Laguna Beach First DUI Defense Attorney

What is a DUI in California?

In California, Driving Under the Influence (DUI) is defined as operating a vehicle while impaired by alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher. For drivers under 21, the limit is 0.01%, and for commercial drivers, it's 0.04%.

There are two main DUI charges you could face in a first offense:

• Vehicle Code § 23152(a) – Driving under the influence of alcohol or drugs.
• Vehicle Code § 23152(b) – Driving with a BAC of 0.08% or higher.

You can be charged under both sections, but they typically merge into one penalty. Even if your BAC was below the legal limit, erratic or impaired driving could still result in a DUI charge.

What Happens After Getting Arrested for a DUI for the First Time?

A first-time DUI arrest in Laguna Beach typically unfolds in the following steps:

1. The Arrest: Police may stop your vehicle for a traffic violation or at a DUI checkpoint. If they suspect impairment, they'll conduct field sobriety tests and possibly a preliminary breath test. If they believe you're under the influence, they’ll arrest you and take you into custody.
2. Chemical Testing: Once arrested, you're required to submit to a blood or breath test under California’s Implied Consent Law. Refusing can lead to harsher penalties and a longer license suspension.
3. License Suspension: After your arrest, the officer will confiscate your driver’s license and issue a pink temporary license. You have only 10 days to request a DMV hearing to contest your automatic suspension. If you miss the deadline, your license will be suspended automatically.
4. Court Proceedings: Your criminal case is separate from the DMV hearing. You’ll receive a court date where you’ll be formally charged. This is where having a skilled Laguna Beach first DUI defense lawyers becomes crucial. We can negotiate with the prosecutor, explore potential defenses, or seek alternative sentencing options.

First DUI Penalties

While a first DUI is usually charged as a misdemeanor, the consequences can still be severe:

Criminal Penalties:

• Fines: Between $390 and $1,000 (plus penalty assessments, bringing the total to about $2,000–$3,000).
• Jail Time: Up to 6 months in Orange County Jail (often converted to community service or alternative sentencing).
• Probation: 3 to 5 years of informal (summary) probation.
• DUI Education Program: Typically a 3- or 9-month course, depending on BAC level.
• License Suspension: 6 to 10 months (may be converted to a restricted license after installation of an ignition interlock device).

DMV Penalties:

• License Suspension: 4 months for a first offense unless successfully challenged at the DMV hearing.
• Ignition Interlock Device (IID): Required in most cases for at least 6 months to drive without restriction.

Other consequences may include increased insurance premiums, potential employment issues, and a permanent mark on your criminal record.

First DUI Offense FAQs

Will I go to jail for a first DUI in Laguna Beach?
Jail time is possible but often avoidable for first-time offenders. Alternative sentencing, such as community labor or home confinement, may be available. An experienced DUI lawyer can argue for reduced or alternative penalties.

Can I drive after a DUI arrest?
Yes, but only temporarily. After your arrest, you receive a temporary license valid for 30 days. To keep driving beyond that, you must request a DMV hearing within 10 days and may need to install an IID.

What if I refused the breath or blood test?
Refusal triggers an automatic one-year license suspension for a first offense, regardless of the outcome of your DUI case. The refusal can also be used against you in court as evidence of guilt.

Can a DUI charge be dismissed?
Yes. DUI charges can be dismissed or reduced due to lack of probable cause, improper testing procedures, rights violations, or other legal errors. Your attorney will evaluate the case for any opportunities to challenge the charges.

Do I need a lawyer for my first DUI?
Absolutely. A qualified Laguna Beach first DUI defense attorney can challenge the prosecution’s evidence, represent you at your DMV hearing, and work to reduce or dismiss the charges. Representing yourself could result in more severe penalties.

Why Choose Braden & Tucci?

At Braden & Tucci, we have a proven track record of successfully defending first-time DUI clients throughout Orange County. We know the local courts, prosecutors, and DMV procedures inside and out. Our DUI defense strategies are tailored to your unique case and focus on minimizing or eliminating long-term consequences.

What We Offer:

• Free, confidential case evaluations
• Aggressive DUI defense from experienced attorneys
• DMV hearing representation
• Assistance with restricted license and IID applications
• Bilingual services available

Call (949) 996-0170 now or fill out our online contact form to schedule your free consultation with a dedicated Laguna Beach first DUI defense attorney.