Criminal DefenseDUITypes of DUIFirst DUI

First-Time DUI Charges

Santa Barbara DUI Defense Lawyer

Facing a DUI charge is always serious, even if you don’t have a prior criminal record. A first-time DUI can lead to driver’s license suspension, probation, mandatory DUI education, and incarceration. If your arrest involved a third-party injury, you may be subject to additional penalties, including restitution and extended jail time.

Common penalties for your first DUI may include:

  • Three to five years of informal probation. Although most first-time DUI convictions trigger a three year period of informal probation, five years is permissible by law as well.
  • Three months of mandatory, court-order and court-approved DUI education. DUI education programs can vary in length, but usually last three months after a first-time DUI conviction.
  • Fines and penalty assessments ranging from $390 to $2,000. It is not unusual for a first DUI conviction to cost around $ 1,900 in penalty assessments and fines.
  • Six months of driver’s license suspension. During this time, you cannot legally operate a car. Sometimes, you can obtain a restricted license after thirty days.

Facing any criminal allegation can be scary, especially if your reputation and your freedom are on the line. Subsequent drunk driving arrests are subject to heightened penalties, but even your first DUI can lead to a jail sentence. After an arrest, you probably have a lot of questions about the consequences of a conviction and the DUI process. Let our Santa Barbara criminal defense attorneys help you find the answers.

With Lessem, Newstat & Tooson, LLP on your side, you can have peace of mind knowing that your case is in good hands.

First DUI & Driver’s License Suspension

There are two ways to lose your driver’s license after a first-time DUI: in court or through the DMV. After a DUI arrest, your driver’s license will be automatically suspended unless you schedule a DMV hearing within ten days of your arrest. A DMV license suspension hearing allows you to fight for your driving privilege after an arrest. At the hearing, your attorney will present evidence in your favor to help the DMV determine whether or not you should retain your license. Unlike court proceedings, the DMV hearing will not determine your guilt or innocence; it is only used by the DMV to determine the status of your license. While the DMV will be interested to hear evidence related to your case, it will not actually decide if you will be convicted of DUI.

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First-time DUI with injury: What are the consequences?

Generally speaking, a first DUI conviction involving injury is punishable by stiffer fines and longer periods of probation, incarceration, and license suspension. A first DUI involving a third-party injury can be charged as a felony or a misdemeanor offense, depending on the circumstances and evidence surrounding your case. Misdemeanor DUI with injury is punishable by three to five years of informal probation, five days to one year in jail, a $390 to $5,000 fine, one to three years of license restrictions, restitution to all injured parties, and a 30-month-long alcohol program. You may be eligible to attend a three or 18-month DUI education program as well.

First-time felony DUI with injury is punishable by:

  • A “strike” on your criminal record
  • A fine, ranging from $1,015-$5,000
  • A drug or alcohol prevention program, lasting 18 or 30 months
  • Restitution paid to all injured third parties

If you were arrested for a DUI, contact the Santa Barbara DUI defense lawyers from our firm today. We are wholeheartedly committed to helping our clients obtain the case results they need, when they need it the most. Call our office today for the aggressive and skilled legal representation that you need.