First Offense DUI

San Jose, California Drunk Driving Defense Lawyers  

Sentences for Driving Under the Influence of Alcohol and/or Drugs


Typical 1st Offense DUI within 10 years – Misdemeanor (Vehicle Code 23152)

  • 48 hours to 6 months in jail
  • approximately $1,650 in fines and penalties
  • 3-month alcohol/drug program
  • 6-month alcohol/drug program if your blood-alcohol content was 20 percent or more, or if you refused a chemical test at arrest
  • 3 years of court probation
  • 2 points on your driving record

On your first conviction, you will be fined, with penalties and assessments, well over $1,500, and you may be required to serve at least 48 hours in jail or 5 to 10 days in a weekend work program and 3 to 5 years probation. Different counties may have alternative sentencing programs, which will allow you to structure your sentence in the least obtrusive way. However, attendance of a drug/alcohol treatment program will be required by any court upon conviction. Upon conviction of a first offense DUI, Judges don’t usually order an installation of an ignition interlocking device, which requires you to test for the presence of alcohol before the ignition will work, placed on your vehicle.

Additional DUI information

How a DUI Conviction Affects Your Insurance
Information on how drunk driving convictions affect automobile insurance, from Insure.com.

Your insurance costs will probably increase for your family. If you have to drive for your job, your employer's insurance rates may rise or you may not qualify for employment in areas where insurance rates are negotiated based upon drivers without DUI convictions.


The San Jose criminal defense attorneys at the Moore Law Firm with offices in San Jose and Fresno, represent clients facing serious state and federal criminal charges such as drug crimes, domestic violence, and drunk driving, including repeat and felony DUI offenses in the South and East Bay Area, Santa Clara County, Palo Alto, Sunnyvale, Gilroy, Saratoga, Monte Sereno, Fremont, Milpitas, Hayward, Morgan Hill, South San Francisco, Redwood City, San Martin, Watsonville, Salinas, Santa Clara, Campbell, San Mateo County, Santa Cruz County, Alameda County, San Francisco County, Contra Costa County, Monterey County, Stanislaus County.

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