A Guide to Your First Offense DUI

by | Oct 24, 2018 | DUI, News

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Driving while under the influence of alcohol is considered a crime. If you are charged with a first offense DUI you may receive a punishment that is less severe than if you had been charged for the same crime in the past. If you should find yourself in this unfortunate position, it is essential to know what to expect.

 

VC 23152 (a) or (b) – Driving Under the Influence

Every state handles first offense DUI cases differently, in California, the potentially punishments vary greatly between each county and even each courthouse within each county. There are 2 types of first-time offenses: Driving with a blood alcohol concentration (BAC), over .08 and Driving Under the Influence. In the state of California, you cannot be sentenced for both. The standard sentencing guidelines call for the following punishment for a first time DUI in San Diego County:

5 years of informal probation
A fine of $2,133.00
Participation in PSP (Probation’s Department Public Works Service Program)
This is usually reserved for high BAC cases
Mandatory Standard Alcohol Conditions which consist of:

  1. Not drive with any measurable amount of alcohol in blood.
  2. Submit to any test at the request of a peace officer for detection of alcohol and drugs.
  3. Violate no laws regarding driving a motor vehicle while under the influence or in the possession of alcohol or drugs.
  4. Not drive without a valid license and proof of insurance.

Attend the Mandatory First Conviction Program (FCP) for either 3, 6, or 9 months depending on your BAC at the time of arrest.
Attend the Driving Under the Influence Victim Panel (MADD)
Face the possibility of a license suspension put in place by the DMV
Receive a mandatory 1-year license suspension if under the age of 21
Reference to the Substance Abuse Assessment Unit (SAAU)
A mandatory VC 23593 advisal

Many people who face a first offense DUI are unaware of the multiple penalties they can face. If you are currently facing a DUI, it is best to have an attorney present who can guide you through the process.

 

Multiple DUI Offense Consequences

DUI charges can cause long-term consequences. Even if you receive probation and are not convicted, your sentence will be part of your record and can be used against you. With a first offense DUI, everything becomes complicated, but what if you get stopped a 2nd time or 3rd time? or if the DUI involves an injury?

 

VC 23152 (ab) or (b) – Driving Under the Influence with One Prior

Although the consequences will be much harsher, many of the first offense DUI punishments will be similar to the second time. These penalties will include:

5 years informal probation
A mandatory 96-hour custody
An experienced attorney can arrange alternatives to this mandatory custody, such as house arrest.
A fine of $2,635
Participation in PSP (Probation’s Department Public Works Service Program)Mandatory Standard Alcohol Conditions which consist of:

  1. Not drive with any measurable amount of alcohol in blood.
  2. Submit to any test at the request of a peace officer for detection of alcohol and drugs.
  3. Violate no laws regarding driving a motor vehicle while under the influence or in the possession of alcohol or drugs.
  4. Not drive without a valid license and proof of insurance.

Mandatory Multiple Conviction Program attendance Attend the Driving Under the Influence Victim Panel (MADD)
Face the possibility of a 12-month license suspension put in place by the DMV
Receive a mandatory 1-year license suspension if under the age of 21
Surrender license
Reference to the Substance Abuse Assessment Unit (SAAU)
Face a 1-30 day vehicle impound
A mandatory VC 23593 advisal

 

VC 23152 (a) or (b) – Driving Under the Influence with Two Priors

5 years informal probation
A mandatory 120 days in custody
A fine of $2,922
Mandatory Standard Alcohol Conditions which consist of:

    1. Not drive with any measurable amount of alcohol in blood.
    2. Submit to any test at the request of a peace officer for detection of alcohol and drugs.
    3. Violate no laws regarding driving a motor vehicle while under the influence or in the possession of alcohol or drugs.
    4. Not drive without a valid license and proof of insurance.

Mandatory Attendance at the Multiple Conviction Program
Attend the Driving Under the Influence Victim Panel (MADD)
DMV will revoke the license for 3 years
Receive a mandatory 1-year license suspension if under the age of 21
Surrender license
Face a 1-90 day vehicle impound
Mandatory designation as a habitual offender for 3 years
Reference to the Substance Abuse Assessment Unit (SAAU)
A mandatory VC 23593 advisal
Considered for the Ignition Interlock Device for a maximum of 3 years

 

VC 23153 – Driving Under the Influence with Injury (misdemeanor)

5 years informal probation
A mandatory 5-day custody hold
A fine of $2,584
Restitution to the victim
Participation in PSP (Probation’s Department Public Works Service Program)
Mandatory Standard Alcohol Conditions which consist of:

  1. Not drive with any measurable amount of alcohol in blood.
  2. Submit to any test at the request of a peace officer for detection of alcohol and drugs.
  3. Violate no laws regarding driving a motor vehicle while under the influence or in the possession of alcohol or drugs.
  4. Not drive without a valid license and proof of insurance.

Attend the Mandatory First Conviction Program (FCP) for either 3, 6, or 9 months depending on your BAC at the time of arrest.
Attend the Driving Under the Influence Victim Panel (MADD) 12-month license restriction or suspension put on by the DMV
Receive a mandatory 1-year license suspension if under the age of 21
Surrender license
Reference to the Substance Abuse Assessment Unit (SAAU)
A mandatory VC 23593 advisal
Heightened consideration to the Ignition Interlock Device if BAC is greater than 15%

 

Facing a DUI

There are many other factors that law enforcement and the courts consider when you face a DUI. These factors include whether or not you had any children in the car, you refused to take the DUI test, or if you were also engaging in reckless driving. Just remember that if you are charged with a DUI, getting the right legal help can lessen or dismiss these charges.

 

Getting Help from a DUI Attorney

A first, or second, or even third offense DUI are criminal charges and can cause long-term consequences. Griffin Law is a criminal law attorney and San Diego lawyer who specializes in DUI cases. Contact us for a free consultation where we will provide expert advice, including ways to beat a DUI, and how we can help to fight the charges.