First-Offense DUI in California — VC 23152 | Law Office of Aaron P. McAllister

In plain English

How serious is this?

Here is what a first-offense DUI actually carries in California. Most first offenses resolve on probation, often with little or no time in custody.

Case reference — first-offense DUI under Vehicle Code 23152
Case reference	DUI · 1st offense
Section	VC 23152(a)(b)
Severity	Misdemeanor
Wobbler	No (unless injury)
Strike	No
Custody exposure	≤ 6 months
Probation	3–5 yrs informal
DUI school	3 or 9 months
Priorable	10-yr lookback

Typical reductions: wet reckless (VC 23103.5) · dry reckless (VC 23103). Figures are ranges — confirm against current statute.

What a first offense carries, on paper

Penalties for a first-offense DUI in California
Penalty	First offense (typical)
Fine	$390–$1,000 base — total nearer $1,800–$3,000 with assessments
County jail	Up to 6 months (often suspended on a first offense)
DUI school	3 months (30 hrs); 9 months if BAC 0.20%+ or refusal
License	Suspension possible; the DMV runs a separate process from the criminal case
Ignition interlock	Up to 6 months — court discretion for a first offense
Also expect	Higher insurance (SR-22); stays priorable for 10 years

The first few hours

Common mistakes people make early

Most of the avoidable damage in a first DUI happens in the first few hours — before anyone has spoken to a lawyer.

Thinking the station blood or breath test is optional Once you have been lawfully arrested, a chemical test is mandatory under California's implied-consent law, and refusing it adds penalties on top of the DUI. This is different from the roadside tests below. verify — VC 23612

Volunteering for the roadside tests The field sobriety tests and the handheld roadside breath test (PAS) are generally optional before arrest — unless you are under 21 or on DUI probation — yet many people perform them believing they have to. verify

Trying to explain your way out of it "I only had two" and similar roadside admissions rarely help and get quoted back later.

Consenting to a search Of your car or phone, when you did not have to.

Posting about the arrest online Assume anything public reaches the prosecutor.

Waiting to get a lawyer The early days are when evidence can still be preserved and the timeline documented — delay quietly costs options.

Before the first meeting

What to bring your lawyer

The citation and any paperwork the officer or jail gave you.
An honest timeline of the evening: what and when you drank, what you ate, when you were stopped.
Any medical conditions or medications — some genuinely affect breath results.
Names of anyone who was with you or witnessed the stop.

Mitigation packet — bring whatever applies

Good outcomes often turn on who you are, not just what happened. Start gathering these early — we use them to argue for reduction, diversion, or a lighter sentence. This same packet helps in any charge we defend, so it is worth building once and keeping.

Education — diplomas, transcripts, enrollment or admission letters.
Family & dependants — photos of your children and family, and proof you support them.
Military service — proof of service or discharge papers (DD-214).
Employment — proof of work, a letter from your employer, recent pay records.
Medical — diagnosis, hospital records, and treatment history for any condition.
Steps already taken — proof of enrollment in an alcohol-education or treatment program, counseling, or similar.
Character — reference letters and evidence of community or volunteer involvement.

What you can do now

Enroll voluntarily in an alcohol-education or treatment program — starting before court shows real initiative.
Write down everything about the stop and the evening while it's fresh.
Save anything that could help: receipts, messages, witness names.
Avoid discussing the case with anyone but your lawyer.

The law — for counsel

Elements

Prosecutors almost always charge (a) and (b) together — two independent theories of the same act, but one conviction.

VC 23152(a) — CALCRIM 2110

(1) The defendant drove a vehicle; and (2) when driving, was under the influence of an alcoholic beverage — impaired such that they could no longer drive with the caution of a sober person of ordinary prudence under like circumstances.

VC 23152(b) — CALCRIM 2111

(1) The defendant drove a vehicle; and (2) had a BAC of 0.08% or more by weight at the time of driving.

Counterintuitive points

Convictable under (a) with a BAC below 0.08% — the (a) count is about impairment, not a number.
"Driving" requires volitional movement, but slight movement suffices and is often proven circumstantially. verify
(b) carries a rebuttable three-hour presumption — the doorway to the rising-BAC defense.
Charged together, punished once; the counts do not stack.

Where it is fought

Jury instructions & bench notes

CALCRIM 2110 / 2111 are the core instructions.
Watch the bench notes on the three-hour presumption in 2111, and on how the (a) and (b) counts interrelate at verdict and sentencing. verify against current CALCRIM
Title 17 (Cal. Code Regs.) governs blood and breath collection and analysis — a recurring evidentiary attack point.

Common defenses

The stop: no reasonable suspicion, or a checkpoint that fails the governing factors. verify
The chemical evidence: rising BAC, mouth alcohol, machine calibration and maintenance, Title 17 violations, breath partition-ratio.
Field sobriety tests as unreliable indicators of impairment.
The "driving" element where established only circumstantially.
Physiology: GERD/reflux, diabetes/ketosis, low-carb diets affecting breath readings.
No injury or damage: the absence of any accident, injury, or property damage keeps the charge a straight misdemeanor and strengthens the case for reduction or diversion — a mitigating factor more than a defense to the elements, but a point we press.

Possible reductions: wet reckless (VC 23103.5) or dry reckless (VC 23103), on the evidence.

Common questions

FAQs

01Isn't there a separate DMV process too?

Yes. A DUI arrest also triggers a DMV licensing action that runs separately from the criminal case and has its own short deadline. We focus on defending the criminal case; the DMV side should be handled promptly and separately so it isn't overlooked.

02Is a first DUI a felony?

Almost never, absent injury, death, or certain priors. A standard first offense is a misdemeanor.

03Do I have to take field sobriety tests?

These are generally voluntary. A chemical test after a lawful arrest is not, and refusing it carries its own consequences.

04Can a DUI be reduced?

Sometimes — to a "wet reckless" or "dry reckless" — depending on the strength of the evidence.

How we help

Talk to us before you talk to anyone else

[Attorney McAllister's voice — his approach to a first DUI, the specific courthouses and counties he covers, the stages of representation, and why acting on the 10-day window matters. This is the part no larger publisher can copy.]

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Draft — pending firm verification
Layout sample prepared 31 July 2026 by ByteZero Marketing for review by the Law Office of Aaron P. McAllister. Content structure and wording per the firm's supplied charge-page template; every legal figure to be verified against primary authority and approved before publication. Primary sources: Veh. Code §§ 23152, 23536, 23538, 23612; CALCRIM 2110–2111. To be revisited if the statutes, jury instructions, or DMV procedures change.

Law Office of Aaron P. McAllister — Aaron P. McAllister, Esq., responsible attorney. Los Angeles, California. Attorney advertising. This page is general information about California law, not legal advice. Prior results do not guarantee a similar outcome. Submitting information through this website does not create an attorney–client relationship.