First DUI Offense

In California, DUI penalties are set forth by strict state statutes. When a person is convicted of driving under the influence of alcohol or drugs, the judge will refer to these statutes in order to decide upon a reasonable sentence. In all DUI cases, the penalties for DUI offenders are based on a variety of factors including the facts and circumstances surrounding the individual’s DUI arrest, the individual’s blood alcohol concentration results, local policies, and the ability of the prosecutor assigned to the case.

On certain occasions, DUI penalties for first time offenders are subject to enhancement. These enhancements may occur if the offender was speeding 20 mph over the legal limit, refused to submit to blood alcohol testing, or if the offender had a minor below the age of fourteen in the car with him or her at the time of the arrest.

For a first time DUI offender, the individual can expect to be sentenced to:

• Jail: 48 hours to 6 months
• Fine: $390.00 to $1,000.00, with possible penalty assessments
• License Suspension: Up to 6 months
• Treatment Program: Mandatory attendance in an alcohol treatment program
• If the individual’s BAC result was less than 0.20%, 3 months attendance in a treatment program is required
• If the individual’s BAC result was greater than 0.20%, 6 months attendance in a treatment program is required.

The penalties associated with an individual’s criminal court proceeding are completely separate from any punishment which may be dispensed as a result of an unsuccessful Administrative Per Se Hearing (APS) conducted by the Department of Motor Vehicles (DMV).

Devermont & Devermont
Attorneys at Law

429 Santa Monica Blvd. #210   •   Santa Monica, CA 90401
Toll-Free: (888) 900-6666   •   Cell-Phone: (310) 393-0308
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