Defenses to First Offense Misdemeanor DUI & Potential Consequences
A first offense misdemeanor DUI is typically alleged as a violation of Vehicle Code section 23152 (a) and (b). If a person has never been convicted of a DUI or "wet reckless" before, or the arrest for the prior conviction occurred more than 10 years before the new DUI arrest, then the person is facing a first offense DUI charge. If the offense is not for driving under the influence of alcohol, but of drugs or the combined influence of alcohol or drugs, then the offense will be alleged as a violation of 23152 (f) or (g).
Defenses to First Offense DUIs
For over 30 years our firm has defended thousands of DUI cases. Our firm wrote the leading treatise on DUI defense used by DUI attorneys across the country. We have obtained countless not guilty verdicts in DUI trials, including serious felony DUIs, and have obtained dismissals on even more DUI cases before trial.
There are many defenses that may be applicable to your case. You can learn more about drunk driving defenses here.
Bartell, Hensel & Gressley's team of DUI attorneys have offices in Temecula and Riverside. Bartell, Hensel & Gressley's DUI lawyers are happy to meet with you at any time to discuss the potential defenses in your case. We defend cases primarily in Riverside and San Bernardino County, Orange County, but also Mammoth DUIs, Victorville DUIs, and more.
Potential Punishments for First Offense DUI
A first offense DUI carries a maximum punishment of a $1,000.00 fine and 6 months in jail. First offense misdemeanor DUIs without injury almost never come with an actual jail sentence. If there is any custody time imposed, it is typically served on house arrest or on a work release program. The fines are also often significantly higher than $1,000.00 once penalty assessments and court fees are added in.
Potential License Suspension for First Offense DUI
Persons facing a first offense DUI arrest may potentially have their driving privileges suspended two separate ways. First, the DMV will automatically suspend a person's driving privilege for four months 30 days after a DUI arrest unless the driver requests a hearing with the DMV within 10 days of the date of the arrest. This DMV hearing is wholly separate from any court proceedings. A person can also lose their license if they are convicted of DUI in court. Upon a conviction for first offense DUI, the court notifies the DMV of the conviction, and the DMV will impose a six month suspension.
Restricted License Options for First Offense DUI
First offenders are eligible for a restricted license to drive to and from work or school during the suspension period. There are two options to remain on the road after January 1, 2019. The first option is that a driver can sit out 30 days of the four month suspension, enroll in a DUI class, obtain a SR22, and then apply for a restricted license to drive to and from work/school. As a second option, the person can elect to install an Ignition Interlock Device (IID), and not sit out 30 days of the four month suspension, and immediately get back on the road.
Who You Hire Makes the Difference
Bartell, Hensel & Gressley has defended thousands of DUI cases, and our lawyers train other attorneys across the nation on DUI defense. Our firm wrote the leading treatise on DUI defense, which is used by lawyers across the country. Who you hire can make all the difference in your case. Call us today at (951) 788-2230 to get our team of DUI lawyers on your case.
Bartell, Hensel & Gressley has offices in Temecula and Riverside, and practices throughout Riverside, San Bernardino, Rancho Cucamonga, Murrieta, and Orange County.