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
Click Here To Contact Us Now


"Derek is a competent professional lawyer who knows how to get things done without the bureaucratic process found at most firms. I was in need of help quickly and Derek stepped up right away with the know how and tenacity to tackle any problem. I felt completely comfortable being out of town and having Derek take care of my issue and he solved it with ease. I recommend him greatly and would absolutely work with him in the future." Dan F


"After being cited for a Misdemeanor DUI, I was influenced by many to just face the consequences because "hiring a lawyer never works out in your benefit". I was terrified and confused until I met Mr. Devermont so I decided to take my chances. He assured me that I didn't have to worry anymore, and even at times where I wanted to give up he fought harder. My BAC was .11 but Derek managed to get my citation reduced to a dry reckless. I would highly recommend him to anyone!" Kelly B


"Derek Devermont is the best DUI lawyer anyone can ever ask for. Not only is he competent and industrious, Derek would go the extra mile for his clients to ensure the best possible outcome. I was unfortunately charged with DUI when I was 20 years old. Without me doing anything (appear in court, speak to the judge, etc), Derek won the case for me. Derek's favorite saying goes like this "don't worry, leave the worrying to me. I'm your lawyer." Thanks to Derek, I was able to keep my driving privileges, and preserve my life. He secured a not guilty verdict and erased any license suspension. " Jennifer F