A charge and conviction for driving under the influence (DUI) can have serious consequences in California. Jail time, license suspensions, and hefty penalties are common, but what should first-time offenders expect?
California DUI Laws
DUI laws include alcohol, illegal substances, prescriptions, and over-the-counter medications. If you have consumed something that causes your driving to be impaired, you may be charged with DUI.
California also has an open container law – it is illegal to have an open container of alcohol or marijuana in your vehicle. If you are going to transport these substances, the bottle, jar, or bag must be sealed and unopened. Otherwise, the container needs to be kept in the trunk of the vehicle.
A driver’s blood alcohol concentration (BAC) is a common measurement used to determine if they are under the influence of alcohol. California’s legal limits for BAC are as follows:
- .08% for most drivers over the age of 21
- .04% for commercial vehicle drivers
- .04% for rideshare, taxi, or other drivers transporting passengers for hire
- Any BAC is illegal for drivers under 21 years old
- Any BAC is illegal for drivers on DUI probation
These numbers are a guideline. Having a BAC below the legal limit does not guarantee that you will not be charged with DUI. Officers will also consider your level of impairment.
Penalties for a First DUI Offense
A first-time charge of driving under the influence in California is a misdemeanor. If convicted, you could face:
- Up to 5 years of probation
- Mandated DUI school
- As much as $1,000 in fines
- As many as six months in jail
- Required interlock ignition device
There is no way to know for sure what penalties a judge will order for first-time offenders. Typically, however, there is more leniency for offenders with no prior history of DUI. Further, a DUI attorney may be able to negotiate the charge down to reckless driving to avoid the potential of serious consequences from a DUI conviction.
Even a misdemeanor charge on your record can cause long-lasting consequences in employment, education, and other areas of your life.
Aggravating Factors
Leniency in sentencing is not guaranteed, and there are aggravating factors that can lead to increased penalties for first-time DUI offenders. If your BAC was .15% or higher or you refused to participate in a chemical test to measure your BAC, you could face harsher punishment. Other factors include:
- You caused an accident
- You were driving more than 20 miles per hour over the speed limit
- There were children in your vehicle
These conditions are likely to lead to an enhanced penalty even for first-time charges.
License Suspension After a DUI Arrest
In addition to the criminal hearing, people charged with DUI can also request a hearing with the Department of Motor Vehicles. This DMV hearing will be to determine whether the driver’s license should be suspended. License suspension in California is automatic after a DUI unless you are successful at the DMV hearing.
If you have been charged and arrested for DUI, you only have ten days to request a hearing with the DMV. Defendants who miss the deadline or who lose their case with the DMV will be subject to a six-month license suspension. The DMV will consider a number of factors during the license suspension hearing, including the results of your BAC test and if the arresting officer had reasonable cause to believe you were under the influence.
Regardless of the outcome of the DMV hearing, a judge can also order that your license be suspended as part of the criminal penalties.
You may be able to obtain a restricted license after the mandatory suspension period that will allow you to drive in limited circumstances. This will require you to enroll in the DMV’s DUI First Offender program. A restricted license allows you to drive to and from work and your DUI program.
Probation for a First-Time DUI Conviction
Probation is a common penalty for DUI offenders with no previous convictions. If probation is ordered, defendants may spend little or no time in jail, and jail time is not required.
Probation is still considered a form of punishment and comes with its own set of restrictions. Judges have some discretion to set the terms, but DUI probation must include the following conditions:
- You cannot drive with any detectable amount of alcohol in your system
- You must agree to submit to a DUI chemical test if suspected of driving under the influence while on probation
- An ignition interlock device must be installed in your car for six months
- You cannot commit any other crimes while on probation
If the judge determines that further conditions are needed, they may include terms like mandatory attendance at Alcoholics Anonymous.
Ignition Interlock Device
A judge may require you to use an ignition interlock device (IID), which is a device intended to prevent drunk driving that is attached to your vehicle. You must breathe into the IID to start your engine. Your car will not start if the device detects any alcohol. There are costs associated with installing the IID and maintaining it each month. You may be required to use the device for six months after your license is reinstated, but some first-time DUI offenders also have the option to drive on a restricted license with the IID for 12 months.
First-time DUI offenders who are granted probation must ensure they do not violate the terms. Judges can reinstate the original sentence if you do not abide by the conditions of DUI probation, and that often includes spending time in jail. Probation violations can also result in stricter or additional probationary conditions.
If you need legal representation for a first DUI offense, contact the Law Office of Sheny Gutierrez for a free consultation.
View our post on Second Time DUI Offenses for more info on subsequent charges.