Bakersfield First DUI Defense Attorney
Arrested for a DUI for the First Time in Bakersfield, CA?
If you’ve been arrested for a first-time DUI in Bakersfield, the experience can be overwhelming. You may be confused, frightened, and unsure of what to do next. At Humphrey & Thompson, we understand the stress and uncertainty that comes with a first DUI arrest. Our experienced Bakersfield first DUI defense lawyers are here to help you understand your legal options, protect your rights, and work to achieve the best possible outcome in your case.
What is Considered a DUI in California?
In California, driving under the influence (DUI) refers to operating a vehicle while impaired by alcohol, drugs, or a combination of both. For most drivers, a blood alcohol concentration (BAC) of 0.08% or higher qualifies as a DUI. However, for drivers under 21 or those with a commercial driver’s license, lower BAC thresholds apply.
You can also be charged with a DUI even if your BAC is below the legal limit, as long as the arresting officer believes your ability to drive is impaired. California Vehicle Code § 23152 outlines the main types of DUI charges, including:
- 23152(a): Driving under the influence of alcohol (regardless of BAC).
- 23152(b): Driving with a BAC of 0.08% or more.
- 23152(f): Driving under the influence of drugs (DUID).
A first offense DUI is typically charged as a misdemeanor, but aggravating factors—such as injury to another person or having a child in the car—can result in felony charges.
What Happens Following a First-Time DUI Arrest?
After a first DUI arrest in Bakersfield, the process begins quickly. There are two separate proceedings: the criminal case and the administrative DMV hearing.
- DMV License Suspension: You only have 10 days from the date of your arrest to request a DMV hearing to challenge the automatic suspension of your driver’s license. If you do not request a hearing, your license will be suspended—even if you're not convicted in court.
- Arraignment and Criminal Proceedings: Your first court appearance, called an arraignment, is where charges will be formally presented, and you’ll be asked to enter a plea. From there, your attorney can request discovery, negotiate with the prosecutor, or prepare for trial.
- Alcohol Education and Temporary License: If your license is suspended, you may qualify for a restricted license that allows limited driving, typically for work or DUI classes.
Hiring a skilled Bakersfield first DUI defense attorney early in the process is crucial to protecting your driving privileges and mounting a strong defense.
First DUI Conviction Penalties
While a first DUI offense may seem less severe than subsequent ones, the consequences can still be significant, including:
- Fines and fees totaling $1,800 to $2,600
- License suspension for up to 6 months (with potential for a restricted license)
- DUI education programs ranging from 3 to 9 months
- Probation for 3 to 5 years
- Possible jail time of up to 6 months, though most first-time offenders avoid actual incarceration
- Installation of an ignition interlock device (IID)
- Criminal record that may affect employment and insurance
Penalties can be enhanced if aggravating circumstances are present, such as:
- BAC of 0.15% or higher
- Refusing a chemical test
- Causing an accident or injury
- Having a minor in the vehicle
Each case is different, and the exact penalties depend on the facts and the quality of your legal defense.
Fill out our online contact form today to schedule an initial consultation.
First DUI FAQs
Here are some of the frequently asked questions when facing a first-time DUI charge:
How does a first DUI affect my criminal record in Bakersfield?
A DUI conviction in California is a criminal offense, not just a traffic violation. A first DUI will appear on your criminal record as a misdemeanor, which can impact employment, professional licensing, and background checks. DUIs stay on your record for 10 years for purposes of sentence enhancements if you get another DUI. However, you may be eligible for an expungement after completing probation.
Can a first DUI in Bakersfield be reduced to a lesser charge?
Yes. In some cases, a first DUI can be reduced to a “wet reckless” charge through a plea bargain. This lesser charge usually carries reduced fines, shorter probation, and no mandatory license suspension from the court (though the DMV may still suspend your license). Whether this is possible depends on your blood alcohol content (BAC), driving behavior, and other case details.
Can I get a restricted license after a first DUI in Bakersfield?
Yes. If your license is suspended, you can usually apply for a restricted license that allows you to drive to work, school, and your DUI program. To qualify, you must enroll in a DUI education program, pay a reissue fee, and show proof of financial responsibility (SR-22 insurance). In some cases, you may need to install an ignition interlock device (IID) to continue driving.Do I need a lawyer for a first DUI in Bakersfield?
Do I need a lawyer for a first DUI in Bakersfield?
While you are not legally required to hire a lawyer, having an experienced Bakersfield DUI lawyer can significantly improve your chances of a favorable outcome. A lawyer can challenge the legality of your stop or arrest, the accuracy of breath or blood tests, and negotiate with prosecutors for reduced penalties. Without legal help, you may face harsher consequences.
criminal law specialists
Recognized by The State of California As Board Certified Criminal Defense Experts
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- Aimee G.
The process was easy and they made it so that I didn't have to appear in court. I highly recommended them!
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- Saijel P.
Kyle and his team are absolutely amazing! With my whole case they kept it completely stress free. Kyle will explain everything in a way you could actually understand. I highly recommend him. He's honest, fair and compassionate and fantastic to work with.
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- KC A.
I had an amazing experience with Kyle! He is a straight shooter and that was crucial for me to hear. I was able to keep all my rights, get my case dismissed and that was huge for me! Kyle was able to take a bad situation for our family and deliver results that allowed us to move forward and grow. I highly recommend Kyle and his team!
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- Joe S.
His experience and knowing what to do helped and he has wisdom in sharing and saying the right thing to calm you in whatever you are going through. At times I was talked to as if I knew the law but when questioned what he was talking about he would take the time to explain. He is a very busy man so it seemed like he was hurried but would come back to explain. Happy with the outcome and glad that we were able to find a great attorney.
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- Tina H.
My son was wrongfully accused and charged with assault. I hired Mr. Humphrey to represent him because I heard he was the best and as my son is 19 years old, I did not want this bogus charge going on his record. Mr. Humphrey did an excellent job of representing my son from day one. I am happy to say that the charges were dropped and the case was dismissed. I HIGHLY recommend Kyle J. Humphrey.
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- Jason G.
Mr Humphrey and his staff we nothing short of amazing to me and my family.
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- Randy K.
Due to the distance away from the Bakersfield area I was able to deal with the firm by phone and email. Phone service was very timely and they made me feel comfortable. If needed, I would use their services again and recommend this law office.
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- Cesar M.
They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning our defense strategy. The paralegal staff was also courteous and prompt in their responses, which made the whole stressful process much more bearable. I am profoundly grateful for their services. the Martinez Lugo family we loved them we really recommended thanks so much :)
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Charges Reduced/Dismissed
Misdemeanor Sex Crime with Mandatory Sex Registration
Settled for no registration and time served after 5 days of trial ending in a mistrial. -
Charges Reduced/Dismissed
Felony Sex Crime
Client was charged with a felony sex crime . His charges were reduced to a misdeanor. He received no sex offender registration and community service instead of jail. -
Case Dismissal
Sexual Abuse
Allegation of Continuous Sexual Abuse Dismissed Before Trial. -
Case Dismissal
Felony Sex Case
Felony Sex Case based on Undercover Decoy Sting Dismissed Entirely. -
Case Dismissal
Rape
Rape Case Dismissed Based on Defense Investigation and Medical Evaluation Before Trial. -
Case Dismissal
Sexual Battery
Local business owner charged with sexual battery, dismissed. -
Jury Trial Acquittals
Molestation and Sexual Abuse of Minors
Mr. Thompson Secures Complete Dismissal of all Charges at Jury Trial for Accusations of Molestation and Sexual Abuse of Minors
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Avoid Sex Offender Registration
Sex Offense
Juvenile Client Has Felony Sex Offense Case Dismissed and Is Not Required to Register
How a Bakersfield DUI Lawyer Can Help
Hiring a knowledgeable Bakersfield first DUI defense attorney from Humphrey & Thompson can make a substantial difference in the outcome of your case. Here’s how we can help:
Protect Your Rights
From the moment of your arrest, your rights must be upheld. We review all evidence, including police reports, dashcam footage, and breath or blood test results, to identify any violations or errors.
Challenge the Evidence
Many DUI cases hinge on chemical test results or field sobriety tests. We can challenge the validity of these results, the calibration of testing equipment, or the officer’s training.
DMV Hearing Representation
We represent you at the DMV hearing to contest your license suspension. This is a critical opportunity to preserve your driving privileges.
Reduce or Dismiss Charges
We negotiate aggressively with prosecutors to reduce charges or seek alternative sentencing options like diversion programs. In some cases, we may be able to get the case dismissed entirely due to lack of evidence or procedural mistakes.
Personalized Legal Strategy
No two DUI cases are alike. We create a customized defense strategy tailored to your unique circumstances and goals.
Contact us today to let our Bakersfield first DUI lawyer get started on your defense.
