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Practice Areas · DUI Defense

First-Offense DUI

San Diego DUI Defense

First-Offense DUI in San Diego

A first DUI in California is usually charged as a misdemeanor, but the consequences are real: fines, a license suspension, DUI school, probation, and a criminal record that can affect your job and insurance for years. It is not a charge to face alone or to simply plead guilty to.

Even on a first offense, there are often defenses, an unlawful stop, faulty breath or blood testing, or improper procedure, that can reduce or dismiss the charge. Remember that you have only 10 days from your arrest to request a DMV hearing to protect your license.

10 days

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By the Numbers

First-Offense DUI, by the numbers

74.7%1

of Californians convicted of DUI (2020 arrest cohort) were first-time offenders, not repeat offenders

25.2% were repeat offenders with a prior within 10 years; CA DMV DUI-MIS, data year 2020

4 months2

administrative license suspension the California DMV imposes for a first DUI (driver 21+, BAC 0.08%+), separate from any court penalty

Administrative Per Se (APS) action; independent of criminal court sanctions

69.8%1

of California first-time DUI offenders (2020) were sentenced to jail

compared with 94.7% of repeat offenders; a jail sentence does not always mean time served

110,0171

total DUI arrests statewide in California in 2021

up 12.3% in the arrest rate from 2020's pandemic low

12,4293

people killed in U.S. alcohol-impaired-driving crashes in 2023, about 30% of all traffic deaths (one every 42 minutes)

down 7.6% from 13,458 in 2022

Frequently asked

Common questions

Is a first DUI a felony?+

In most cases a first DUI is a misdemeanor. It can be charged as a felony if someone was injured. An attorney can review the specific facts of your arrest.

Will I lose my license for a first DUI?+

Possibly, but you have 10 days to request a DMV hearing to fight the suspension. We handle that hearing separately from your criminal case.

Related practice areas

Sources

  1. California Department of Motor Vehicles, 32nd Annual Report of the California DUI Management Information System (2025). https://www.dmv.ca.gov/portal/uploads/2025/10/32nd-Annual-Report-of-the-California-DUI-Managment-Information-System.pdf
  2. California Department of Motor Vehicles, Driving Under the Influence (DUI) - DMV Safety Guidelines & Actions (2025). https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/
  3. National Highway Traffic Safety Administration (NHTSA), Traffic Safety Facts 2023 Data: Alcohol-Impaired Driving (DOT HS 813 713) (2025). https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813713.pdf

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