What to Expect When Arrested for a California DUI First Offense

An incredible 22 million drivers are licensed in the state of California. It is assumed that when a license is granted the driver has been well educated in the rules of the road, knows how to operate a car, and is fully aware of the driving laws in California and the consequences of not following them.

Then why is it that in 2007 there were over 200,000 drivers arrested in the state of California on DUI charges and, in fact, that every single year those who are intoxicated will still stubbornly take the chance of getting behind the wheel of their automobile? The one being charged may not even realize just how serious the consequences will be even if this is their first DUI offense in California. In both a court of law and at the Department of Motor Vehicles, drivers with a DUI will face unpleasant penalties.

In what is termed an administrative per se hearing or APS, the DMV of California will first try to have the driver's license suspended as a result of their breaking of the law regardless of the fact that it is their first DUI offense. The California Department of Motor Vehicles will automatically begin the process of a suspension of the driver's license if no hearing has been requested by the driver charged within the ten day window of time they are given to do so. The chances of success are poor for the driver who has been charged, even if he or she has been successful in being granted an administrative hearing.

Factors such as whether the driver had a BAC of .08% or greater, refused to take a chemical test or has past DUI convictions will heavily influence the success or failure of an APS hearing. With the objective for the driver in question being able to keep their driving privileges, it is always a good idea for him or her to hire a California DUI criminal defense lawyer to represent and fight for them during the APS hearing.

Whether or not the driver being charged had agreed to take a chemical test or had refused to will influence the punishment decided upon by the DMV if this is a first offense charge of DUI. For the next three years which follow the outcome of their case, California drivers charged with their first DUI offense who had agreed to take a chemical test may only have to follow the requirements necessary to file a formal proof of financial responsibility with the DMV that they have insurance and endure a four month suspension of their license. In some cases a restricted license may be given to a driver following their first California DUI offense which allows them to travel only to certain locations, such as alcohol awareness programs and to work, but enrollment in alcohol awareness classes is always mandatory whether or not the restricted license is granted.

A much more severe punishment will be faced by those drivers on a first time DUI offense who absolutely refuse to take a chemical test. Consequences will be serious as these drivers face a license suspension of one year and give up any opportunity of obtaining a restricted license at any time during those 12 months. A driver convicted of DUI will have to file an SR-22 form with the DMV if they want their license to be reinstated after the period of suspension has ended.

In court, a first offense fine of from $390 to $1,000 will be absolutely required of any driver who has been found guilty of driving under the influence. It is unfortunate and difficult to predict, but the punishment for a first offense DUI in California may not be minor. By sticking to the probation period granted them a driver may not face jail time, but there is the chance that even though they accepted the probation period from the courts and accept this punishment they still might be put in jail for up to 6 months if they fail to comply with their probation. You may spend anywhere from 96 hours to 6 months in a jail if you are not granted a probation period after your very first offense of DUI in California. The length of your jail sentence will be dependent upon the circumstances surrounding your case.

Even though DUI offenses continue to occur in California every year, there are some drivers foolish enough to have not learned from their first DUI offense who will again break the law and suffer more serious consequences. With two excellent objectives to keep in mind, being responsible as a driver and striving to follow the laws in place in the state of California at all times will not only keep the roads safe for fellow citizens but will also spare you the trouble and embarrassment of facing the offense of Driving Under the Influence.

Additional resources

SR22 Insurance Quotes
SR22 Insurance California