Dui California First Offense

Commissioning of the offence of DUI for the very first time generally invites the least of all penalties as provided by the laws of California.

First DUI Consequences

As provided by DUI Statute, driving a car under the influence of alcohol or drug or under the control of blended alcohol and drug attracts punitive consequences in the state of California and this amounts to a serious offence too. Imposition of Penalty is dependent upon various factors such as; frequency of commission of the offense, financial capability of the offender, nature of employment of the offender etc. However, the crime under this enactment is dealt with very strict measure.

California DUI first offense penalties

For the purpose of attributing penalty for DUI first offence in CA, two elements of the crime must be proved that is 1) Driving of Vehicle 2) During the course of driving, the person was under the influence of either alcohol or drug or the fusion of both as defined under the statute. In order to establish the fact that the offender was driving under the influence of alcohol or drug or the combination both alcohol and drug, the person must loose ability of being a man of ordinary prudence due to which he cannot drive the car with such caution as a prudent man can and no defense can be taken by stating that there was other factor which precluded him from driving cautiously. However minimum of or more than 0.08 percent of alcohol should be present in the offender’s body for the purpose of gaining conviction. Punishment for this offence is minimum 96 hours jail within which 48 hours of continuous imprisonment, however maximum 6 months imprisonment may be given and fine may be imposed from 390 dollars to 1000 dollars.

Charges and Sentence

Basically the person is convicted under section 23152 of the California Vehicle Code, for which the above prescribed punishment is rendered. In addition to this, conditional probation may be given which is as follows:

  1. Suspension of privilege to operate motor vehicles as per paragraph 1(a) of 13352
  2. Submission of Driving License in the Court in accordance with section 13550
  3. Imposition of Monetary Fine

Drunk Driving Defense

Several Defenses are available for which a good counsel may be required; otherwise court may go for inflicting of stringent punishment on the offender for drunk driving. Therefore it is necessary to have counsel having requisite and proficiency in DUI Statute defending the case. Under statute itself, it is provided under section 16430 that offender giving proof of financial accountability may be given privilege to operate motor vehicle restrictively for 90 days required journey to and from that person’s place of service and to and from participation in a program described in subdivision (b). If it is found the offender’s livelihood is dependent upon driving of motor vehicle, then he may be allowed to drive a car within the location which falls under the course of his employment provided that the person maintains the proof financial responsibility for the period of three years. If the case is argued to this effect, punishment with such restriction would be inevitable which also hold true for Orange County DUI.

First offender DUI program California

If in any county where State Department of Alcohol and Drug Programs has made the provision for a program or programs elaborated in Section 11837.3 of the Health and Safety Code, court may direct 45 hours of program activities to the offender to such program which is consisting of activities related to education, group counseling, and individual interview sessions described in Chapter 9 therein and the Court may direct for submission of satisfactory report from the department with regard to the concerned person being subjected to that program along with or without California DUI Penalties.