Santa Ana First DUI Defense Lawyer

Protect Your Future with Experienced Legal Representation

Being arrested for a first-time DUI in California can be a frightening and overwhelming experience. The legal process is complex, and the consequences can significantly impact your driving privileges, criminal record, employment opportunities, and finances. If you're facing your first DUI charge in Santa Ana, it's essential to act quickly and speak with a skilled Santa Ana first DUI defense attorney.

At Braden & Tucci, we understand what's at stake. Our dedicated legal team has extensive experience defending clients throughout Santa Ana, CA, and surrounding areas. We work aggressively to minimize the consequences of a first DUI and guide you through each step of the legal process with clarity, professionalism, and compassion.

To let our firm protect your rights and future, contact us today at (949) 996-0170.

What is Considered a DUI in California?

In California, you're considered legally impaired if your blood alcohol concentration (BAC) is:

  • 0.08% or higher if you’re over 21 and driving a non-commercial vehicle
  • 0.04% or higher if you're driving a commercial vehicle
  • 0.01% or higher if you're under 21 or on DUI probation

A person can also be charged with DUI if under the influence of drugs (illegal, prescription, or over-the-counter) or a combination of alcohol and drugs that impairs their ability to drive safely.

A first-time DUI is typically charged as a misdemeanor, but aggravating factors—such as a high BAC, an accident, or having a minor in the vehicle—can result in more severe penalties.

What Happens After a DUI Arrest?

After a DUI arrest in Santa Ana, the process usually unfolds in several key stages:

1. Arrest and Chemical Testing

The officer will administer field sobriety tests and a breath or blood test. If your BAC exceeds the legal limit or you refuse testing, you'll likely be arrested and taken into custody.

2. License Suspension

The DMV will automatically begin the process of suspending your license through an Administrative Per Se (APS) action. You have 10 days from the date of your arrest to request a DMV hearing to challenge this suspension. Failure to request a hearing means your license will be automatically suspended.

3. Court Proceedings

You’ll face criminal charges in Orange County Superior Court, with an arraignment scheduled typically within a few weeks. At this point, it’s critical to have a Santa Ana first DUI defense attorney by your side to represent your interests and explore all possible defenses.

4. Plea Bargain or Trial

Depending on the evidence and your circumstances, your attorney may negotiate a plea deal or take your case to trial. Our firm focuses on identifying flaws in the prosecution’s case, such as errors in the breathalyzer calibration, illegal stops, or mishandled evidence.

First DUI Penalties

A first DUI conviction in California comes with both criminal and administrative penalties. These may include:

  • License Suspension: 6 months (or 4 months if you choose not to contest the DMV action)
  • Fines and Fees: Totaling around $2,000 or more
  • DUI Education Program: 3 to 9 months, depending on your BAC
  • Probation: 3 to 5 years of informal (summary) probation
  • Jail Time: Up to 6 months (often waived or converted to community service for a first offense)
  • Ignition Interlock Device (IID): Required in many cases for continued driving privileges

Aggravating factors—such as a BAC above 0.15%, speeding, or causing an accident—can result in harsher penalties.

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FAQs About First DUI in Newport Beach, CA

Q: Is a first DUI in California a felony?
A: No, a first DUI is usually a misdemeanor unless someone was injured or killed, or there are prior felony convictions.

Q: Can I avoid jail time for a first DUI?
A: Yes, many first-time offenders avoid jail, especially with the help of a qualified Santa Ana DUI defense lawyer who can negotiate alternatives such as probation or community service.

Q: Will I lose my driver’s license immediately?
A: Not immediately. You have 10 days to request a DMV hearing to delay or fight the suspension. If you don’t act, your license will be suspended automatically.

Q: Should I plead guilty to a first DUI?
A: Not without consulting a DUI attorney. Pleading guilty can have long-term consequences. An experienced lawyer can assess whether the charges can be reduced or dismissed.

Q: Can I get a restricted license after a DUI?
A: Yes. In many cases, you can apply for a restricted license that allows you to drive to work, school, and DUI classes.

We help you move forward

  • “The outcome far exceeded the expectations that were initially set.”

    - Isaac G.
  • “Mr. Tucci is an aggressive bulldog attorney that you want representing you!”

    - Bree R.
  • “Thank you again, Mr. Tucci, through your efforts you have altered the course of my life. Truly the greatest to have ever done it.”

    - Less F.

What sets us apart:

  • Zealous, Individualized Representation for Your Case
  • Proven Successes in Trial, in Court & with the DMV
  • Certified in Alcohol Screening & Field Sobriety Testing
  • Southern California’s Most Respected DUI Attorney
  • Former President of the CA DUI Lawyers Association
  • Southern California’s Most Aggressive and Successful DUI Attorney

Contact a Santa Ana First DUI Defense Attorney Today

Don’t let a first DUI charge define your future. The sooner you reach out to a legal professional, the better your chances of securing a favorable outcome. Our team at Braden & Tucci is ready to review your case, fight for your rights, and help you move forward with confidence.

Call (949) 996-0170 today for a free consultation with a top-rated Santa Ana first DUI defense lawyer, or fill out our online contact form to get started.

Contact Us for a Consultation

We Know What You're Facing. We Know How To Win.

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