What is the punishment for a first-time DUI in Los Angeles?

A first-offense misdemeanor DUI under Vehicle Code § 23152(a)/(b) in California carries up to 6 months in county jail, fines and assessments typically totaling about $1,800–$2,200, a 6-month license suspension (often convertible to a restricted license after IID install), 3–5 years of summary probation, and a 3-month DUI school (AB-541). Many first DUIs negotiate down to wet reckless (VC § 23103.5) or dry reckless depending on BAC and facts.

What is PC 1000 diversion?

Penal Code § 1000 is California's pretrial drug diversion program. For qualifying personal-use possession charges (e.g., HS § 11350, HS § 11377), the defendant enters a treatment program, charges are deferred, and on successful completion the case is dismissed and arrest records sealed. Eligibility requires no disqualifying priors and no serious or violent felony allegations in the current case.

What is PC 1001.95 misdemeanor diversion?

Penal Code § 1001.95 gives judges broad discretion to grant pretrial diversion on most misdemeanors. The defendant is placed on terms (typically up to 24 months) and on successful completion the case is dismissed and arrest deemed never to have occurred. PC 1001.95 does not apply to DV (PC 273.5), DUI, stalking, registrable sex offenses, or some other excluded charges.

What is the difference between PC 240 and PC 245?

Penal Code § 240 (simple assault) is a misdemeanor — an attempted unlawful touching. Penal Code § 245(a)(1) is assault with a deadly weapon or by means of force likely to produce great bodily injury. It is a 'wobbler' chargeable as felony or misdemeanor and is a serious felony under PC § 1192.7(c) if charged as a felony and pleaded as such, which can become a 'strike' for Three Strikes purposes.

Can a domestic violence charge be expunged in California?

A misdemeanor PC § 273.5 conviction can be expunged under PC § 1203.4 after successful completion of probation, with limited exceptions. Expungement releases the defendant from many penalties of the conviction but does not seal the record and does not restore federal firearm rights. A PC § 851.91 record-sealing petition may be available if charges were dismissed or the defendant was acquitted.

How does a bench warrant recall work in California?

A bench warrant for failure to appear can typically be recalled by a noticed motion or by appearing in court — often, where the case is a misdemeanor, the attorney can appear under PC § 977(a) without the defendant present. The court will normally reinstate bail or release on own recognizance if the underlying matter is minor and the reason for the FTA is presented credibly.

Criminal Defense Information Hub

A comprehensive index of California criminal defense topics, organized by code section and process. Use this hub to jump directly to detailed pages on charges, deadlines, defenses, and post-conviction relief in Los Angeles County.

Charges We Defend, By Code Section

DUI & Driving

Violence Charges

Weapons (Penal Code)

Drug Crimes

Drug Crime Defense (HS Code)

Theft Crimes

White-Collar Crime

Property Crimes

Process & Relief

Before Charges Are Filed

Pre-Filing Intervention

Alternatives to Conviction

Diversion (PC § 1000, § 1001.36, § 1001.80)

Outstanding Warrants & Violations

Cleaning Up Your Record

More Misdemeanor Defense Resources

For misdemeanor-specific resources, including offenses not covered on this page, visit our sister site Los Angeles Misdemeanor Lawyer. Same attorney, same flat-fee approach, deeper coverage on common LA misdemeanor charges.

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The Law Office of Zak Fisher · Attorney Zak Fisher · California Bar No. 332712 · 8335 Sunset Blvd., Suite 354, West Hollywood, CA 90069 · Attorney advertising. The information on this page is not legal advice and does not create an attorney-client relationship.

More Criminal Defense Resources

Charged with a crime in LA? Start at the criminal defense practice overview.
Constitutional Defense in California: how the Bill of Rights actually works in your case.
First Amendment Defense: criminal threats (PC 422), protest arrests, recording police.
Fourth Amendment Defense: searches, seizures, motions to suppress under PC 1538.5.
What to do when pulled over in California
What to do if you are arrested in California
Charge areas: DUI, Drug Crime, Domestic Violence, Weapons, Theft

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