Salinas First-Offense DUI Lawyer

Serving Monterey County & the Surrounding Areas 

Are you facing DUI charges in California for the first time? You may be worried about what comes next and what the consequences may be. At the Law Office of John Klopfenstein, our Salinas first-offense DUI lawyer understands that this can be a difficult time for you; he is here to help you navigate DUI charges and convictions. 

Attorney John Klopfenstein has handled thousands of criminal cases in California, including DUIs. We can help you understand the process, the penalties, and how to build a strong DUI defense for your first DUI charge.

Contact us today at (831) 610-5921 to speak to an attorney about your legal options.

What Happens When You Get Your First DUI? 

If you are convicted of a first-offense DUI, you will face a number of penalties, including fines, probation, and suspension of driving privileges. You may also have to complete an alcohol education program and install an ignition interlock device (IID) in your vehicle. In some cases, you may also have to pay restitution to the victims of the DUI.

Additional consequences of a first-time DUI conviction can include:

• A permanent criminal record
• Increased car insurance rates
• Loss of employment
• Difficulty finding new employment

These are just a few of the many reasons why you should fight DUI charges. An experienced lawyer can help you understand what your options are and how to build a strong defense.

First-Time DUI Penalties in California

Under California law, the penalties for a first-time DUI offense depend on the specific circumstances. This includes the defendant’s blood alcohol concentration (BAC) level, age, and whether or not there were any other factors involved that could make the DUI more serious.

First-time DUI penalties can include:

• Up to 6 months in county jail
• Up to $2,000 in fines and court fees
• Up to 10 months of DUI school
• Up to 5 years of probation
• Suspension of driving privileges

These penalties are for a standard first DUI offense with no other factors involved. The penalties increase significantly if your BAC was over .15%. Additionally, if you caused an accident that injured or killed someone, you will be charged with felony DUI and face much more serious penalties.

How to Fight a First-Offense DUI

You may be worried that you will face a first-time DUI conviction no matter what, but that is not the case. There are many ways to build a strong defense against DUI charges, and an experienced lawyer can help you do so. In some cases, it may be possible to get the charges reduced or even dropped completely.

Some common first DUI defense strategies include:

• Questioning the traffic stop: In order to pull you over, a law enforcement officer must have probable cause. If the traffic stop was not legal, any evidence collected during that stop may be inadmissible.
• Challenging the field sobriety tests: Field sobriety tests are not always accurate, and there are many factors that can affect the results. An experienced lawyer can help you challenge the results of these tests.
• Challenging the breathalyzer test: Breathalyzer tests are not always accurate, either. An experienced lawyer can help you challenge the results of a breathalyzer test.
• Challenging the blood test: Blood tests are generally the most accurate way to determine blood alcohol concentration (BAC), but there are many factors that can affect the results. An experienced lawyer can help you challenge the results of a blood test.
• Challenging the breath test: A breath test is not the same thing as a breathalyzer test. A breath test is a roadside test that is used to determine whether or not you have been drinking. An experienced lawyer can help you challenge the results of a breath test.
• Challenging the arrest: In order to make a DUI arrest in California, a law enforcement officer must have probable cause. If the arrest was not legal, any evidence collected after the arrest may be inadmissible.
• Challenging the field sobriety tests: Field sobriety tests are not always accurate, and there are many factors that can affect the results. An experienced lawyer can help you challenge the results of these tests.
• Challenging the breathalyzer test: Breathalyzer tests are not always accurate, either. An experienced lawyer can help you challenge the results of a breathalyzer test.
• Challenging the blood test: Blood tests are generally the most accurate way to determine blood alcohol concentration (BAC), but there are many factors that can affect the results. An experienced lawyer can help you challenge the results of a blood test.
• Challenging the breath test: A breath test is not the same thing as a breathalyzer test. A breath test is a roadside test that is used to determine whether or not you have been drinking. An experienced lawyer can help you challenge the results of a breath test.
• Challenging the arrest: In order to make a DUI arrest in California, a law enforcement officer must have probable cause. If the arrest was not legal, any evidence collected after the arrest may be inadmissible.

These are just a few of the many ways to build a strong defense against DUI charges. An experienced lawyer can help you understand what your options are and how to fight for the best possible outcome.

First-Offense DUI with Injury

If you caused an accident that injured someone while driving under the influence, you will face much more serious penalties. This is true even if this is your first DUI offense and you have no prior criminal record. A first-offense DUI with injury can be charged as a misdemeanor or a felony, depending on the specific circumstances of the case.

Penalties for a first-offense DUI with injury can include:

• Up to 1 year in county jail (misdemeanor) or up to 3 years in state prison (felony)
• Up to $5,000 in fines and court fees
• Up to 30 months of DUI school
• Up to 5 years of probation
• Suspension of driving privileges
• Restitution to the victims of the DUI

These are just a few of the many reasons why you should take DUI charges seriously. An experienced lawyer can help you understand what your options are and how to build a strong defense.

Circumstances Leading to a Felony DUI

In California, a DUI can be charged as a felony under the following conditions:

1. Multiple DUI Convictions

If you have three or more prior DUI convictions within a ten-year period, a fourth DUI can be charged as a felony. Prior convictions include DUIs, wet reckless driving, and other DUI-related offenses.

2. DUI Causing Injury

If you cause bodily injury to another person while driving under the influence, you can be charged with a felony DUI. The severity of the injuries and the circumstances of the accident can influence the charges and potential penalties.

3. DUI Causing Death

If a DUI incident results in the death of another person, you can be charged with felony DUI. In these cases, charges may include vehicular manslaughter while intoxicated or even second-degree murder, depending on the circumstances.

4. Prior Felony DUI Conviction

If you have a prior felony DUI conviction on your record, any subsequent DUI charge will also be filed as a felony, regardless of whether the new incident involves injury or death.

Call us today at (831) 610-5921 or contact us online to schedule a consultation with our experienced DUI attorney near you.