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First Offense DUI

First Offense DUI Attorney in Dublin

Facing Your First DUI in Dublin? Here’s How We Help

If you have recently been arrested for a first-time DUI in Dublin, you may feel overwhelmed and uncertain about what happens next. At The Law Office Of Christopher A. Lamiero, we recognize how stressful this moment can be and want you to know you are not alone.

Our team is led by Attorney Christopher A. Lamiero, a former state prosecutor with over 30 years of criminal law experience, including work in Dublin, Alameda County, and the Contra Costa County courts. We use our insight as a former prosecutor and our commitment to client-focused defense to protect your future. 

From your first conversation with us, you can expect us to listen to your concerns, explain your options in straightforward language, and begin building a strategy designed for your unique situation.

Speak with a dedicated Dublin first offense DUI lawyer for a free consultation. Contact The Law Office Of Christopher A. Lamiero or call (925) 259-3337 today to leverage our former prosecutor insight and decades of focused defense.

Understanding California's DUI Statutes

In California, a person is typically charged with two counts following a DUI arrest involving alcohol:

  • VC § 23152(a): Driving Under the Influence. The prosecution must prove that alcohol impaired your mental or physical abilities to the extent that you could not drive with the caution of a sober person.
  • VC § 23152(b): Driving With 0.08% BAC or Higher (DUI Per Se). The prosecution only needs to prove that your Blood Alcohol Content (BAC) was 0.08% or higher while driving. Proof of actual impairment is not required for this charge.

The court will only sentence you for one of these two charges, but the penalties are mandatory and severe for a first offense.

Penalties for a First Offense

  • Jail Time: Minimum of 48 hours up to six months in county jail (often satisfied by community service or alternative sentencing).
  • Fines: Fines and penalty assessments totaling approximately $1,800 to $5,000.
  • DUI School: Mandatory enrollment and completion of a state-approved 3-month (30-hour) alcohol education program (upgraded to 9 months if BAC was 0.20% or higher, or if there was a refusal).
  • Probation: Three to five years of informal (misdemeanor) probation.

Additionally, you have only 10 days from the date of arrest to request a hearing with the California DMV to contest the automatic suspension of your driver's license. If you miss this deadline, your license will automatically be suspended 30 days after your arrest.

For a first offense where you submit to a test, the suspension is typically four months. Refusal to test results in a mandatory one-year suspension with no opportunity for a restricted license. We immediately contact the DMV on your behalf, file the hearing request, and appear at the hearing to challenge the officer's probable cause for the stop and the validity of the chemical test.

Key Defense Strategies Used By Our First Offense DUI Attorney

With over 30 years of experience and the unique tactical perspective of a former prosecutor, we analyze the State's evidence for every possible legal and scientific flaw.

  • Unlawful Stop (Fourth Amendment): The police must have reasonable suspicion to initiate the traffic stop. We meticulously review video and police reports to determine if the officer violated your Fourth Amendment rights. If the stop was unlawful, we file a motion to suppress all evidence, which can lead to the entire case being dismissed.
  • Challenging the Field Sobriety Tests (FSTs): We challenge the officer's interpretation of your performance, arguing that factors like medical conditions, natural coordination issues, fatigue, or poor conditions (rain, uneven ground) affected the results, rendering them unreliable evidence of impairment.
  • Attacking Chemical Test Accuracy (BAC):
    • Rising BAC Defense: We argue that the alcohol you consumed had not yet been fully absorbed into your bloodstream at the time of driving. This means your BAC was lower when you were operating the vehicle than it was at the time of the test, potentially dropping the result below the 0.08% legal limit.
    • Calibration and Protocol: We scrutinize breathalyzer maintenance logs and the officer's adherence to the 15-minute continuous observation period required before administering the test.
  • Plea Negotiation to "Wet Reckless": In cases where evidence is strong, we aggressively negotiate with the Alameda County District Attorney's office to reduce the charge to a "Wet Reckless" (Vehicle Code 23103.5). This is a non-DUI conviction that significantly reduces the fines, jail time, probation period, and, critically, the length of mandatory DUI school, often saving you thousands of dollars and months of obligation.

Why Local Experience Matters in Dublin DUI Cases

Defending a DUI case takes more than just knowledge of California law. It requires specific experience with the courts, judges, and law enforcement in Dublin and Alameda County. Attorney Lamiero’s years as both a prosecutor and defense attorney in this region give our team unique insight into the local court system.

We understand the procedures used by Dublin Police Services, how evidence is collected at DUI checkpoints on Dublin Boulevard, and what local prosecutors look for in first-time cases. 

Our relationships with the Alameda County Superior Court and practical knowledge of local practices allow us to anticipate prosecution strategies, identify weak evidence, and personalize your defense. This can be especially important when it is your first time facing a charge in court and you want to minimize the impact on your life.

Take the First Step—Contact Our Dublin DUI Defense Team Today

If you are facing your first DUI in Dublin, reaching out quickly can make a difference for your case. We invite you to contact Attorney Lamiero and our team to discuss your concerns in a confidential, supportive environment. Your consultation focuses on helping you understand your options and building a path forward—there is no pressure or obligation.

Call (925) 259-3337 or reach out online now to schedule your confidential consultation with a first offense DUI attorney in Dublin. We are ready to help you protect your license, your reputation, and your future.

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Criminal Defense FAQ

  • What is a Defense Attorney?

    A criminal defense attorney is a lawyer who specializes in defending individuals, businesses and organizations accused of committing a crime. They have the knowledge to understand the laws and legal procedures related to criminal cases. A criminal defense lawyers strives to protect their client's rights and build a strong defense case against all charges. 

    Defense attorneys use a variety of methods to help their clients, including research and investigation, interviewing witnesses, filing motions, plea bargaining with prosecutors and advocating in court for their clients. They may also advise clients on how best to prepare for trial and present evidence that could prove innocence or legal mitigating factors. In some cases, they also negotiate with prosecutors in order to get reduced or dropped charges for their clients. As experienced professionals, criminal defense attorneys look for any weaknesses in the government's case and make sure that every aspect of the law is being followed. 

    By hiring an experienced lawyer, you can be rest assured knowing that your rights are protected throughout the legal process and that you will receive sound advice to help you navigate your case.

  • Should I Accept a Plea Agreement?

    Most criminal cases resolve through plea deals. A plea bargain allows you to accept the penalty for a lesser offense, often keeping more serious charges off your record. Whether a plea will benefit you depends on your situation, but no one should accept a plea deal from someone who is not guilty of the crime.

    Having a lawyer to counsel you on your best options is critical if you hope to avoid agreeing to a deal that is not in your best interests.

  • Will I Lose My Professional License if I Am Convicted of a Felony?

    While California has passed a law prohibiting employers from asking about an applicant’s criminal history before making a job offer, this does not mean a conviction on your record will not affect your career opportunities. Many professional licensing boards have restrictions on eligibility for those who have criminal convictions.

    Depending on the type of license you hold and the circumstances of your case, a conviction may negatively affect your professional future. Having an attorney on your side can improve the chances of avoiding a career-ending conviction.

  • Why Do I Need an Attorney?

    After your arrest, you should waste no time seeking the counsel of an attorney who is familiar with California laws and the courts in Alameda County, Northern and Central California. You will be facing skilled prosecutors whose goal is to convict you.

    Your defense attorney will have the resources to construct a defense that will give you every possible advantage to avoid a conviction of the most serious charges you face. Even a misdemeanor conviction can negatively affect your life for years. I will work to prevent that from happening.

  • What Should I Do Next?

    Your first step after your arrest should be to contact an experienced criminal defense attorney. Police and investigators should not continue questioning you once you have asked for a lawyer. When you obtain legal representation from Attorney Christopher Lamiero, our firm will protect your rights and help you make the right decisions throughout the legal process.

    Call (925) 259-3337 or use our online form to obtain legal counsel from an experienced criminal defense lawyer in Dublin, CA. Se habla español.