Being arrested for driving under the influence (DUI) for the first time can be one of the most stressful experiences of your life. In Fresno County, even a first offense carries serious penalties under California law. Beyond fines and probation, a conviction can affect your driver’s license, your employment, and your reputation.

At The Law Office of Brian C. Andritch, we represent clients facing DUI charges in Fresno and throughout the Central Valley. Below is a detailed look at how first-time DUIs are typically handled, the penalties you may face, and what to expect in the legal process. Call us today at (559) 785-2372 if you’ve been charged with DUI in Fresno County.

California DUI Laws and Fresno County Enforcement

In California, DUI offenses are governed by the California Vehicle Code, primarily:

  • Vehicle Code § 23152(a): Driving under the influence of alcohol or drugs.
  • Vehicle Code § 23152(b): Driving with a blood alcohol concentration (BAC) of 0.08% or higher.

Fresno County enforces these statewide laws but is known for applying penalties on the stricter side, even for first-time offenders. That means a conviction here can have long-lasting effects on your freedom, finances, and driving privileges.

For context, a first-offense DUI is usually a misdemeanor. However, aggravating circumstances—such as a high BAC, an accident involving injury, or refusing a chemical test—can increase the severity of the penalties.

Typical Penalties for a First-Offense DUI in Fresno County

Even though it’s your first DUI, Fresno County prosecutors and judges take these cases seriously. Here are the penalties most drivers can expect if convicted:

Jail Time

  • Minimum of 48 hours in jail, up to a maximum of six months.
  • In many cases, judges may allow community service or alternative work programs in place of jail time.

Fines and Court Costs

  • Fines range from $390 to $1,000, but after mandatory assessments and fees, the total often exceeds $1,800 to $2,000.

Probation

  • Most first-offense DUIs come with three to five years of informal probation.
  • Conditions usually include obeying all laws, not driving with any measurable amount of alcohol in your system, and submitting to chemical testing if stopped again.

DUI Education Programs

  • First-time offenders typically must complete a 3-month, 30-hour alcohol and drug education program.
  • If your BAC was 0.15% or higher, the court may require a 6- to 9-month program.

Driver’s License Suspension

  • DMV Administrative Suspension: After arrest, the DMV issues a four-month suspension for failing a chemical test.
  • Court Suspension: Upon conviction, courts impose an additional six-month suspension.
  • In some cases, you may qualify for a restricted license if you install an ignition interlock device (IID).

Ignition Interlock Device (IID)

  • Fresno courts increasingly require IID installation, even for first offenses.
  • The IID allows you to drive with a restricted license during your suspension period.

Insurance and SR-22 Requirement

  • A DUI conviction requires filing an SR-22 certificate with the DMV.
  • Insurance rates can double or triple for several years after conviction.

Fresno County’s Approach to Sentencing

While California law provides a framework, Fresno County judges have discretion within the statutory range. Many local cases involve a combination of fines, probation, DUI school, and license restrictions.

For example:

  • Some first-time offenders are sentenced to a work program instead of jail time.
  • Judges may impose higher fines or longer probation if aggravating factors are present.
  • Completing DUI school and maintaining compliance with probation terms are essential to avoid additional penalties.

Fresno courts also tend to scrutinize cases involving BAC levels over 0.15%, minor passengers, or speeding at the time of arrest, which can result in harsher penalties.

Aggravating Factors That Increase Penalties

Not all first DUIs are treated equally. Several circumstances can enhance your sentence:

  • High BAC (0.15% or higher)
  • Refusal to take a chemical test (can lead to a one-year license suspension)
  • DUI with a minor in the vehicle (possible child endangerment charges)
  • Excessive speeding or reckless driving while impaired
  • Accidents resulting in injury (may elevate the charge to a felony)

These factors often lead to extended probation, mandatory IID installation, longer DUI programs, and in some cases, felony charges.

What to Expect During the DUI Process in Fresno County

The Arrest and Booking

After a DUI arrest, the officer will confiscate your driver’s license and issue a 30-day temporary license. You will also be given a notice of your right to a DMV hearing.

DMV Administrative Hearing

You have only 10 days from the arrest date to request a hearing with the DMV. This hearing determines whether your license will be suspended, regardless of the court’s ruling.

Criminal Court Proceedings

The criminal case begins with an arraignment, where you are formally charged. You may enter a plea, and if the case proceeds, pre-trial motions and negotiations follow. Some cases resolve with plea deals, such as a “wet reckless” (Vehicle Code § 23103.5), which carries lighter penalties than a DUI.

Sentencing and Probation

If convicted, the court imposes penalties such as probation, fines, DUI school, and potential jail or work program requirements.

License Reinstatement

To reinstate your driving privileges after suspension, you must:

  • Complete DUI school
  • File an SR-22 form
  • Pay DMV reinstatement fees
  • Install an IID, if ordered

Long-Term Consequences of a First DUI in Fresno

Even though it’s a misdemeanor, a first DUI conviction in Fresno County can affect your life for years:

  • Driving Record: A DUI stays on your driving record for 10 years.
  • Employment: Jobs requiring driving or professional licensing may be affected.
  • Travel Restrictions: Some countries, such as Canada, may restrict entry for individuals with a DUI.
  • Insurance Costs: Higher premiums can last three to five years, significantly increasing your financial burden.

Why Local Experience Matters in Fresno DUI Cases

Fresno County prosecutors and judges handle hundreds of DUI cases each year. Local knowledge can make a difference in understanding courtroom procedures, available diversion programs, and sentencing practices.

Attorney Brian C. Andritch is a former prosecutor with over 20 years of criminal law experience. His background provides valuable insight into how DUI cases are charged and negotiated in Fresno courts.

Working with a skilled Fresno DUI defense attorney can help you navigate both the DMV process and the criminal court system while protecting your rights at each stage.

Conclusion

A first-offense DUI charge in Fresno County is serious, carrying penalties that include fines, probation, DUI school, and possible jail time. Beyond the immediate consequences, a conviction can impact your driving record, insurance costs, and even future employment opportunities.

If you are facing DUI charges, it’s important to understand how the process works and what penalties you may be up against. To learn more about your options and to discuss your case, contact The Law Office of Brian C. Andritch at (559) 785-2372 to schedule a free consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.