Temecula | Murrieta First Offense DUI
What is a First Offense DUI?
A standard misdemeanor first offense DUI is codified in Vehicle Code section 23152, subdivisions (a) and (b). It means that you have not previously been convicted of DUI or have not been convicted of DUI in more than 10 years.
Persons arrested for DUI are typically charged with two offenses. The first is Vehicle Code section 23152(a), which says that the person drove a vehicle without the care and caution of a sober person. The second is Vehicle Code section 23152(b), which says that the person drove a vehicle with a Blood Alcohol Concentration of .08% or greater.
Do I have Defenses? Should I fight it?
Yes! You have defenses. Please click here to read about DUI defenses. Even if the defenses in your case aren't available, a local Temecula | Murrieta DUI Attorney can help you resolve your case much more favorably than if you walked in and pled guilty without a lawyer.
What Happens to my Driver's License?
Fighting for your driver's license requires that your DUI Attorney engage in two battles: one with the DMV regarding your Administrative Per Se (APS) suspension; and another battle with the court.
The DMV will automatically suspend your license 30 days after a DUI w/ alcohol arrest for 5 months, unless your DUI attorney requests an APS Hearing within 10 days of your arrest. Make sure your Temecula | Murrieta DUI Attorney is familiar with the DMVs practices for APS Hearings and that they have obtained set asides ("won DMV Hearings") before.
With respect to the court battle, if you're convicted of a first offense DUI, the court will order the DMV to suspend your license, regardless of whether or not you won your DMV Hearing. So, you've got to win on both sides. Often, your DUI Attorney can negotiate a "wet & reckless" plea to a first offense DUI, in which case the court will not order the DMV to suspend your license.
What is the Punishment for a First Offense DUI?
Please take a look at this chart regarding DUI punishments.
What Should I Do?
A DUI arrest is stressful. Just know that you'll get through it. The most important thing you can do in the beginning is to quickly reach out to DUI Attorneys in your area (hire a local Temecula | Murrieta DUI attorney) and decide which one you feel comfortable representing you.