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What Happens to First Offenders Under California DUI Law

Remember after January 1, 2003 ALL persons convicted of a DUI in California (23152) will be required to attend and complete a level one program (whether the court sent you to one or not!).

One question I get more than any other is "What will happen to me in the court on my first offense for DUI in California?"

If you talk to an attorney there are all sorts of variables they will consider. They usually will not give you a clear answer. After ten years of working with first offenders I can tell you within a general framework of what MOST DUI (VC23152) first offenders receive in the 10 county Bay Area.

First Offender Penalties

In Court

$1200 fine.
3 years probation (informal - no probation officer).
3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.) OR
90 license restriction (to start AFTER 4 months DMV suspension is over).
First Offender School (3/4 months long).

This is in addition to the four months immediate DMV suspension that starts 30 days after your DUI stop.

These two ACTIONS (court and DMV) are SEPARATE and do not influence one another. Many times someone gets their license back by going to the DMV hearing and then is convicted in the court. Or, the DA drops the charges and the DMV still suspends your license!

With the conviction in the court you are allowed to get a restricted license AFTER a 30 day hard suspension (after the 30 day temporary license period is over = two months after your DUI stop). This allows you to drive to and from work and in the course of your employment and to and from the DUI class. The only 'draw back' to the license restriction is that it is restricted for 5 months (they say 6 but the DMV counts the first month of suspension). OR you can ride out the 4 months suspension period and get you license back. BUT, once the court notifies the DMV that you have been convicted of a DUI or a wetreckless and as part of your probation you have been sent to a First Offender Program. The requirement to show proof of completion of the program will be added to the list of items needed (Proof of Insurance SR-22 and pay $125 to get your license returned.

Remember after January 1, 2003 ALL persons convicted of a DUI in California (23152) will be required to attend and complete a level one program (whether the court sent you to one or not!)

This is GENERALLY the way it works for those convicted of a misdemeanor first offense DUI.

If it is your first offense you will need a California DUI Lawyer.

Posted Saturday, March 01, 2008
Filed in California DUI | DUI Laws | Permalink | Comments (14)

1994 wet reckless conviction

Posted by Dale Ornellas at 2007-10-21 08:11

I need to know something I was sentenced in 1994 for a wet reckless and the court just gave me a fine, 2 years later the dmv suspended my license and said I had to complete a 6 month dui class to get my license back I never did and now I want to except the dmv now says I have to do an 18 month dui class and that I cant get a restricked license at all I have to do the entire 18 months.Can dmv do this I have nothing on my driving record not even the dui its my first dui shouldnt I be able to fight dmv for the 1994 law for dui class and also to get a restricked license once I start the classes please let me know what I can do to get my license back, Thank you signed Ddale Ornellas

Wet Reckless DMV

Posted by sandy at 2007-11-09 09:31

Well Dale, I'm not an attorney, but neither is the DMV. The DMV is an administrative office that consistantly does thing to people that are prevented by law, but allowed by administrative rulings. One option would be to get an attorney as ask them to file a writ in your behalf.

second offense

Posted by erol at 2007-12-05 09:28

Need help/ advice...I had my first DUI five years ago. I'm a good driver, don't usually drink and drive but made a dumb mistake again and got caught for it. I have a lawyer who feels that my case is rather difficult to win with the DMV. I am a full time student, work full time, have a dependent grandmother, and am applying for the AirForce Guard as a PJ. Is there a way to turn around a possible suspension on a second offense given these circumstances?

10 years apart

Posted by fernando escareno at 2008-02-28 13:02

i had a first time offence over 10 years ago. now i have this happen again. will this have jail time or heavier fines involved?

10 year look back

Posted by fernando escareno at 2008-02-28 13:10

what is the 10 year look back law about?

I was absent to court what is going to happen to me

Posted by hector roman at 2007-12-31 19:51

please let me know as soon ass possible , I am very scared cause I have never had a ticket in my life and the fisrt is a dui.

10 year look back

Posted by fernando escareno at 2008-02-28 13:32

what is this law about???

dui class

Posted by james bumpas at 2008-03-08 17:08

i got a dui in calif 2006 and went too court aug of o7 i got a 9 month program i have a cdl lience and could not fine work in calif so i had too move back out of state too support my family is there anything i can do too get too drive in calif and finish up my class

underage dui

Posted by Tim at 2008-04-02 23:55

i was recently pulled over after drinking. im 19 and my BAC was .044%. The officer issued me an administrative per se. I'm scheduled for my dmv hearing on the 28th. what will i be facing in terms of fines and restrictions both on the dmv's part and the state's part? i heard that there in an automatic $10,000 fine. Is this true?

Hmmm

Posted by Rman at 2008-04-07 01:49

Been doing research, listerine breath strip or oduls or some other "non alcholic" beer on a "mouth residue" breath sample there are studies on that. Proponderance is a tougher standard than resonable doubt.

oh yah

Posted by rman at 2008-04-07 01:51

if you smoke, acetone, when combined with ethanol, could give a higher reading on an infared machine

2001 DUI

Posted by emily at 2008-05-14 14:24

I got a DUI in May 2001 and at the time the california state law stated that it is on your criminal record for 7 years. I know the law has changed to 10 years. My question is am I covered under the 7 year law still or will I have my DUI on my criminal record until 2011 instead of 2008?