Rancho Cucamonga First DUI Offense Lawyer

The penalties for a driving under the influence (DUI) conviction can be harsh, even if this is your first DUI offense. The possibility of causing injuries or death due to drunk driving can result in stiff penalties. A Rancho Cucamonga first offense DUI lawyer can review the facts of your case and devise a defense strategy aimed at achieving a favorable outcome. A strong defense could result in the charges being dismissed or reaching a favorable plea agreement.

Hire a First Offense DUI Attorney

You may think a first-offense DUI would be treated lightly by the criminal justice system, but that is not true. A first offense DUI can carry large fines and jail time if you don’t hire a first offense DUI attorney with experience handling these types of cases. At Kolacia Law, we understand how serious this charge can be and the life-altering consequences it can entail. Attorney Kolacia is a former prosecutor with insider knowledge of how prosecutors handle DUI cases.

DUI Rates in California

The California Office of Traffic Safety provides information on the number of collisions that happen throughout the state. In 2023, Rancho Cucamonga had 506 collisions resulting in injuries or deaths. Of those collisions, 66 involved alcohol. Additionally, 173 DUI arrests were made during the same time period. In California, a total of 1,355 deaths occurred in alcohol-involved crashes.

When charged with a DUI offense in Rancho Cucamonga, your case is heard by the San Bernardino Superior Court at the Rancho Cucamonga Courthouse. After an arrest, you can also request a Department of Motor Vehicles (DMV) hearing to prevent an automatic license suspension. These hearings are held at the San Bernardino Driver Safety Office.

First-Time DUI Offense

Under California Vehicle Code 23152, the actions that constitute a DUI are defined. Any blood alcohol content (BAC) at or over 0.08% is considered drunk driving and can result in a DUI charge. A DUI can also be issued for any driver who is under the influence of drugs or a combination of drugs and alcohol.

Penalties

The penalties for a first-time DUI are outlined in the California Vehicle Code 23536. A first-time DUI offense is usually handled as a misdemeanor unless there are aggravating factors that could raise a first-time offense to a felony DUI. Although judges have some discretion in sentencing, possible penalties include:

• Fines from $390 to $1,000
• Up to six months in county jail
• Three to five years of informal probation
• DUI education program lasting from three to nine months
• Driver’s license suspension from six to ten months

If the DUI arrest was made due to an injury crash, the penalties could be more severe. Misdemeanor DUI charges with injury could include:

• Fines from $390 to $5,000
• A minimum of five days to up to one year in jail
• Three to five years of formal probation
• DUI education program lasting either 3, 18, or 30 months
• Driver’s license suspension for one to three years
• Restitution to the injured party

If convicted of a first-time DUI, receiving informal probation can be a more favorable alternative to a lengthy jail sentence, but it still comes with many conditions. Typical probation conditions following a first-time DUI include:

• Attendance in Alcoholics Anonymous or Narcotics Anonymous
• Participation in a Mothers Against Drunk Driving impact program
• Paying restitution for injuries or property damage
• Installing an Ignition Interlock Device (IID), which comes with associated fees for installation and maintenance

License Suspension

Following a DUI arrest, you only have 10 days to request a DMV hearing to prevent an automatic license suspension from occurring 30 days from the original arrest date. If the request for a hearing is not made within those 10 days, the automatic license suspension goes through even if the case is dismissed or the charges are reduced. Refusing a chemical test also triggers an automatic driver’s license suspension.

A DUI arrest can result in a 4-month license suspension, 30 days after the initial arrest, if a DMV hearing is not requested or you are unsuccessful in having the suspension lifted during your hearing. You do have the option to request a restricted license. To receive a restricted license, you have to agree to install an IID or apply for driving privileges only to and from your employer and any treatment programs you are required to attend.

A DUI conviction can result in a 6 to 10-month license suspension starting 30 days after the initial arrest. The court may order the installation of an IID as part of the penalties for a DUI conviction. If not, you could have the option to install an IID to receive a restricted license. You also have the option to apply for a restricted license for employment and treatment purposes.

Reinstatement

After your license suspension has ended, you can apply to have your license reinstated. Reinstatement is possible once the full suspension or restriction period has been completed and proof of insurance and completion of a DUI program are provided.

Court Process

The criminal DUI process is separate from the DMV hearing to determine license suspension. The court process consists of three main parts:

1. Arraignment. Your first court appearance. The judge reads the charges, and you have the opportunity to enter a plea. A not guilty plea allows time to gather evidence and work on your defense strategy.
2. Pre-trial. During the pre-trial phase, evidence is shared between the defense and the prosecution, allowing you to build your case for trial. During this time, motions can be submitted to have evidence suppressed if necessary. This is also when plea agreements can be negotiated.
3. Trial. If an agreement is not reached, the case proceeds to trial. At trial, both sides can present evidence to the judge or jury. The judge or jury then determines the verdict.

Defense Strategies for First-Time Offenders

Several common defense strategies can be used for a first-time DUI charge. Which strategy to use depends on the specific facts of your case. An experienced DUI attorney can identify the most appropriate approach or use multiple approaches. Strategies include:

• Challenge the legality of the traffic stop
• Contest the accuracy of field sobriety testing
• Question the accuracy of chemical testing
• Identify constitutional violations or poor evidence handling

FAQs

Q: How Can You Avoid Jail Time for a First DUI in California?

A: For a first DUI in California, it is possible to avoid serving jail time beyond what was served after the initial arrest. Negotiating for reduced charges can eliminate the possibility of serving jail time. If the evidence is weak, it may be possible to challenge the charges and have them dismissed or to secure a not-guilty verdict at trial. Commonly, judges allow summary probation, which avoids jail time as long as the probation requirements are met.

Q: Should I Get a Lawyer for My First DUI in California?

A: When facing your first DUI charge in California, it is not legally required to have a lawyer represent you, but there are many advantages to having experienced legal counsel. Your attorney can schedule and represent you during your DMV hearing in addition to your criminal case. It can also be easier to negotiate for reduced charges or lighter penalties with the assistance of an attorney. Their experience can be invaluable during the criminal justice process.

Q: How Much Does a DUI Lawyer Cost in California?

A: The cost of a DUI lawyer in California is often determined by one of two payment structures. Your DUI lawyer may charge an hourly rate. Cases that require more hours of work are often charged a higher overall price. Some DUI lawyers charge a flat fee based on the specific type of charge being defended. In either case, a trial fee may be added to the overall cost if the case goes to trial.

Q: Can a First-Time DUI Be Dismissed in California?

A: Yes, it is possible to get a first-time DUI dismissed in California, but it can be difficult. With the help of a skilled first offense DUI attorney, you could challenge the legality of the traffic stop or the accuracy of field sobriety tests or chemical testing. If dismissal is not possible, you could negotiate for a reduced charge if your BAC was near the 0.08% level and you weren’t arrested due to an accident that caused injuries or property damage.

Q: What Are My Rights During a DUI Traffic Stop?

A: You have many rights during a DUI traffic stop. You are protected against unlawful searches. If an officer asks permission to search your vehicle, you have the right to say no. You also have the right to remain silent. You are only required to provide your driver’s license, proof of insurance, and vehicle registration. You also have the right to refuse field sobriety tests without risk of penalty. If arrested, you have the right to an attorney before questioning.

Contact Kolacia Law Firm

For over 15 years, Attorney Kolacia has worked with criminal law-focused cases. Located in Rancho Cucamonga, our team has represented clients throughout San Bernardino, Riverside, and Orange Counties. With affordable payment plans, we can help you find quality representation for your DUI case. You don’t have to face DUI allegations alone. Contact Kolacia Law Firm today to schedule your initial consultation.