Mission Viejo 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 and/or drugs. Specifically, a DUI can be charged if:

• Your blood alcohol concentration (BAC) is 0.08% or higher for adult drivers.
• You are under 21 years old with a BAC of 0.01% or more (“zero tolerance” rule).
• You are driving a commercial vehicle with a BAC of 0.04% or higher.
• You are impaired by drugs, alcohol, or a combination of both, regardless of BAC.

Even if you feel fine or passed certain field sobriety tests, you can still be arrested if law enforcement believes you were impaired. Breathalyzer and blood test results play a major role in DUI cases, but they are not always accurate. Our Mission Viejo first DUI defense attorney can challenge the legality of your stop, the accuracy of test results, and the procedures officers used during your arrest.

What Happens After Arrest?

After a DUI arrest in Mission Viejo or anywhere in Orange County, you will go through several legal steps. Understanding this process can help you take action quickly and avoid costly mistakes.

1. DMV License Suspension

You only have 10 days from the date of your arrest to request a DMV hearing to challenge the automatic suspension of your driver’s license. If you miss this deadline, your license will be suspended—often for up to four months for a first offense.
Your attorney can represent you during this hearing and fight to keep your driving privileges.

2. Criminal Court Process

DUI charges involve both administrative (DMV) and criminal proceedings. In criminal court, you’ll face the prosecution, who must prove beyond a reasonable doubt that you were driving under the influence. Your defense lawyer can contest evidence such as:

• The legality of the traffic stop
• Accuracy of chemical testing
• Field sobriety test procedures
• Officer reports and observations

3. Arraignment and Plea

During your arraignment, you will enter a plea of guilty, not guilty, or no contest. Having a Mission Viejo DUI defense attorney present ensures that you understand your rights and any potential consequences before making this critical decision.

4. Negotiation or Trial

Many first-time DUI cases can be resolved through negotiation, possibly resulting in reduced charges (like “wet reckless”) or lighter penalties. However, if your case goes to trial, Braden & Tucci will build a compelling defense to challenge the prosecution’s evidence.

First DUI Offense Penalties

A first DUI conviction in California can result in both criminal penalties and administrative consequences. While the court has some discretion, penalties can include:

• Jail time: Up to 6 months in county jail (though many first offenders avoid this with strong legal representation)
• Fines and fees: Between $1,500–$2,500 including court costs
• License suspension: 4 to 10 months (possible restricted license for work or school)
• DUI school: 3 to 9 months of alcohol education classes
• Probation: 3 to 5 years of informal probation
• Ignition Interlock Device (IID): Mandatory installation in some cases

These penalties can vary based on BAC level, whether there was an accident, or if there were minors in the vehicle.

The consequences of a first DUI conviction extend beyond fines or license suspension—it can also impact your insurance rates, employment opportunities, and criminal record.

Common Defenses to First DUI Charges

At Braden & Tucci, we use a detailed, evidence-driven approach to develop the strongest defense possible. Common DUI defenses may include:

• Unlawful traffic stop: Police must have reasonable suspicion to pull you over.
• Faulty chemical testing: Breathalyzers and blood tests can produce inaccurate readings.
• Improper police procedure: Officers must follow specific guidelines when making an arrest.
• Medical conditions: Certain health issues can mimic signs of intoxication.
• Rising BAC defense: Your blood alcohol level may have risen after you stopped driving.

Every DUI case is unique, and our attorneys tailor each defense to the facts of your situation.

First DUI FAQs

Will I lose my license after a first DUI arrest?

Not automatically. You have 10 days to request a DMV hearing to challenge the suspension. A lawyer can help you protect your driving privileges.

Can a first DUI be dismissed?

Yes, depending on the facts of your case. If there were procedural errors, unreliable evidence, or lack of probable cause, your attorney can seek to have the charges reduced or dismissed.

Do I have to go to court for a first DUI?

In most cases, yes—but your attorney can often appear on your behalf, especially for misdemeanor charges, saving you time and stress.

How long does a DUI stay on my record in California?

A DUI conviction typically remains on your record for 10 years and is considered a prior offense if you are charged again during that period.

Can I avoid jail for a first DUI?

Many first-time offenders avoid jail by completing DUI school, community service, or probation—especially with an experienced defense lawyer negotiating on their behalf.