First Offense DUI Attorney in Walnut Creek
Support When A First DUI Turns Your Life Upside Down
A first DUI arrest can be a shock. One traffic stop can suddenly raise questions about your license, your job, and even your future record. If this happened in or around Walnut Creek, you are likely trying to understand what comes next and how serious this really is.
At this stage, you may feel embarrassed, anxious, and unsure where to turn. You might have never been in trouble before and now face court dates, paperwork, and warnings about strict deadlines. You do not have to sort through all of this alone. Thomas Daly is a criminal defense lawyer based in Walnut Creek who represents people facing DUI charges in Contra Costa County.
He focuses on one-on-one representation and works with clients to understand what a first DUI means for them personally. His familiarity with the local courts and procedures helps first-time defendants move from confusion to a clearer plan.
Our Walnut Creek first DUI lawyer provides affordable services designed to get you the best possible outcome. Call (925) 208-4801 or reach out online now.
Understanding First-Time DUI Laws in California
In California, most DUI arrests result in two separate charges under the Vehicle Code. Understanding these "twin" charges is the first step in building a defense:
- Vehicle Code 23152(a): This statute makes it unlawful to drive a vehicle while "under the influence" of any alcoholic beverage or drug. "Under the influence" means your physical or mental abilities are impaired to the point that you can no longer drive with the caution of a sober person.
- Vehicle Code 23152(b): This is often referred to as the "per se" DUI. It makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. Under this law, the prosecution does not necessarily have to prove you were "impaired," only that your chemistry exceeded the legal limit.
For a first offense, these charges are typically prosecuted as misdemeanors. However, they remain on your criminal record and count as a "prior" offense for ten years. If you are arrested for a subsequent DUI within that decade, the penalties increase exponentially.
Attorney Daly also handles cases involving "DUI enhancements," such as having a minor in the vehicle, excessive speeding, or a BAC of 0.15% or higher, all of which can lead to harsher sentencing even for a first-timer.
A first DUI in California is a criminal charge, not a traffic ticket. For many people, this is their first experience in the criminal justice system. The exact outcome depends on several factors, such as the facts of the arrest, any injuries or property damage, and the judge and prosecutor involved.
Penalties and Collateral Consequences of a First DUI in Walnut Creek
While many first-time offenders avoid significant prison time, the total package of penalties is substantial. California law sets both minimum and maximum punishments for a first-offense conviction.
- Jail Time: 48 hours to 6 months (often stayed if probation is granted)
- Fines & Assessments: Approximately $1,800 to $3,600 total
- DUI School: 3-month or 9-month program, depending on circumstances
- Probation: 3 to 5 years of informal probation
- License Suspension: 6 to 10 months, with possible restricted driving options
Beyond the court-ordered penalties, a DUI conviction carries "hidden" costs. Your insurance premiums will likely skyrocket for several years. Furthermore, if your job requires you to drive or hold a professional license (such as a nurse, pilot, or real estate agent), a DUI can trigger disciplinary actions. He works to resolve cases in a way that minimizes these professional disruptions, often negotiating for "Wet Reckless" reductions which carry less stigma than a formal DUI.
The Dual Process: DMV and Criminal Court
A DUI arrest triggers two completely separate legal battles. You must defend yourself in both arenas to keep your license and your record clean.
The 10-Day DMV Rule
The moment you are arrested, the officer will likely confiscate your plastic driver's license and give you a pink "Notice of Suspension." This acts as a temporary 30-day permit. You have only 10 days from the date of your arrest to request a DMV hearing. If you fail to do this, your license will be automatically suspended once the 30-day permit expires. He handles these administrative hearings for his clients, often securing a "stay" that allows you to keep driving while the case is pending.
The Court Process
The criminal case begins with the Arraignment, where he enters a "not guilty" plea on your behalf. This is followed by Pre-trial hearings, where his firm reviews the "discovery"—the police reports, breathalyzer maintenance logs, and dashcam footage. Many first-offense cases are resolved during this phase through negotiations with the District Attorney. If a fair agreement cannot be reached, the case proceeds to a jury trial where the state's evidence is put to the test.
Steps To Take After A First DUI Arrest
The hours and days after a first DUI can feel confusing. Taking a few organized steps can make a real difference later. These actions are not about fixing everything at once, but about protecting your options while you decide how to move forward.
Right after a first DUI arrest, it can help to:
- Keep all paperwork from law enforcement and the DMV in one place so nothing is misplaced.
- Write down your memory of the stop, tests, and conversations with officers while details are still fresh.
- Mark any listed court dates on your calendar and plan ahead so you can attend on time.
- Read any notices about license issues carefully, since they may mention time limits for requesting a DMV hearing.
- Avoid discussing the details of your case on social media or with people who do not need to be involved.
- Consider speaking with a first offense DUI lawyer in Walnut Creek for local guidance before deciding how to plead.
These steps help organize information that an attorney will likely need and reduce the risk of missing important deadlines. When clients bring this material to an initial conversation, it often makes that meeting more productive and allows more time to focus on goals and choices.
Why First-Time DUI Clients Choose Us
People facing a first DUI often want two things. They want a lawyer who understands the law and local courts, and they want someone who will listen without judgment. Thomas Daly offers both. As a Walnut Creek criminal defense lawyer, he represents clients throughout Contra Costa County and appears in the courthouses in Martinez, Richmond, and Pittsburg.
Many firms move cases through a system where clients speak with several different people. Thomas Daly takes a different approach. He provides one-on-one attention, which means he takes time to hear your side of what happened, your concerns about work or family, and your priorities for resolving the case. For a first-time DUI, those details can shape how options are evaluated and how your defense is presented.
His work combines vigorous advocacy with modern defense strategies. In practice, that means he looks closely at the traffic stop, field sobriety tests, breath or blood testing, and the way officers documented the incident. While every case is different, this type of careful review can help identify issues that matter for negotiations or litigation.
Clients also choose him because of his focus on protecting rights and privacy. A first DUI can raise concerns about reputation, professional licensing, and background checks. Thomas Daly is mindful of these long-term effects. He works to safeguard client information and to guide each person through decisions that may affect not only the case today but also future opportunities.
How Thomas Daly Helps First DUI Clients in Walnut Creek
When a client contacts Thomas Daly after a first DUI in Walnut Creek, he begins by understanding the situation from their perspective. He discusses the traffic stop, interactions with officers, and broader concerns such as work, licensing, or immigration issues. This conversation helps set realistic expectations and guide the next steps in the case.
He reviews all available evidence, including reports and test results, to identify potential issues with the stop, field sobriety tests, or breath and blood samples. Communication and privacy are priorities throughout the process. Daly answers questions in clear language, prepares clients for court, explains options and plea agreements, and works to protect confidentiality while guiding clients toward informed, long-term decisions.
Thomas Daly does not simply "plead you out." He treats every case as if it is headed for trial, which often gives him the leverage needed to secure a better deal. His methodology for defending first-time charges includes:
- Challenging the Initial Stop: If the officer lacked "reasonable suspicion" to pull you over, all evidence gathered after the stop—including your BAC results—may be suppressed.
- Scrutinizing Field Sobriety Tests (FSTs): These tests are notoriously subjective. Factors like poor lighting, uneven pavement, nervousness, or physical injuries can cause a sober person to "fail." He knows how to cross-examine officers on their failure to follow standardized testing protocols.
- Breath and Blood Test Accuracy: Machines like the Alco-Sensor IV must be calibrated and maintained perfectly. He investigates the maintenance records to ensure the machine was functioning correctly on the night of your arrest.
- Title 17 Violations: California's Title 17 regulations dictate how blood and breath samples must be collected and stored. Any deviation from these rules can cast doubt on the reliability of your BAC reading.
Talk To A Walnut Creek DUI Lawyer
A first DUI is serious, but you do not have to face it by yourself or guess about what might happen. With informed guidance, many people are able to move through the process, address court and DMV requirements, and make decisions that reflect their goals and responsibilities.
As a Walnut Creek criminal defense lawyer, Thomas Daly provides one-on-one representation for people facing first offense DUIs in Contra Costa County. He brings local court experience, careful case review, and a clear commitment to protecting client rights and privacy. If you have questions about your situation, a conversation can help you understand your options.
To talk with Thomas Daly Law, A Professional Corporation about a first DUI and the next steps available to you, call to schedule a consultation. Call (925) 208-4801 to speak with our firm.
Frequently Asked Questions
Will I Go To Jail For My First DUI?
Many first-time DUI cases in Contra Costa County are resolved with probation and conditions rather than extended jail time. The exact outcome depends on factors such as your record, the facts of the case, and the judge. Thomas Daly can explain what courts commonly do in similar situations.
How Soon Will My License Be Suspended?
The DMV can start an administrative suspension process shortly after an arrest, often based on notice given at the time of booking or release. Court outcomes can also affect your license. Specific timing depends on hearings, test results, and other factors. A lawyer can help you understand the timeline in your situation.
Do I Really Need A Lawyer For A First DUI?
You are not required to have a lawyer, but many people find that a first offense DUI attorney in Walnut Creek helps them understand options more clearly. Legal guidance can be especially important when balancing court, DMV issues, and long-term consequences for work and background checks.
What Will Working With Thomas Daly Look Like?
You can expect to work directly with Thomas Daly, not be passed from person to person. He listens to your concerns, reviews the evidence, and explains the process step by step. Throughout the case, he focuses on clear communication, respect, and protecting both your rights and your privacy.
Will My Employer Or Family Find Out About My DUI?
Whether others learn about your case often depends on your job requirements, licensing rules, and how you choose to share information. Court records can be public, but not everyone checks them. Thomas Daly can discuss practical considerations and help you think through how to manage conversations about your case.