DUI Defense, criminal defense basics, First-Time Offenses, California Legal Process, KCW Law Blog Erica White DUI Defense, criminal defense basics, First-Time Offenses, California Legal Process, KCW Law Blog Erica White

FIRST OFFENSE DUI CHARGES IN CALIFORNIA | PENALTIES, JAIL TIME & DEFENSES

First-Time DUI in California: What You Need to Know

Under California Vehicle Code Sections 23152(a) and 23152(b), it’s unlawful to drive under the influence of alcohol or drugs—even if your blood alcohol concentration (BAC) is below the “legal limit” of 0.08%. The state only needs to show that your driving was impaired to an appreciable degree.

For most people, a first-time DUI is filed as a misdemeanor. While it may not sound severe, misdemeanor DUIs carry real consequences—fines, probation, license suspension, and the possibility of jail time.

Will I Go to Jail for a First DUI?

Jail time is possible, but not always inevitable. Many first offenders with BACs under 0.15% and no aggravating factors (like refusing a test, causing injury, or driving with a child in the car) may serve reduced jail sentences as little as 1–2 days. However, the maximum penalty can be up to 6 months in county jail if aggravating circumstances exist.

Other Penalties You Could Face

  • Fines & Costs: Base fines of $390–$1,000 can balloon to $2,000–$3,000 after court fees, DUI school, and license re-issue costs—not including insurance hikes.

  • License Suspension: Typically 6 months, with the possibility of a restricted license or ignition interlock device.

  • Probation: Usually 3–5 years with conditions like mandatory DUI school, testing compliance, and no driving with any measurable alcohol.

Why Legal Representation Matters

The outcome of your case depends heavily on the circumstances—your BAC, your driving record, and whether aggravating factors were present. An experienced DUI attorney can:

  • Argue mitigating factors in your favor

  • Negotiate reduced charges (such as “wet reckless”)

  • Challenge evidence or testing procedures

  • Advocate for alternatives to jail

Protecting Your Future

At KCW Law, we’ve helped countless Californians minimize the impact of first-time DUI charges. Whether it’s keeping you out of jail, protecting your license, or reducing financial penalties, our goal is to safeguard your future.

📞 Contact KCW Law today to schedule a consultation and start building your defense.

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