First Offense DUI: Punishment And Penalties

A non-injury first offense DUI in Orange County is punishable by up to six months in the Orange County jail. (Vehicle Code Section 23152). There are also mandatory fines and fees of up to $4,500.00. A judge can impose some, or none of the six months of possible jail time for a first offense DUI. However, any Orange County DUI lawyer will tell you that in most cases, Orange County judges do not impose any jail time at all for a non-injury first offense DUI. However, if the first offense DUI involved an accident, a child age 14 or younger in the car, excessive speed and reckless driving, an excessive blood-alcohol level, a refusal to take a blood or breath test, an altercation with police, or other criminal charges, then the law either requires or encourages jail time for a first offense DUI. If the first offense DUI resulted in injury to anyone other than the defendant, (DUI with injury), it can be charged as a felony, punishable by up to three years in the state prison.



Although most first offense DUI defendants receive little or no jail time, by law, these defendants MUST be placed on a minimum of three years of "informal" probation. This means that the balance of the jail time is "hanging over their head" and can be imposed if they break any term of their first offense DUI probation. The terms of first offense DUI probation must include; break no law (felony or misdemeanor), do not drive with ANY ALCOHOL in your system, maintain and carry driver's license and insurance, complete a state-approved alcohol program (3, 6 and 9 month program depending on your blood-alcohol level), pay fines/fees of at least $2,100.00, and submit to a breath test any time you are driving. These are the mandatory terms for first offense DUI probation. The judge can impose additional terms such as attending AA meetings, submitting to search and seizure by any police officer, and not leaving California without permission.



Aside from the punishment from the court, a first offense DUI defendant also faces two driver's license suspensions from the DMV. If the defendant, or their Orange County DUI lawyer, does not request a DMV hearing within ten days of the first offense DUI arrest, then the DMV will automatically impose a four-month DMV suspension. This can be reduced to a 30-day suspension followed by up to ten months of "restriction". The second suspension is imposed by the DMV if the defendant is convicted of first offense DUI in court. This is a six-month suspension but can also be reduced to a 30-day suspension followed by restriction. A skilled DUI attorney can time the suspensions so that they run concurrently, giving the defendant credit for both suspensions at the same time.



If you face charges for a first offense DUI and would like to talk to a skilled Orange County DUI attorney, call The Law Offices of EJ Stopyro at (949) 559-5500 today. We offer a free and confidential telephonic consultation.