DUI School:

If convicted of DUI in Los Angeles, Alameda, Sacramento or Tulare counties:

  • Ignition Interlock Device for 5 months

Certain facts require increased DUI penalties:

  • Refusal – 48 hours Jail, 1 year license suspension
  • Passenger in Vehicle Under Age 14 – Mandatory additional 48 hours Jail
  • Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street – Mandatory additional 60 days Jail

DMV action upon conviction:

  • 6-month license suspension
  • 10-Month license suspension if BAC >0.20% or refusal
  • Restriction Eligibility: Upon meeting certain requirements, DMV can issue a restricted license if no other suspensions are in place

Separate DMV Administration Per Se (APS) suspension:

  • BAC < .08 – No additional suspension other than what is listed above for conviction
  • BAC ≥ .08 – 4-month suspension with eligibility to obtain restricted license after serving 30-day suspension in addition to what is listed above for conviction
  • Refusal – 1-year mandatory suspension with no option for restricted license

Will I go to jail for my first DUI Offense?

Unfortunately many factors contribute to whether or not you’ll have to serve jail time for a 1st DUI offense, for instance; BAC, accidents, injuries, property damage, judge, location, and any special circumstances involved in your arrest, all can play a part. Without knowing the facts of your case, it would be impossible to promise “no jail-time”. We have an excellent track record of keeping our clients with 1st, 2nd DUI, or even 3rd DUI offenses, out of jail. Having practiced only DUI defense in Orange County for more the 12 years, we’ll know best, how to treat your case to avoid incarceration. Don’t hesitate to call (714) 695-1500 and keep your freedom, job, ability to drive, and more.