Flashing red and blue lights after a good night out is not what you want to see. It’s a stressful experience, and if the officer asks you if you’ve been drinking or to step out of the car, you might not know how to react. Saying or doing the wrong thing can result in your arrest and being charged with driving under the influence (DUI), even if you should otherwise have nothing to fear.

First DUI Defense Attorney in San Diego

If you have been arrested or otherwise charged with a DUI, you need to contact an experienced defense attorney immediately. While it can be easy to waive away the relatively low penalties of a first-time DUI, the fact is that any DUI on your record will hurt you significantly in the long run, especially if you are arrested for a subsequent DUI.

Attorney Michael Cindrich has decades of experience protecting clients in DUI cases, including first DUIs. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

Overview of First DUI in California

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First DUI under California Law

Driving while intoxicated, or DUI, refers to the operation of a motor vehicle while under the influence of drugs or alcohol. First offenses are treated seriously, but with reduced penalties compared to repeat offenses. DUI’s are governed under Vehicle Code § 23152(a). A person is considered under the influence if their physical or mental abilities are so impaired that they cannot drive with the caution of a sober person under similar circumstances.

For alcohol-related offenses, Vehicle Code § 23152(b) prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher. This standard is based on the grams of alcohol per 100 milliliters of blood or per 210 liters of breath.

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Penalties for a First DUI Conviction

If convicted of a first DUI offense, penalties can include imprisonment for at least 96 hours in county jail (with a minimum of 48 consecutive hours) but no more than six months. Fines range from $390 to $1,000, with additional court fees significantly increasing the total amount owed.

Courts may impose further restrictions, such as denying a restricted license if the offender poses a public safety risk. In some cases, judges may allow jail time to be served during non-working hours to accommodate employment.

It is rare, except in certain extraordinary circumstances that result in serious property or bodily damage.

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Probation and DUI Programs

Courts often grant probation for first-time offenders under Vehicle Code § 23538(a). Probation conditions include:

  • Payment of fines.
  • Enrollment in and successful completion of a DUI program. The length of the program depends on the BAC level:
    • BAC below 0.20%: A minimum three-month program (30 hours) (Vehicle Code § 23538(b)(1)).
    • BAC 0.20% or higher or refusal to take a chemical test: A minimum nine-month program (60 hours) (Vehicle Code § 23538(b)(2)).

Completion of the program is mandatory for license reinstatement (Vehicle Code § 23538(b)(3)). Failure to enroll in or complete a DUI program may lead to revocation of probation (Vehicle Code § 23602).

Additionally, a conviction will be reported to the Department of Motor Vehicles, impacting driving privileges and insurance rates.

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Legal Defenses and Procedural Considerations

The BAC Test Was Inaccurate in Determining DUI Offense

Breathalyzer or blood test results used to determine Blood Alcohol Concentration (BAC) are not infallible. Improper calibration of devices, contamination of samples, or procedural errors can compromise their accuracy. For instance, breath test results may be skewed by medical conditions like acid reflux or by residual mouth alcohol.

The Defendant Was Not Impaired at the Time of Driving

California law requires evidence of actual impairment to convict for DUI under Vehicle Code § 23152(a). Physical or mental signs of intoxication, such as slurred speech or poor coordination, are often subjective. An attorney can argue that these symptoms resulted from fatigue, illness, or non-alcohol-related conditions, refuting claims of impaired driving.

The Prosecution Cannot Prove the Defendant Was Driving

Proving that the accused was operating the vehicle is essential in DUI cases. If there is ambiguity—such as when the defendant was found near but not inside a parked car, or if the keys were in the ignition but the car was not on, then you may have a case.

Refusal to Submit to Chemical Testing Was Justifiable

A refusal to undergo chemical testing may have valid grounds. For example, if the defendant was not informed of the consequences of refusal under implied consent laws, the refusal might be deemed inadmissible.

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DUI Conviction Record and Future Implications

A first DUI conviction remains on an individual’s driving record for 10 years, as mandated by Vehicle Code § 23540. During this period, it can be used as a prior offense to enhance penalties for subsequent DUI violations.

Furthermore, under Vehicle Code § 23550, a third DUI offense within this 10-year timeframe is usually treated as a felony. The “washout” period of 10 years is critical, as offenses outside this timeframe are not considered for sentencing enhancements.

Beyond legal penalties, a DUI conviction can have long-term effects on employment opportunities, professional licensing, and personal reputation.

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Aggravating Factors in Sentencing

High BAC Levels: A BAC of 0.20% or higher often results in enhanced penalties, including longer DUI program requirements (Vehicle Code § 23538(b)(2)).

Refusal to Submit to Chemical Testing: Refusal to take a breath or blood test during the investigation can lead to additional penalties under Vehicle Code § 23612, including a longer license suspension.

Accidents or Injuries: If the DUI involves an accident causing injury or property damage, charges may be elevated under Vehicle Code § 23153, with harsher penalties and potential civil liability.

Driving with Passengers for Hire or with a Minor: A BAC of 0.04% or higher while transporting passengers for hire constitutes a separate offense under Vehicle Code § 23152(e).

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Additional Resources

DMV Overview on DUI First Offenders – This source provides information from the California Department of Motor Vehicles about administrative penalties for first-time DUI offenders. It explains license suspension procedures, restricted license options, ignition interlock device requirements, and reinstatement processes for individuals aged 21 or older arrested for DUI involving alcohol without injury.

San Diego County’s Driving Under the Influence Program – This source outlines San Diego County’s DUI programs licensed by the California Department of Alcohol and Drug Programs. It covers services for education, treatment, and compliance with court and DMV requirements, including programs ranging from 3 months to 18 months. The source also provides contact information for program locations in San Diego County.

San Diego County First Conviction Program Population Description – This source is a study by the Office of Justice Programs on individuals participating in San Diego County’s First Conviction Program (FCP) for first-time DUI offenders. It examines demographics, drinking behavior, and the program’s focus on alcohol education and behavioral change to reduce DUI recidivism and related risks.

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Hire an Attorney for a 1st DUI in San Diego County, CA

Attorney Michael Cindrich has decades of experience protecting clients in DUI cases, including first-time DUI cases. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

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