Not surprisingly, the two most populous states—California and Texas—had the highest number of DUI fatalities in 2020 (Texas was first, California second, even though California has more residents). Being arrested for DUI is a stressful, anxiety-inducing experience. Many people who are charged with DUI have never been in any trouble with the law before. It is easy enough to go out after work with friends, have a couple of drinks, and then head home, thinking you are okay to drive. When you see flashing lights behind you, your first instinct may be to try to talk your way out of an arrest.
The officer may be friendly, asking you whether you’ve been drinking and how much. Whatever you do, do not answer these questions. Politely give the officer your name, your license, and your registration.
The most important step you can take after a DUI arrest is to speak to an experienced DUI attorney whose experience will serve you well during your first time DUI offense in California. Once you have a highly skilled DUI attorney by your side you can be confident knowing your best interests are being looked after. A knowledgeable DUI attorney from Greenberg, Greenberg & Kenyon will work hard to see if your charges can be minimized or even dropped, depending on the circumstances. Our goal will always be to secure the best outcome possible on your behalf.
Why Choose Riverside and SAN BERNARDINO DUI LAWYERS?
At the law firm of Greenberg, Greenberg & Kenyon, in Southern California, we have a solid record of representing clients on DUI charges in San Bernardino & Riverside. Whether it is your first offense, or you have been in trouble with the law before, our lawyers will discuss the facts of your case and how we can help to minimize the consequences.
If you have been arrested for a DUI, even if you have never been in trouble with the law before, it is important to speak with an experienced San Bernardino & Riverside DUI attorney as soon as possible. A first-offense DUI carries significant penalties, such as fines and suspension of your driver’s license, in addition to related consequences such as higher insurance rates.
We offer a free initial consultation, so take the time to contact us by e-mail or by telephone at (951) 382-0493 if you were pulled over in Riverside, San Bernardino, Los Angeles, Orange, or San Diego counties.
What Happens After a First-Time DUI in California?
The state of California considers a person legally intoxicated if he or she has a blood alcohol content (BAC) of .08 percent or above. A person may also be convicted of driving under the influence based upon erratic driving and other observations by the arresting officer, even if his or her BAC is lower than .08 percent.
Our firm will look at the stop that led to your arrest and how evidence was obtained by law enforcement. This includes police reports, the results of any breath or blood tests, field sobriety tests, and whether there was probable cause to make the traffic stop in the first place. We will take the necessary steps to protect your rights and your freedom.
A DUI arrest triggers two legal proceedings against you. The first is the criminal trial, and the second is an optional California DMV admin per se hearing. This hearing will determine whether you are allowed to keep your driving privileges. The DMV decision is separate and has no bearing on your criminal trial, but neither is it automatic. You have ten days from the date of your arrest to request a DMV hearing. If you fail to request a hearing or are unsuccessful at the hearing, your license can be suspended for six months.
Unlike the DMV hearing, an appearance at your criminal court case is mandatory. While the DMV hearing has no bearing on your court case, if you are found not guilty of DUI in your criminal case, the DMV generally reverses the license suspension.
What are Common Penalties for a First-Time DUI in California?
The penalties you could suffer for a first-time DUI offense in California vary slightly from one county to another but can include:
- From three years to five years of informal probation
- Penalty assessments and fines from $1,500 to $2,000
- DUI school sentencing ranging from three months to nine months
- A driver’s license suspension for six months (in some cases you may be able to obtain a restricted license which will enable you to drive to and from work or an ignition interlock device license which allows you to drive with the device installed on your vehicle).
- Some counties may require jail time from a few days to six months.
- An ignition interlock device may be mandatory for six months.
- You could qualify for work release in some counties if you are given jail time.
Your attorney may be able to have your DUI charges reduced to reckless driving charges or another lesser offense so you can avoid jail time and a license suspension.
How Likely Is Jail Time for a First DUI?
It is unlikely that you will be sentenced to jail time for a first DUI, especially if your record otherwise is clean and your BAC was not significantly above .08 percent. That being said, individual cities and counties have different penalties for DUI. The city of Riverside does sometimes sentence first-time DUI offenders to six to ten days in jail or work release. Other typical penalties in Riverside for a first-time DUI offense include three years of summary probation, fines and penalties totaling $2,300 or more, completion of a three-month drug and alcohol program, and a six-month license suspension with the option of an ignition interlock device for six months.
Do I Need an Attorney for First-Time DUI Charges?
There are many good reasons to hire an attorney for a first-time DUI offense in California. First, your attorney can represent you in your DMV hearing, giving you a better chance of keeping your driving privileges. Once you have hired a DUI attorney from Greenberg, Greenberg & Kenyon, we will immediately begin gathering evidence, doing everything we can to protect your future.
We will review the facts of your case, looking for any flaws in the prosecutor’s case against you. The police officer may not have had a good faith basis to pull you over in the first place. If you were not driving erratically, the stop may have been unwarranted, and any evidence gathered from the stop will be suppressed. If evidence were suppressed, that would likely result in your DUI charges being dropped. We may also be able to convince the prosecutor to reduce your DUI charges, which will result in fewer severe penalties. It simply does not make sense to try and handle DUI charges on your own when having a skilled attorney can result in a much better outcome.
Hiring an Attorney Near You to Help with Your First-Time DUI Charges
At Greenberg, Greenberg & Kenyon, we know you have many choices for a DUI attorney. We also believe your choice will be clear once you have spoken to a DUI attorney at our firm. With a free consultation and a phone that is answered 24 hours a day, we are ready to help you get past this challenging time in the best way possible.
CONTACT A DUI LAWYER
If you have been charged with a first-offense DUI, our San Bernardino & Riverside DUI lawyers are here to help. Contact us today online or by telephone at (951) 382-0493 to speak with one of our knowledgeable San Bernardino or Riverside DUI attorneys. You need a strong criminal defense attorney following a DUI arrest. At Greenberg, Greenberg & Kenyon, we are a father/son team with over 80 years of combined criminal defense and litigation experience. Our prior experience as District Attorneys helps us know exactly how to negotiate on your behalf.
