San Bernardino County DUI Defense
First DUI in San Bernardino County
A first DUI arrest can create two separate proceedings: a criminal case in court and an administrative driver-license matter with the California DMV. The Law Offices of Kirk M. Tarman & Associates represents clients facing first-offense DUI allegations throughout San Bernardino County, including Rancho Cucamonga, San Bernardino, Victorville, Ontario and Fontana.
What Happens After a First DUI Arrest?
A first DUI arrest in California can set two separate processes in motion. The first is a criminal case filed by the District Attorney in the applicable court. The second is an administrative driver-license proceeding handled by the California Department of Motor Vehicles. These are separate proceedings with separate timelines, separate decision-makers, and separate potential outcomes. What happens in one does not automatically determine what happens in the other.
California DMV generally allows a driver to request an administrative hearing within 10 days of receipt of the applicable suspension or revocation order. The arresting officer may provide an Order of Suspension or Revocation and temporary driving privilege documentation at the time of arrest.
Common First DUI Charges
A first DUI arrest in California most commonly involves one or both of the following Vehicle Code sections. Both may be charged arising from the same incident.
VC 23152(a)
Driving Under the Influence
This charge addresses driving while under the influence of alcohol. It does not require a specific BAC level — the prosecution must show that the driver's ability to operate a vehicle was impaired by alcohol. Driving observations, field sobriety test results, officer testimony, and chemical evidence are all potentially relevant.
VC 23152(b)
Driving With 0.08% or Higher BAC
This is a separate DUI theory based on a qualifying blood alcohol concentration level. For most adult drivers, the threshold is 0.08% or higher. Different thresholds may apply to commercial drivers and drivers under 21. A reported BAC result does not end the inquiry — how the result was obtained and the reliability of the testing process are both potentially relevant.
Can You Be Charged With DUI Below .08?
A BAC below .08 does not automatically prevent a DUI charge under VC 23152(a). The prosecution may rely on driving observations, field sobriety testing, officer testimony, chemical evidence and other circumstances to support an impairment-based DUI allegation.
What Happens to Your License After a First DUI Arrest?
Administrative Per Se (APS) Action
For a qualifying first APS offense involving a BAC of 0.08% or higher, the California DMV states that the APS suspension is generally four months. The temporary license provided at the time of arrest is generally valid for 30 days from issuance, if otherwise valid. These statements apply to qualifying cases — not every DUI arrest results in the same DMV action.
Chemical test refusal cases are subject to different DMV consequences and should not be analyzed under the same framework as ordinary BAC cases.
A driver may request an administrative hearing within the applicable deadline. The deadline runs from receipt of the applicable order — not necessarily from the date of arrest.
Can I Keep Driving After a First DUI Arrest?
Whether you can continue driving after a first DUI arrest depends on several factors, including the type of DMV action, whether you submitted to or refused chemical testing, your court conviction status, IID eligibility, DUI program enrollment, proof of insurance requirements, and DMV rules. Qualifying APS offenders who submitted to testing may be eligible to seek an IID-restricted license, subject to DMV requirements and procedures. Eligibility is not automatic and depends on the specific circumstances of each case.
Possible Court Consequences for a First DUI
A first non-injury DUI conviction in California may result in consequences that can include some or all of the following, depending on the specific facts and resolution of the case:
- Probation (typically three to five years for a misdemeanor DUI)
- Mandatory DUI education program (three, six, or nine months depending on BAC and circumstances)
- Fines and court assessments (base fines plus assessments and local court costs, which can vary significantly)
- Driver's license suspension or restriction through the DMV and/or court
- Possible custody exposure, which may be served in various forms depending on the court and circumstances
- Alcohol-related conditions of probation
- Possible ignition interlock device (IID) requirements or court-ordered IID
- Other court-ordered conditions depending on the case
The actual outcome of a first DUI case depends on the specific charge, BAC level, whether an accident or injury is alleged, whether a refusal is alleged, prior record, the county and courthouse, the facts of the case, and whether the matter resolves through negotiation or conviction after trial.
First DUI With Aggravating Factors
Additional issues can arise in a first DUI case when the allegations involve circumstances beyond a standard BAC stop. These can include an elevated BAC, an alleged chemical test refusal, a collision, allegations of speeding or dangerous driving, a child passenger in the vehicle, an active probation term, drug involvement, or injury to another person. Each of these circumstances can affect how the case is charged, what DMV consequences apply, and what potential outcomes are available.
- Elevated BAC (0.15% or higher)
- Chemical test refusal
- Collision or property damage
- Speeding or reckless driving allegations
- Child passenger (under 14)
- Active probation
- Drug involvement
- Injury to another person
What Evidence Is Reviewed in a First DUI Case?
A DUI defense review examines the evidence gathered before, during, and after the stop. The relevance of each issue depends on the specific facts of the case.
Driving Pattern
How the vehicle was being operated before the stop — lane position, speed, signaling, and other observations documented by the officer.
Reason for Stop
Whether the traffic stop was lawfully initiated. The legal basis for the stop is a threshold issue in every DUI case.
Officer Observations
The officer's documented observations of the driver — odor, speech, eyes, coordination, and demeanor — form part of the probable cause analysis.
Field Sobriety Tests
Standardized field sobriety tests are investigative tools. Administration, instructions, surface conditions, lighting, footwear, and medical factors can all be relevant.
Preliminary Breath Test
A PAS device result obtained at the scene. PAS results are generally used for probable cause purposes and are subject to their own evidentiary rules.
Evidential Breath Test
A breath test administered at the station or jail on an approved device. Calibration records, maintenance logs, and testing procedures are potentially relevant.
Blood Test
Blood draw procedures, collection, handling, storage, chain of custody, and laboratory analysis are all potentially subject to review.
Body-Worn Camera
Officer body camera footage may capture the stop, field sobriety testing, and arrest. Availability and completeness vary.
Dash / Surveillance Video
Patrol car dash camera footage or third-party surveillance video may document driving behavior or the stop itself.
Witness Statements
Statements from passengers, bystanders, or other witnesses may be relevant to driving behavior, the stop, or events at the scene.
Chemical-Test Procedures
Whether required observation periods, calibration requirements, and testing protocols were followed is potentially relevant to the reliability of the result.
Timing of Driving and Testing
The time between driving and chemical testing can be relevant to rising BAC arguments and the relationship between the test result and the BAC at the time of driving.
Field Sobriety Tests in First DUI Cases
Field sobriety tests are investigative tools used to assess potential impairment. They are not scientifically conclusive. A number of factors can affect performance on standardized field sobriety tests, including the clarity of instructions given, the surface and conditions where testing occurred, footwear, medical conditions or physical limitations, fatigue, lighting, and how the officer administered and scored the tests. Body-camera footage, where available, may provide an independent record of the testing conditions and the driver's performance.
Breath and Blood Testing in First DUI Cases
Chemical test evidence — whether breath or blood — is often central to a DUI prosecution. Issues that may arise in connection with chemical evidence include the timing of the test relative to driving, calibration or maintenance records where applicable, collection procedures, documentation, blood sample handling and storage, laboratory testing and analysis, physiological factors that can affect results, and rising BAC arguments where supported by the evidence. No single issue automatically invalidates a chemical test result. The relevance of any particular issue depends on the facts of the case.
First DUI Cases in San Bernardino County
First DUI cases in San Bernardino County may be filed in different courthouse locations depending on where the incident occurred and court assignment. The Law Offices of Kirk M. Tarman & Associates represents clients in DUI matters throughout the county.
Rancho Cucamonga District
DUI cases arising in the western portion of San Bernardino County, including Rancho Cucamonga, Ontario, Upland, Fontana, and Chino, are often assigned to the Rancho Cucamonga courthouse.
San Bernardino Justice Center
Cases arising in the San Bernardino area may be assigned to the San Bernardino Justice Center.
Victorville District
Cases arising in the High Desert area, including Victorville, Apple Valley, and Hesperia, may be assigned to the Victorville courthouse.
Can a First DUI Be Reduced?
Depending on the evidence, legal issues and negotiations, some DUI cases may resolve through dismissal, reduction or a different offense. One possible negotiated disposition in some cases is commonly referred to as a wet reckless — a plea to reckless driving with an alcohol notation. Whether any reduction is available depends on the specific facts, the evidence, and the prosecution's position. Not every first DUI case is eligible for a reduction, and no outcome can be promised.
First DUI — Frequently Asked Questions
Is a first DUI a misdemeanor or felony in California?
A first DUI is generally charged as a misdemeanor in California, provided no injury is alleged and no prior felony DUI conviction exists. Certain circumstances — including DUI causing injury or death — can result in felony charges even on a first offense. The specific charges depend on the facts of the case.
Can I be arrested for DUI with a BAC under .08?
Yes. California Vehicle Code section 23152(a) addresses driving under the influence of alcohol and does not require a specific BAC level. A person may be arrested and charged under this section based on driving observations, field sobriety test performance, officer observations, and other evidence, even if the reported BAC is below 0.08%.
Will I lose my license after a first DUI?
A first DUI arrest can trigger a separate DMV administrative action affecting your driving privilege. Whether a suspension is imposed, and for how long, depends on the type of action, whether you submitted to or refused chemical testing, and whether a hearing is requested and the outcome of that hearing. A court conviction can also result in separate license consequences. The specific outcome depends on the facts of your case.
How long do I have to request a DMV hearing?
California DMV generally allows a driver to request an administrative hearing within 10 days of receipt of the applicable suspension or revocation order. The deadline runs from receipt of the order — not necessarily from the date of arrest. Review the paperwork you received after the arrest and act promptly.
Are the DMV case and criminal case the same?
No. They are two separate proceedings. The DMV administrative case concerns your driving privilege and is handled by the California Department of Motor Vehicles. The criminal case is filed by the District Attorney and proceeds through the California court system. Each has its own timeline, decision-maker, and potential outcomes. What happens in one does not automatically determine what happens in the other.
Do I have to install an ignition interlock device after a first DUI?
IID requirements after a first DUI depend on the type of DMV action, whether you submitted to or refused chemical testing, court conviction status, and applicable DMV rules. Qualifying APS offenders who submitted to testing may be eligible to seek an IID-restricted license. Court-ordered IID requirements are separate and depend on the court and the terms of any conviction or probation. The specific requirements depend on the facts of your case.
Can a first DUI be reduced to a wet reckless?
In some cases, a DUI charge may be negotiated to a plea to reckless driving with an alcohol notation — commonly called a wet reckless. Whether this is available depends on the evidence, the specific facts, and the prosecution's position. It is not available in every case and cannot be promised.
Do I have to go to court personally for a first DUI?
In many misdemeanor DUI cases in California, an attorney may be able to appear on your behalf for certain proceedings. Whether personal appearance is required depends on the court, the stage of the case, and the specific circumstances. Your attorney can advise you on appearance requirements for your case.
Can a first DUI affect employment or professional licensing?
A DUI conviction can potentially affect employment, professional licenses, security clearances, and other matters depending on your occupation and the specific circumstances. The impact varies widely. If you hold a professional license or have employment concerns, it is important to discuss those issues with an attorney.
What happens if my blood-test result is still pending?
If your blood was drawn but the laboratory result is not yet available, the case may proceed on other evidence while the result is pending. Once a result is available, it may be used in both the criminal case and the DMV proceeding. The timing of the result and how it is used depends on the facts and the stage of each proceeding.
Kirk M. Tarman — DUI Defense Attorney
Kirk M. Tarman
Founding Attorney
California State Bar No. 203966
25+ Years of Criminal Defense Experience
Kirk M. Tarman represents individuals facing DUI and criminal charges throughout San Bernardino County and Southern California. He is a member of the California State Bar and is familiar with local courthouse procedures, filing practices, calendars, and appearance requirements throughout San Bernardino County.
Facing a First DUI in San Bernardino County?
Contact The Law Offices of Kirk M. Tarman & Associates to discuss the criminal and DMV issues that may arise after a first DUI arrest.