First-Time DUI Offenders: What Are Your Legal Options and Consequences?
June 13, 2025
At the Law Offices of Andrew C. Janecki I’ve worked with many clients facing their first DUI charge. A DUI arrest can feel like everything is spiraling out of control. The flashing lights, the breathalyzer test, the handcuffs—it’s a moment you don’t forget.
However, a single arrest doesn’t define who you are, and it doesn’t have to dictate your future. As someone who’s helped countless first-time offenders find a better way forward, I want to walk you through the legal options available and the consequences you might face here in California.
Legal Classifications and Immediate Impacts
A first-time DUI offense in California is typically filed as a misdemeanor, unless certain aggravating factors are present. Even as a misdemeanor, the consequences can have a long-term effect on your daily life.
The Initial DMV Consequences
After a DUI arrest, the clock starts ticking. You have just 10 calendar days to request a hearing with the California Department of Motor Vehicles (DMV) to challenge the automatic license suspension. If you miss this deadline, your license will be suspended 30 days after the arrest—even before you step foot in a courtroom.
The DMV hearing is separate from the criminal court proceedings. It deals strictly with your driving privileges. That means even if your criminal case is dismissed or reduced, the DMV could still suspend your license unless you successfully fight the administrative action.
The Criminal Charge
The criminal side of a first-time DUI charge carries several potential penalties, which a judge will determine based on the details of your case. These include your blood alcohol concentration (BAC), whether there was an accident, and whether any children were in the car.
Criminal Penalties for First-Time DUI Offenders
The penalties may vary by county and judge, but here’s what you can typically expect if convicted:
Base fines and penalties: While the base fine ranges from $390 to $1,000, the penalty assessments can push the total financial burden to $1,800 or more.
Probation period: First-time offenders generally receive informal probation for three to five years. You don’t need a probation officer, but you must follow strict conditions—like attending DUI school and avoiding new offenses.
License suspension: On top of the DMV’s administrative suspension, a court-ordered license suspension of six months may apply. Some of these periods may overlap, but you’ll need to deal with both.
DUI education program: First offenders are usually required to complete a three- or nine-month DUI education program, depending on your BAC at the time of arrest.
Jail time: California law allows for up to six months in county jail. That said, jail time is often waived in favor of probation, especially for those without aggravating factors.
Ignition interlock device (IID): Many counties now require first-time offenders to install an IID in their car for up to six months. This device prevents your vehicle from starting if alcohol is detected on your breath.
Collateral Consequences You May Face
The legal penalties are only part of the problem. A DUI conviction can create long-lasting ripples that affect both your personal and professional life.
Auto insurance hikes: After a DUI, you’ll be labeled a high-risk driver. Insurance companies may raise your rates significantly or cancel your policy altogether.
Employment complications: Jobs that involve driving or require a clean criminal record could be off the table. You may also face internal disciplinary actions from your employer.
Reputation and relationships: A DUI arrest is public record, and in some counties, it’s even published online. Friends, family, and colleagues may react strongly—even if the charges are ultimately reduced.
Your Legal Options After a DUI Arrest
Being charged doesn’t mean you’ll be convicted. California law provides several legal defenses and procedural options that can help you move forward with less damage.
Filing Motions and Reviewing Evidence
Once I’m hired, I begin by reviewing every piece of evidence—dash cam video, breath or blood test results, police reports, and witness statements. Many DUI arrests fall apart under scrutiny.
Unlawful stop: If the officer didn’t have a valid reason to pull you over, the entire case could be dismissed.
Testing issues: Breathalyzers must be maintained and used properly. Any deviation from protocol could make the results unreliable.
Medical conditions: Acid reflux, diabetes, and certain diets can cause false positives on breath tests.
Negotiating Reduced Charges
In some situations, a reduction to a lesser offense—such as “wet reckless”—may be possible. This still involves fines and education programs, but has lighter penalties and less stigma than a DUI conviction.
Pretrial Diversion and Alternatives
While DUI cases don’t qualify for traditional diversion in most counties, some judges may be open to informal alternatives, especially for younger offenders or those with clean records.
What to Do Right After a DUI Arrest
If you’ve just been arrested, here’s what you should do:
Request your DMV hearing: You only have 10 days from the date of your arrest to request a hearing. If you don’t, you’ll lose your license automatically.
Write down everything you remember: Small details—like what the officer said or where you were pulled over—can become important.
Retain legal representation quickly: The sooner I get involved, the more time I have to investigate and prepare.
Begin your DUI education program early: Judges often look favorably on defendants who start their programs before sentencing.
Arrange transportation: With your license in jeopardy, it’s wise to have a backup plan for getting to work and court.
What Prosecutors Consider When Charging First Offenders
Although DUI laws are set at the state level, each county enforces them differently. Santa Cruz, for example, is known for its restorative justice programs, but that doesn’t mean prosecutors go easy. They look at several factors:
Your BAC level: A BAC over 0.15% could disqualify you from leniency or lighter penalties.
Whether you were cooperative: Aggressive or evasive behavior during the arrest won’t help your case.
Any harm caused: If you were involved in an accident or someone was injured, your options narrow significantly.
Your criminal record: First-time means no prior DUI convictions, but a record of other offenses may still influence the outcome.
DUI Convictions and Record Expungement
If you’re convicted, it’s not the end of the road. After you’ve completed your sentence and probation, you may be eligible for expungement.
Eligibility: First-time misdemeanors with no jail time typically qualify after probation is completed.
What it does: Expungement doesn’t erase the conviction, but it does show the court has dismissed the case in your favor. Employers and licensing boards may view this more favorably.
Limitations: It won’t restore your driving privileges or eliminate the conviction from DMV records, but it can help reduce the long-term consequences.
Tips for Avoiding a Second DUI
A second DUI conviction in California carries far steeper penalties, including mandatory jail time and a longer license suspension. Staying DUI-free after your first offense is essential.
Don’t drive if you’ve had anything to drink: Even if you feel fine, your BAC may still be over the legal limit.
Use rideshare apps: Keep Uber or Lyft on your phone, and don’t hesitate to use them.
Plan ahead: If you’re going out, designate a sober driver ahead of time.
Take court orders seriously: Completing your DUI school, paying fines, and following probation terms help you stay out of further trouble.
Speak to a Lawyer
If you’ve been arrested for a DUI in Santa Cruz, California, you don’t have to face it alone. At the Law Offices of Andrew C. Janecki, I’ve helped many first-time offenders avoid harsh penalties and get their lives back on track. I also serve Palo Alto, San Jose, San Francisco, and Berkeley. Call today to get the support you need and discuss your next steps.