Anaheim First DUI Defense Attorney

What is a DUI in California?

Under California Vehicle Code §23152, it is illegal to operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both. A driver is typically charged with a DUI if:

• Their blood alcohol concentration (BAC) is 0.08% or higher (for drivers 21 and over).
• They are impaired by alcohol or drugs, even if their BAC is below the legal limit.
• They are under 21 years old with a BAC of 0.01% or higher (zero-tolerance law).
• They are commercial drivers operating with a BAC of 0.04% or higher.

In California, DUI charges can be based on either per se intoxication (based solely on BAC level) or impairment (based on observed driving behavior and officer testimony).

A first DUI is generally charged as a misdemeanor, but the consequences can still be severe, especially if an accident, injuries, or property damage occurred.

What Happens After I'm Arrested?

A first DUI arrest triggers two separate legal processes: a criminal case and a Department of Motor Vehicles (DMV) administrative action. Understanding each is crucial to protecting your rights.

1. The Arrest and Chemical Test

After being pulled over, if the officer suspects impairment, you may be asked to perform field sobriety tests and submit to a breath or blood test. Refusing a chemical test can lead to automatic license suspension under California’s implied consent law.

2. The DMV Hearing

After your arrest, the officer will confiscate your driver’s license and issue a pink temporary license valid for 30 days. You have only 10 days to request a DMV hearing to contest the automatic suspension of your license. Failing to request this hearing results in automatic suspension, even if your criminal case is later dismissed.

An experienced Anaheim first DUI defense attorney from Braden & Tucci can represent you at the DMV hearing, cross-examine the arresting officer, and challenge the validity of the test results or the stop itself.

3. The Criminal Court Process

Your criminal case will be handled in Orange County Superior Court. At your arraignment, you’ll be formally charged and asked to enter a plea (guilty, not guilty, or no contest).
If you plead not guilty, your attorney can begin building a defense by:

• Examining police reports and video evidence
• Reviewing chemical test results for accuracy
• Investigating whether your rights were violated
• Negotiating with prosecutors for reduced charges or alternative sentencing

First DUI Offense Penalties

Even for a first-time offender, a DUI conviction in California carries serious penalties. The consequences depend on several factors, including your BAC level, whether an accident occurred, and whether anyone was injured.

Typical first DUI penalties in Anaheim may include:

• Fines and fees: Between $1,500 and $2,500 (including court costs).
• Jail time: Up to 6 months in county jail (often suspended or converted to probation).
• Probation: Usually 3 to 5 years of informal probation.
• License suspension: 6-month suspension, though you may qualify for a restricted license.
• DUI school: 3 to 9 months of alcohol education classes.
• Ignition interlock device (IID): Required for most offenders to regain driving privileges.

For first-time offenders, our attorneys often work to secure alternative sentencing options, such as:

• Community service or volunteer work
• Participation in a rehabilitation program
• Reduced charges (e.g., “wet reckless”)

Our goal at Braden & Tucci is to minimize the impact of a DUI on your record, your freedom, and your future opportunities.

First DUI FAQs

Can I avoid jail for a first DUI in California?

Yes, many first-time offenders avoid jail through probation, community service, or participation in alcohol education programs. An experienced Anaheim first DUI defense attorney can often negotiate these alternatives.

Will I lose my driver’s license right away?

Not immediately. You’ll receive a 30-day temporary license, but you must request a DMV hearing within 10 days of your arrest to fight the suspension.

Can a first DUI be reduced to reckless driving?

In some cases, yes. Known as a “wet reckless”, this reduced charge carries fewer penalties and no mandatory license suspension.

Will a first DUI stay on my record forever?

A DUI conviction typically stays on your driving record for 10 years, but you may be eligible to expunge it from your criminal record after completing probation.

Do I need an attorney for a first DUI?

Absolutely. Even a first DUI can have long-term effects on your record, insurance rates, and employment. Having an experienced defense lawyer can protect your rights and improve your outcome.

Contact an Anaheim First DUI Defense Attorney Today

If you’re facing your first DUI in Anaheim, don’t face the system alone. At Braden & Tucci, we provide aggressive, compassionate, and results-driven legal representation for first-time DUI offenders.

Contact our office today to schedule a free consultation.