Skip to Content
Top
First DUI In Santa Rosa Unmatched Skill, Unwavering Advocacy.

First DUI in Santa Rosa

A first offense of Driving Under the Influence (DUI) may be your first encounter with law enforcement and the legal system in Santa Rosa and Sonoma County. California has very stringent DUI laws, and you could face serious penalties and long-lasting consequences from having this criminal charge on your record, even for a first offense. A DUI is considered a first-offense if you have not had a DUI conviction in the past 10 years.

Most crimes do not impose penalties until you are convicted by a judge or jury but DUI can have immediate administrative consequences as soon as you are arrested. You need an experienced DUI defense attorney to fight for you.

If you have been charged with a first-offense DUI in Santa Rosa or Sonoma County, contact a DUI defense attorney at Wilber Law Offices, P.C. Our attorneys have a successful track record of getting our client’s charges dropped or reduced, and we will fight to do the same for you.

Blood Alcohol Content

California law states clearly that it is unlawful for a person who is under the influence of any alcoholic beverage to drive a motor vehicle. The law defines “under the influence" as having Blood Alcohol Content (BAC) of 0.08 percent or higher. If you have a commercial driver’s license or if you are transporting a “passenger for hire," you can be charged with DUI with a BAC of 0.04 percent.

If you drive a motor vehicle in California, you have given your consent for blood or breath testing to determine your BAC if you are stopped for suspicion of DUI. The law enforcement officer is required to inform you that failing to complete testing means you will be subject to mandatory fines and jail time. They must also give you the choice between a breath or a blood test. In some specific cases, a urine test is an option. You can be arrested for failure to complete chemical testing and face additional penalties if convicted.

California Administrative DUI Penalties

If a law enforcement officer arrests you for DUI, you will receive an Order of Revocation/Suspension and a temporary license that is valid for 30 days from the arresting agency. When the temporary license expires, your driving privileges are suspended. To avoid this, you have 10 days from the date of your arrest to request an administrative per se (APS) hearing. If you fail to request this hearing within the 10 day period, your temporary driver’s license will expire in 30 days.

Your attorney can represent you at the hearing to reinstate your license even though this is an administrative hearing at the DMV and not a criminal trial.

California 1st DUI Criminal Penalties

A first-offense DUI is a misdemeanor in California. If your case goes to trial, it will be held in the county court.

Although a first-offense DUI carries up to six months in jail, you may not have to serve any additional jail time because you already served two days at the time of your arrest. If you did not already serve two days, you may be able to participate in a work program as an alternative to jail. You can be placed on probation for up to three years.

In addition to jail time, you may also face fines up to $1,000.

The judge may also order you to complete DUI school. For a first offense, this is usually a 30-hour course over three months. The program includes individual and group counseling sessions as well as education on driving under the influence and substance abuse. You will have to pay for DUI school out of pocket.

As of January 1, 2019, all drivers convicted of DUI –even first-time offenders –must have an ignition interlock device installed on their vehicles.

Read More Read Less

Our Settlements & Verdicts

  • Case Dismissed Client Accused Of Possessing 2-pounds Of Marijuana For Sale
  • Case Dismissed Client Accused Of Possessing 7-pounds Of Methamphetamine With Intent To Sell
  • Case Dismissed Client Accused Of Possessing Marijuana
  • Not Guilty Client Charged With Assault Charges And Gang Enhancements
  • Case Dismissed Client Charged With Battery On A Correctional Officer And Resisting An Officer
  • Case Dismissed Client Charged With Domestic Violence
  • Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
  • Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
  • Case Dismissed Client Charged With Felony Cultivation Of Marijuana, Possession Of Marijuana For Sale, And Misdemeanor Narcotics Charges
  • Case Dismissed Client Charged With Felony Possession Of A Baton And Misdemeanor Possession Of A Concealed Handgun
  • Case Dismissed Client Charged With Possession
  • Case Dismissed Client Charged With Theft And Elder Fraud

First DUI Defenses in Sonoma County

Being charged with first-offense DUI does not mean you are guilty.

Your attorney can challenge the basis of the traffic stop that led to your DUI arrest. The law enforcement officer who initiates your traffic stop must have reasonable suspicion or belief that you are engaged in criminal activity. Without this probable cause, any evidence obtained during the traffic stop will be suppressed, and the prosecution may drop your charges without the ability to use this evidence at trial.

To be charged with DUI, you must drive a motor vehicle. You may have been sitting in the driver’s seat with the engine on, but if the vehicle did not move, you did not drive.

If other people were present at the scene of an accident, the law enforcement officer may have incorrectly identified you as the driver.

If you submitted to a breath test, the test may not have been accurate. The law enforcement officer may not have operated the device correctly or the instrument may have malfunctioned. The alcohol detected on your breath could have been from mouthwash or cough syrup. Medical conditions such as Gastroesophageal Reflux Disease (GERD) or acid reflux can cause inaccurate breath alcohol readings.

Read More Read Less

Contact Our Firm Today

For Dedicated Legal Representation

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from Wilber Law Offices, P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Hear From Our Happy Clients

At Wilber Law Offices, P.C., your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “Rachel you are a great attorney, your arguments were clear and factual. Your attention to detail was over the top and your counter arguing was impressive.”
    There are no words on how to thank you for all you have done for me and our family, especially John Doe. He has been given a second chance at life and I will pray and hope that he will succeed… Rachel you are a great attorney, your arguments were clear and factual. Your attention to detail was over the top and your counter arguing was impressive. You should be highly regarded…
    Former Client
    “Thank You! I am beyond thankful and amazed by their work.”
    Ryan absolutely did magic on my trial, and was able to change my life by dodging an underage DUI. This would have been huge for my life and record for 10 years !  Jake as well was always there when I needed him. Always had time, patient and helped me tremendously with the stress I was going through during the process of my DUI. Both were genuine and caring attorneys who are the best at what they do. Thank You ! I am beyond thankful and amazed by their work.
    Sam
    “If your looking for an experienced trial lawyer this is the team you want to hire.”
    Ryan Wilber & Wilber Law Offices helped me a lot (and that’s an understatement!)  He was able to negotiate a deal for me that saved my career and kept me out of serious trouble. They are the best in Santa Rosa / Sonoma County. If you need legal help I fully recommend them!  If your looking for an experienced trial lawyer this is the team you want to hire.  He acted as a shield in my time of need and is the legal protection you want to hire in the complicated legal process of the court system.
    William H.
    “I would definitely recommend Ryan Wilber to anyone in need of top notch legal representation.”
    I have used Ryan Wilber several times. Ryan’s representation is both aggressive, and intelligent. His real word experience has proven invaluable to me, and has significantly lessened the consequences of my actions. I found Ryan’s rates to be as good or better then anywhere else around town. Ryan was available to me every time I needed to talk to him. I would definitely recommend Ryan Wilber to anyone in need of top notch legal representation.
    TC
    “I’ve known Ryan for the better part of 20 years, he is very passionate about his work and it shows!”
    I just went through the painstaking process of getting a DUI in Sonoma County. Ryan Wilber and his team did an amazing job in making this process go as smooth as possible. I’ve known Ryan for the better part of 20 years, he is very passionate about his work and it shows! Ryan and his office kept me informed with the most up to date information regarding my case and I was also able to log into an online account that was set up where I could access all of my documents. If you need legal help I would highly recommend Wilber Law Offices.
    Beau K.
    “Ryan is a consummate professional. I would recommend his services to anyone.”
    Ryan is a consummate professional. I hired him to represent me on a high value fraud case. He was very attentive to my requests, always followed up with me in a timely manner, and ultimately won my case to the tune of over $400,000.
    Chuckles G.
    “I believe you were God sent because the times where I felt discouraged and felt like giving up your encouragement and support helped me to once again stand and be confident in the type of man I am and the heart that I have”
    I believe you were God sent because the times where I felt discouraged and felt like giving up your encouragement and support helped me to once again stand and be confident in the type of man I am and the heart that I have… I feel a huge burden has been lifted and I finally have closure after all this time and I can finally move forward… your support has really helped me through one of the most traumatic ordeals of my life.
    Former Client
    “One of the best experiences in my life. Professional, courteous and understanding through whole process.”
    One of the best experiences in my life. Professional, courteous and understanding through whole process. Want to point out Ryan Wilber in particular, a special breed of cat. He is smart, intuitive and a brilliant lawyer!
    Scott J.