Potential Defenses, Consequences, and Alternative Sentencing for a First-Time DUI Offense in California
Facing a first-offense DUI charge can be stressful and scary. You may not know how the court process for DUI charges works or what to expect when it comes to sentencing should you be convicted. Working with an experienced DUI attorney can help reduce some of the stress by providing you with guidance throughout the process. Your DUI lawyer also works on your behalf to build a strong defense strategy to help reduce the negative outcomes related to your case.
Defense Options Against a First-Time DUI Charge
The first thing to understand when it comes to facing a DUI charge is that you do have some options for a defense. Talking to a criminal defense attorney experienced in DUI cases can help you understand what might be the best option for your case.
Challenging the Traffic Stop or Field Sobriety Test
Law enforcement officers must follow specific procedures when conducting traffic stops and field sobriety tests. Your attorney will review evidence, including your testimony, witness accounts, and any video of the scene, to help determine if you can challenge the legality of these processes.
Contesting Results From Chemical Tests
You might also be able to contest the results from a chemical test such as a blood alcohol or breathalyzer test. The equipment used to conduct these tests must be correctly calibrated and used, and if your attorney can show that there was an error in the equipment or its use, that can be helpful for your defense.
Demonstrating that BAC Was High for Another Reason
There are some medical conditions and other situations that can result in BAC being high without you having had any alcohol to drink. If this is a possible defense in your case, your attorney will work with you to gather evidence and build a narrative that supports this claim.
Consequences for a First-Time DUI Conviction in California
Even a first-time DUI conviction in Orange County can come with some pretty serious consequences. It’s also important to note that DMV suspension of your license is an administrative procedure resulting from the DUI traffic violation. It is handled separately from your court case. Even if you beat the criminal conviction and don’t get a suspension as part of your sentencing there, you may need to go through administrative hearings to resolve the loss of license with the DMV.Â
The consequences for a first-time DUI conviction as an adult who is 21 years old or older vary depending on the facts of the case as well as the county you’re being tried in. Potential consequences in Orange County can include:
- Between 48 hours and six months in jail
- Required participation for three months or nine months in a drug/alcohol program, depending on what your BAC was at the time of the arrest
- Between $390 and $2,000 in penalties, fines, and court costs
- Requirements to install an ignition interlock device for six months to one year to be able to continue to drive, depending on whether there was an injury related to the incident or not
- Up to three years of probation
- Required participation in a MADD victim impact panel, which is a one-day commitment
- Court-ordered AA attendanceÂ
- Court-ordered community service
Alternative Sentencing Options
In some cases, you may be able to seek alternative sentencing options or avoid the criminal courts altogether for a first-time DUI offense.
Negotiating for Reduced Charges
Depending on the facts of your case, your attorney might advise negotiating for reduced charges. For example, the evidence may be such that you can’t make a good case that you were not driving under the influence. However, you may be able to show that you were not, in fact, involved at the time in an accident that left someone injured. Because the involvement of an accident and injury can change the outcome and potential sentencing in a case, this would be a good distinction to draw if you can.
Underage DUI Charges Are Different
The above information is relevant to adult DUI cases, which means the person being charged is at least 21 years of age. If you or someone you love is facing an underage DUI charge, you may have different options available to you—and you may need to consider different potential sentences.
In most cases, the best first step when facing any type of criminal charge, including DUI, is to reach out to an experienced criminal defense attorney. Contact attorney Scott Henry to talk about your case and your options by calling 714-294-0599.
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