Irvine First DUI Defense Lawyer

What is Considered a DUI in California?

In California, a DUI (Driving Under the Influence) charge can result from operating a motor vehicle while impaired by alcohol, drugs (including prescription or over-the-counter), or a combination of both. You can be charged with a DUI if:

• You have a Blood Alcohol Concentration (BAC) of 0.08% or higher (for most adult drivers).
• You are under 21 years old with a BAC of 0.01% or more.
• You are a commercial driver with a BAC of 0.04% or more.
• You are impaired by drugs or a combination of alcohol and drugs, regardless of BAC.

Importantly, you can be charged with a DUI even if your BAC is below the legal limit, as long as the officer believes your ability to operate the vehicle was impaired.

California law also has a “per se” DUI statute under Vehicle Code § 23152(b), which makes it illegal to drive with a BAC of 0.08% or higher, regardless of actual impairment.

What Happens After a DUI Arrest?

If you are arrested for a first-time DUI in Irvine, several legal and administrative processes are set into motion:

1. License Suspension

Upon arrest, the officer will typically confiscate your driver’s license and issue a temporary 30-day license. The DMV will automatically begin the process to suspend your license unless you request a DMV hearing within 10 days of your arrest.

2. Criminal Charges

You will be charged with a misdemeanor DUI and must appear in criminal court. The prosecution will present evidence including breath or blood test results, the officer’s observations, and field sobriety test performance.

3. Court Proceedings

Your case will go through several stages:

• Arraignment: where you enter a plea.
• Pretrial motions and negotiations.
• Trial (if no plea agreement is reached).

Our team will examine the evidence, challenge unlawful police procedures, and negotiate for lesser charges or alternative sentencing when possible.

4. Possible Jail Time and Fines

Even a first DUI can result in jail time, probation, and significant financial penalties. Our experienced defense attorney can often reduce or eliminate jail time and help you qualify for alternative sentencing like community service or DUI school.

First DUI Conviction Penalties

A first-time DUI conviction in California comes with both criminal penalties and administrative consequences. While exact penalties vary depending on the circumstances (e.g., BAC level, presence of minors in the vehicle, accident involvement), typical first-offense penalties include:

• License Suspension: Up to 6 months by the court (and potentially an additional 4-month administrative suspension by the DMV).
• Fines and Fees: Totaling between $1,500 and $2,500 including court assessments.
• Jail Time: Up to 6 months in county jail (often waived for probation).
• Probation: 3 to 5 years of informal probation.
• DUI Education Program: 3 to 9 months (30 to 60 hours).
• Ignition Interlock Device (IID): Installation may be required for up to 6 months.
• SR-22 Insurance Requirement: You will need to obtain and maintain high-risk auto insurance.

In some cases, you may be eligible for a restricted license that allows you to drive to work and DUI classes if you install an IID and meet other requirements.

First-Time DUI FAQs

Is a first DUI a felony in California?

No. A first-time DUI is usually charged as a misdemeanor. However, it can be charged as a felony if someone was injured or killed, or if there are prior felony DUI convictions.

Will I lose my license after a first DUI?

Possibly. The DMV may impose a separate license suspension even before your court case is resolved. Acting quickly to request a DMV hearing within 10 days of your arrest can help protect your driving privileges.

Can I avoid jail for a first DUI?

Yes. In many cases, first-time offenders may avoid jail time through alternative sentencing, such as community service, electronic monitoring, or participation in a DUI program—especially with strong legal representation.

Can a DUI be expunged from my record?

Yes. After completing probation and all terms of your sentence, you may petition the court for expungement. If granted, the conviction is dismissed from your criminal record for most purposes.

Do I need a lawyer for a first DUI?

Absolutely. A DUI conviction can impact your job, license, insurance rates, and future. Our Irvine first DUI defense attorney can investigate your case, challenge improper procedures, and fight for reduced charges or case dismissal.

Contact Us Today

Don’t face your first DUI charge alone.  Our team will review your case, explain your options, and begin building a strong defense to protect your rights and future.

Call (949) 996-0170 or fill out our online contact form today to schedule a free consultation with an experienced Irvine first DUI defense lawyer.