Charged with a first offense DUI in San Diego? Attorney Anton Vialtsin at LAWSTACHE Law Firm defends first-time DUI clients throughout San Diego County. A first DUI does not have to define your future — call 619-357-6677 for a free consultation.
San Diego First Offense DUI Attorney — What You Need to Know
A first offense DUI in California under Vehicle Code 23152 is typically charged as a misdemeanor. Therefore, while the penalties are serious, a skilled San Diego DUI attorney can often negotiate significantly reduced consequences — or in some cases, get charges dismissed entirely.
Because this is your first offense, you have options that repeat offenders do not. In fact, California law allows judges to consider diversion programs for certain first-time DUI cases under Penal Code 1001.95, which can result in charges being dismissed upon completion of court-ordered requirements.
First Offense DUI Penalties in California
- Jail: 96 hours to 6 months in county jail (probation often granted instead)
- Fines: $390 to $1,000 base fine — total cost with assessments often reaches $3,000 to $10,000
- License suspension: 6 months through the DMV
- Probation: 3 to 5 years informal probation
- DUI school: 3 to 9 month program depending on BAC
- Ignition Interlock Device (IID): May be required
Furthermore, a first DUI conviction stays on your record for 10 years as a prior offense in California. As a result, any subsequent DUI within that period will be treated as a second offense with much harsher penalties.
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Can a First DUI Be Reduced or Dismissed?
Yes — and this is where having the right attorney makes all the difference. Because prosecutors and courts treat first-time offenders differently, there is significant room to negotiate. Anton Vialtsin pursues every available avenue to protect your record and your future.
Wet Reckless Reduction (VC 23103.5)
A wet reckless is a reduced charge that carries fewer penalties than a DUI conviction. Therefore, if the evidence supports it, Anton Vialtsin will negotiate with the prosecutor to reduce your first DUI to a wet reckless — resulting in shorter suspension, lower fines, and a shorter DUI school requirement.
Challenging the Evidence
In addition to plea negotiations, Anton personally investigates every aspect of your case:
- Was the traffic stop lawful? Police need reasonable suspicion to pull you over
- Were field sobriety tests conducted to national standards?
- Was the breathalyzer properly calibrated and maintained?
- Was a blood test correctly administered and stored?
- Were your Miranda rights properly read?
Any one of these issues can result in evidence being suppressed and charges reduced or dismissed entirely.
Diversion Programs
Furthermore, under Penal Code 1001.95, California judges have discretion to grant diversion for certain first-time, non-injury DUI cases. If granted, you complete court-ordered education and treatment — and upon successful completion, the charges may be dismissed entirely.
The 10-Day DMV Deadline — Act Immediately
In addition to your criminal case, a first DUI triggers a separate DMV proceeding that can suspend your license for 6 months. You have only 10 days from the date of your arrest to request a DMV hearing. Therefore, call Anton Vialtsin immediately so he can request the hearing on your behalf and fight to keep your driving privileges.
See our full page on San Diego DMV Hearings for more information.
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Free Consultation — San Diego First Offense DUI
Call 619-357-6677 to speak directly with San Diego DUI attorney Anton Vialtsin. Free consultation — available weekdays and weekends.
Frequently Asked Questions — First Offense DUI San Diego
Is a first offense DUI a felony in California?
No. A first DUI under Vehicle Code 23152 is typically a misdemeanor. However, if the DUI caused injury or death it can be charged as a felony under VC 23153. See our San Diego Felony DUI page for more information.
Will I go to jail for a first DUI in San Diego?
Statistically, first-time offenders are unlikely to serve jail time. California law allows 96 hours to 6 months in county jail, but courts often grant probation instead — especially with an experienced attorney negotiating on your behalf.
How long will my license be suspended for a first DUI?
A first DUI conviction results in a 6-month DMV suspension. However, requesting a DMV hearing within 10 days of your arrest allows you to fight the suspension. Call 619-357-6677 immediately to protect your license.
Can a first DUI be reduced to a wet reckless in San Diego?
Yes. A wet reckless (VC 23103.5) is a common reduction for first-time DUI offenders. It carries lower fines, shorter DUI school, and less impact on your record. Anton Vialtsin negotiates wet reckless reductions when the evidence supports it.
How much will a first DUI cost me in California?
The base fine is $390 to $1,000 but penalty assessments, court fees, DUI school, and IID costs push the total to $3,000 to $10,000 or more. Furthermore, insurance rate increases add thousands over the following years.
Our Office — Serving San Diego First DUI Clients
Address: 185 West F Street, Suite 100-D, San Diego, CA 92101
Phone: 619-357-6677
Hours: Weekdays and weekends by appointment.