First DUI Offense: What You Need to Know
A first-time DUI arrest in California is stressful and confusing, especially for people who have never dealt with the legal system. At Walia Law Firm we help clients protect their records, their driver’s licenses, and their futures while navigating every stage of the criminal and DMV process. It starts with a free DUI case evaluation so we can act before deadlines pass.
Understanding a First-Offense DUI
In California, a first DUI is generally charged as a misdemeanor under Vehicle Code §23152(a) (driving under the influence) and §23152(b) (driving with a BAC of 0.08% or higher). The fact that it is a first arrest does not mean the penalties are light-fines, education programs, probation, and a criminal record are all on the table. Our statewide DUI penalties guide explains how sentencing enhancements and priors change the stakes.
A first DUI arrest typically involves:
- A traffic stop or sobriety checkpoint
- Field sobriety tests, breath testing, or a blood draw
- A DMV notice that your license will be suspended
- A criminal court appearance to answer the charges
Drivers in the San Francisco Bay Area still have options. An experienced DUI defense attorney can often reduce exposure, negotiate alternative sentencing, or even challenge the case entirely with the strategies we detail on our DMV hearing and wet reckless pages.
Potential Penalties for a First-Offense DUI
Every county handles sentencing a little differently, but the ranges below illustrate what first-time offenders usually face if convicted.
| Penalty Type | Typical Range (First Offense) |
|---|---|
| Fines & Court Costs | $1,500 – $2,500 (total) |
| Driver’s License Suspension | 6 months (plus separate DMV suspension) |
| DUI School | 3–9 months depending on BAC |
| Probation | 3–5 years (informal) |
| Jail Time | Up to 6 months (often replaced by community service or work programs) |
| Ignition Interlock Device | Required up to 6 months in most Bay Area counties |
A First DUI and Your Driver’s License
A DUI arrest launches two parallel cases: a criminal prosecution and an administrative DMV proceeding. Even before you appear in court, the DMV can suspend your license unless you demand a hearing within 10 days. Our firm handles both tracks to preserve your driving privileges while we defend you in court. Learn what to expect before the hearing by visiting our DMV hearing resource.
Common Defenses We Explore
We analyze every piece of evidence-from the legality of the stop to the reliability of chemical testing-to identify leverage. Common defense strategies include:
- Lack of probable cause for the stop or arrest
- Improperly calibrated or maintained breath-testing equipment
- Mishandled blood samples or chain-of-custody violations
- Improperly administered field sobriety tests
- Rising BAC arguments showing alcohol levels increased after driving
- Violations of constitutional rights during the investigation
These challenges can suppress evidence, lead to charge reductions, or pave the way for dismissal. When reductions make sense, we pursue outcomes such as a wet reckless to minimize long-term impact or raise issues common in drug-related DUI cases.
Immediate Steps After a First DUI Arrest
- Contact a DUI defense attorney right away.
- Request the DMV hearing within 10 days to protect your license—use our DMV timeline guide so you do not miss the window.
- Gather and preserve paperwork, including the citation and DMV notices.
- Do not discuss the case with anyone besides your lawyer.
- Consider proactive steps such as early DUI class enrollment if advised.
Why Clients Choose Walia Law Firm
With more than 20 years of criminal defense experience, Attorney Ginny Walia has guided hundreds of first-time DUI clients throughout the Bay Area. Our team offers strategic case preparation, local insight, and clear, judgment-free communication with rapid response whenever you need us.
- Proven results in DUI and criminal defense matters
- Deep familiarity with Bay Area judges, prosecutors, and diversion options
- Personalized defense strategies tailored to your goals
- Compassionate counsel paired with aggressive courtroom advocacy
Areas We Serve
We represent clients across the San Francisco Bay Area, including Alameda, Contra Costa, Santa Clara, San Mateo, and San Francisco Counties. Whether you were arrested in Fremont, Oakland, San Jose, Pleasanton, Redwood City, or Walnut Creek, we are ready to help.
