Newport Beach First DUI Defense Attorney
Facing a DUI Charge for the First Time? We Can Help!
If you’ve been arrested for a first DUI offense in Newport Beach, CA, it’s normal to feel overwhelmed, confused, and anxious about what lies ahead. A DUI conviction can have lasting consequences—not only legal penalties but also potential damage to your career, reputation, and freedom. At Braden & Tucci, we understand what’s at stake. Our experienced Newport Beach first DUI defense attorneys are here to protect your rights, guide you through the process, and fight for the best possible outcome.
Call (949) 996-0170 or contact us online today to speak with our first DUI defense lawyer in Newport Beach.
What is Considered a DUI in California?
Under California Vehicle Code § 23152, it is illegal to operate a motor vehicle:
- With a Blood Alcohol Content (BAC) of 0.08% or higher for drivers 21 and older
- With a BAC of 0.01% or higher for drivers under 21 (zero tolerance)
- While under the influence of alcohol, drugs, or a combination of both—regardless of your BAC
A person can be charged with a DUI even if their BAC is below the legal limit if law enforcement believes their ability to drive safely was impaired.
California law also includes Drug DUIs, which apply to illegal drugs, prescription medications, and even over-the-counter drugs if they impair your driving ability.
What Happens After a DUI Arrest?
Getting arrested for a DUI in Newport Beach sets off two separate but interconnected processes:
DMV Administrative License Suspension
You have just 10 days from the date of your arrest to request a hearing with the DMV to challenge the automatic suspension of your driver’s license. If you fail to request this hearing in time, your license will be suspended automatically.
Criminal Court Proceedings
DUI charges are handled in Orange County criminal court, and you will be required to appear in court to address the criminal aspect of your case. Your first court date is typically an arraignment, where you enter a plea and receive information about the charges against you.
Our skilled DUI defense attorneys at Braden & Tucci will represent you at both the DMV hearing and in criminal court, fighting to protect your driving privileges and work toward dismissal or reduction of charges.
First DUI Conviction Penalties
Although a first DUI is typically charged as a misdemeanor in California, the penalties can still be severe, especially without skilled legal representation.
Possible penalties for a first DUI offense in Newport Beach include:
- Fines and Assessments: Totaling between $1,500 and $2,500
- License Suspension: 6 months through the court, with additional DMV suspension
- DUI Education Program: 3 to 9 months, depending on BAC
- Probation: Informal probation for 3 to 5 years
- Jail Time: Up to 6 months in county jail (often reduced or waived with legal negotiation)
- Ignition Interlock Device (IID): May be required for license reinstatement
Aggravating factors—such as having a high BAC, causing an accident, or having a minor in the vehicle—can enhance these penalties. The best way to mitigate or avoid these consequences is to work with an experienced Newport Beach first DUI defense lawyer who understands how to challenge evidence and negotiate with prosecutors.
FAQs About First DUI in Newport Beach, CA
Will I go to jail for a first DUI in California?
Jail time is possible but not guaranteed. With the help of a skilled defense attorney, many first-time DUI offenders can avoid jail through alternative sentencing options like community service, probation, or DUI school.
Can I keep my driver’s license after a DUI arrest?
You must act quickly—request a DMV hearing within 10 days of your arrest. Your license may still be suspended, but an attorney can help you obtain a restricted license or fight for full reinstatement.
How long will a DUI stay on my record in California?
A DUI conviction will stay on your criminal record permanently, but it will generally count as a prior offense for 10 years when determining penalties for future DUIs.
Can I fight a DUI charge even if I failed the breathalyzer?
Absolutely. Breathalyzers are not infallible—improper calibration, administration errors, and medical conditions can lead to false readings. A DUI attorney can challenge the validity of the test results.
Is a first DUI a felony in California?
No, a first DUI is typically a misdemeanor unless it involved an accident with serious injury or death, or if other felony-level enhancements apply.
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What sets us apart:
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Zealous, Individualized Representation for Your Case
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Proven Successes in Trial, in Court & with the DMV
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Certified in Alcohol Screening & Field Sobriety Testing
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Southern California’s Most Respected DUI Attorney
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Former President of the CA DUI Lawyers Association
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Southern California’s Most Aggressive and Successful DUI Attorney
How We Defend First DUI Charges
At Braden & Tucci, we take a personalized, aggressive approach to every DUI case. Our defense strategies may include:
- Challenging the legality of the traffic stop or arrest
- Reviewing body cam or dash cam footage for inconsistencies
- Contesting the accuracy or administration of breath and blood tests
- Arguing lack of probable cause or Miranda rights violations
- Seeking reduced charges such as “wet reckless”
- Advocating for alternative sentencing options or diversion programs
Our knowledge of the local court system and relationships with local prosecutors and judges can make a significant difference in the outcome of your case.
To get started on your defense, contact us today at (949) 996-0170.
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We Know What You're Facing. We Know How To Win.