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.
First-Time DUI Offense FAQ
When can you get a DUI in California?
In California, you can be charged with driving under the influence if you are caught driving with a blood alcohol concentration (BAC) of .08% or higher. If you are under the legal drinking age of 21, you can be arrested for DUI if your BAC is .01% or higher. This is considered a “zero-tolerance” policy, and the penalties for a first-time underage DUI offense can be quite severe.
What is the legal limit for a DUI in California?
The legal limit for a DUI in California is a blood alcohol concentration (BAC) of .08%. If you are caught driving with a BAC at or above this limit, you will be arrested and charged with DUI. However, it is important to note that you can still be arrested for a BAC under .08% if you show signs of impairment.
Is it worth getting a lawyer for a first-time DUI?
Yes, it is always worth getting a lawyer if you are facing DUI charges. A DUI conviction can have serious consequences, including a permanent criminal record, driver’s license suspension, and even jail time. An experienced lawyer can help you understand what comes next, what your options are, and how to build a strong defense.
What are the chances of going to jail for a first-time DUI?
It is possible to go to jail for a first-time DUI offense in Salinas or anywhere in California. The specific penalties depend on the circumstances of the case, including your blood alcohol concentration (BAC) level. A standard first-time DUI offense can result in up to 6 months in county jail, but the penalties increase significantly if your BAC was over .15% or if you caused an accident that injured or killed someone.
How much does a DUI cost in California?
A DUI conviction can be very expensive, and the costs can continue to add up over time. In addition to fines and court fees, you may also have to pay for probation costs, alcohol education classes, and more. You may also lose your job and have difficulty finding new employment with a DUI conviction on your record.
Can I refuse a breathalyzer test?
Under California's implied consent law, if you refuse a chemical test (breath, blood, or urine) after being lawfully arrested for DUI, you can face additional penalties. These may include a one-year license suspension for a first refusal, fines, and potentially harsher penalties if convicted of DUI. If you have multiple DUIs these penalties may get harsher.
What should I do if I am pulled over for suspected DUI?
- Remain Calm: Stay polite and respectful with the officer.
- Provide Documentation: Offer your driver’s license, registration, and proof of insurance upon request.
- Avoid Self-Incrimination: You have the right to remain silent. Politely decline to answer questions about your activities or consumption of alcohol.
- Chemical Tests: Be aware that refusing a chemical test after arrest can lead to additional penalties.
Can I get my DUI charge reduced or dismissed in California?
Yes, it is possible to get a California DUI charges reduced or dismissed, depending on the specifics of your case. Common defenses include:
- Challenging the Traffic Stop: Questioning the legality of the initial stop.
- Disputing BAC Test Results: Examining the accuracy and administration of breathalyzer or blood tests.
- Highlighting Procedural Errors: Identifying any violations of your rights during the arrest process.
- Negotiating with Prosecutors: Seeking reduced charges or alternative sentencing options.
Will a DUI conviction affect my criminal record?
Yes, a DUI conviction will appear on your criminal record, which can impact employment opportunities, insurance rates, and more. However, it may be possible to have the conviction expunged (removed) from your record after fulfilling the terms of your sentence and probation.
Why Choose the Law Office of John Klopfenstein?
After being arrested for DUI, you may be worried about what comes next. You may also be wondering how you can afford a lawyer. At the Law Office of John Klopfenstein, we understand that this can be a difficult time for you, and we are here to help.
When you choose our firm, you can expect:
- Direct access to your attorney
- initial consultation
- A thorough review of your case
- Clear and open communication
- Aggressive representation
Our Salinas first-offense DUI lawyer will work closely with you to build a strong defense and help you fight for the best possible outcome.
Schedule a Consultation Today
If you are facing DUI charges for the first time, you need a lawyer on your side. Our experienced DUI attorney can help you understand what comes next and what your options are. We will fight for you every step of the way and help you fight for the best possible outcome. We are proud to serve clients in Salinas, Visalia, Fresno, and throughout the surrounding areas.
Call us today at (831) 610-5921 or contact us online to schedule a consultation with our experienced Salinas first-time DUI defense lawyer.
