Huntington Beach First DUI Defense Attorney

Experienced Legal Defense for Your First DUI Charge

Facing your first DUI charge can be one of the most stressful experiences of your life. You may be worried about your license, your job, and your future. At Gold & Witham, our skilled Huntington Beach first DUI defense lawyers understand the challenges you’re facing — and we’re here to protect your rights, fight your charges, and help you move forward. Whether you were stopped after a night out on Main Street or near the Pacific Coast Highway, you deserve an aggressive and knowledgeable defense team on your side.

Call (800) 716-6791 today to schedule a free consultation.

What is a DUI in California?

In California, driving under the influence (DUI) means operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. The most common charge is based on Blood Alcohol Concentration (BAC) limits established under California Vehicle Code §23152:

• 0.08% or higher for most drivers (standard DUI)
• 0.04% or higher for commercial drivers
• 0.01% or higher for drivers under 21 or those on DUI probation

However, even if your BAC is under the legal limit, you can still be arrested if the officer believes you were impaired to the point of being unable to drive safely. This makes DUI cases complex — and why having an experienced Huntington Beach first DUI defense lawyer is essential. Your attorney can challenge the evidence, question the legality of the traffic stop, and ensure your rights were not violated during your arrest.

What Happens After I’m Arrested?

If you’re arrested for a DUI in Huntington Beach, your case will involve two separate legal proceedings — a criminal case and an administrative DMV hearing.

The DMV Hearing

When you’re arrested, your driver’s license is typically confiscated, and you’re given a temporary one valid for 30 days. You then have only 10 days to request a hearing with the California Department of Motor Vehicles (DMV) to contest the automatic suspension of your license.

If you fail to request this hearing, your license will be automatically suspended once the temporary license expires. An attorney from Gold & Witham can request and represent you at the hearing to help protect your driving privileges.

The Criminal Case

Separately, you’ll face a criminal case in Orange County Superior Court (often the Westminster Justice Center for Huntington Beach arrests).

At your arraignment, you’ll enter a plea — guilty, not guilty, or no contest. Your attorney can begin negotiations with the prosecutor, file motions to suppress evidence, and prepare your defense for trial if necessary.

DUI cases often hinge on the validity of the traffic stop, the accuracy of field sobriety tests, and the reliability of breath or blood test results — all areas your defense attorney will carefully examine.

First DUI Offense Penalties

Even a first DUI conviction in California can carry serious penalties that impact every part of your life. If convicted, you could face:

• Jail Time: Up to 6 months in county jail (though jail is often avoidable for first offenders with good representation)
• Fines & Fees: Between $1,500 and $2,500 after assessments and court costs
• License Suspension: A 6-month suspension through the court, and potentially a longer administrative suspension through the DMV
• Probation: Typically 3 to 5 years of informal (summary) probation
• DUI School: Completion of a 3- to 9-month DUI education program
• Ignition Interlock Device (IID): You may be required to install an IID in your vehicle to regain restricted driving privileges

These penalties can increase if aggravating factors are involved, such as a BAC over 0.15%, refusing a chemical test, or having a child in the vehicle.

However, our Huntington Beach first DUI defense attorney can often help reduce or avoid many of these consequences through plea negotiations, alternative sentencing options, or challenging the prosecution’s evidence.

How Gold & Witham Can Help

At Gold & Witham, we take an aggressive, strategic approach to DUI defense. Our attorneys investigate every detail of your arrest to identify potential defenses, such as:

• Unlawful traffic stop or arrest
• Improperly administered field sobriety or chemical tests
• Faulty breathalyzer equipment
• Violation of your constitutional rights

We also work closely with clients to protect their driver’s licenses and explore options like restricted licenses that allow continued driving for work or family needs.
With extensive knowledge of the Orange County DUI court system, we know how local judges and prosecutors handle first-time cases — and we use that insight to your advantage.

First DUI FAQs

Will I lose my license after my first DUI?

Not automatically. You have 10 days after your arrest to request a DMV hearing. If you win the hearing or your case is dismissed, you may avoid a license suspension altogether.

Can I avoid jail for a first DUI in California?

In many first-offense cases, especially those with no aggravating factors, jail time can be replaced with probation, community service, or DUI school — particularly with the help of a defense attorney.

Will a DUI stay on my record forever?

A DUI conviction stays on your criminal record indefinitely but counts as a “prior” for 10 years for sentencing purposes. You may be eligible for expungement after completing probation.

Can I refuse a breath or blood test?

California’s implied consent law requires drivers lawfully arrested for DUI to submit to a chemical test. Refusing can result in automatic license suspension and enhanced penalties.

What if I wasn’t drunk but still got charged?

You can still be charged if an officer believes drugs (including prescription medications) impaired your ability to drive. However, chemical tests and evidence must meet strict legal standards — and your attorney can challenge their accuracy.

Speak with a Huntington Beach First DUI Defense Attorney Today

If you’ve been arrested for your first DUI in Huntington Beach, don’t face the system alone. A mistake doesn’t have to define your future. The dedicated legal team at Gold & Witham will fight to protect your rights, minimize the consequences, and help you get back on track.

Contact us today to get started on building your defense.