Facing a DUI charge for the first time can be overwhelming. You’re worried about your license, your job, and your future—and you may feel like there’s no way out. But a first-time DUI in California doesn’t automatically mean a conviction. With the right defense strategy and experienced representation, your case can often be reduced, dismissed, or diverted entirely.
At Simmons & Wagner, our team of former Orange County District Attorneys understands both sides of the courtroom. We’ve been involved in hundreds of DUI cases, giving us a unique perspective on how to expose weaknesses in the state’s evidence and protect your rights from the start.
Understanding a First-Time DUI Charge
In California, a first-offense DUI typically involves one or both of the following allegations:
- Driving under the influence of alcohol or drugs (Vehicle Code §23152(a))
- Driving with a blood alcohol concentration (BAC) of 0.08% or higher (Vehicle Code §23152(b))
A conviction can result in fines, a six-month license suspension, probation, mandatory DUI education programs, and even jail time. However, every case is different—and many can be fought successfully with the right approach.
Common Defense Strategies That Work
1. Challenging the Traffic Stop
If law enforcement didn’t have reasonable suspicion to pull you over, everything that followed—including breath and blood test results—may be inadmissible in court.
2. Questioning Field Sobriety Tests
These tests are subjective and often unreliable. Uneven ground, poor lighting, medical conditions, or nervousness can all cause false “failures.”
3. Disputing Breathalyzer Accuracy
Breath-testing devices must be properly calibrated and maintained. Any error in procedure, documentation, or timing can make BAC readings inaccurate or invalid.
4. Highlighting Rising Blood Alcohol Levels
Your BAC may continue to rise after you stop driving. If your test was delayed, it’s possible you were under the legal limit while actually behind the wheel.
5. Examining Police Procedure and Evidence Handling
We scrutinize every aspect of your arrest—from body cam footage to lab reports—to find inconsistencies or violations of due process that can lead to dismissal.
Why Early Legal Intervention Matters
The earlier you speak with a DUI defense attorney, the stronger your defense will be. Within just 10 days of arrest, you must request a DMV hearing to protect your driver’s license. Failing to do so can result in automatic suspension.
Our team acts immediately to preserve your rights, collect critical evidence, and begin building your case before the prosecution finalizes theirs.
The Simmons & Wagner Advantage
As former Orange County District Attorneys, we know how prosecutors think—and how to counter their tactics effectively. We bring:
- Insider experience from years on the prosecution side
- Personalized defense strategies tailored to your specific circumstances
- Aggressive courtroom advocacy focused on reducing or dismissing charges
Take Control of Your Case Today
A DUI arrest doesn’t define your future. With the right defense, you can move forward with confidence and protect what matters most.
Contact Simmons & Wagner today for a confidential consultation. We’ll review your case, explain your options, and start crafting the defense you deserve.