QUESTION
What is my son looking at for underage DWI?
Asked on May 14th, 2015 on Criminal Law - California
More details to this question:
What kind of charges are my son looking at? He is 19 and was charged with a DWI. This is his first run in with the law. The police told him that his BAC was .05. He was not driving very poorly when he was pulled over for speeding and he did not get in an accident with anyone else.
6 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
He will be charged under Vehicle Code 23140 and will face a fine of $100 plus penalty assessments. It will also result in a 1 year license suspension from the DMV
Answered on May 15th, 2015 at 1:25 AM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
DUI is punishable by up to a year in jail and a $5,000.00 fine. Minimum penalties for a 1st time conviction: 1 day in jail, roughly $1200.00 in fines and assessments, minimum 90 days loss of license, followed by the installation of an interlock device for one year, alcohol/drug education as determined by the court, DUI victim panel, 5 years probation. My advice: he should have an attorney.
Answered on May 15th, 2015 at 1:22 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
You may want to find him an experienced lawyer; it's usually worth the investment. I doubt that in Wisconsin there is such a thing as underage DUI. So far as I know 2, the traffic laws don't have any special treatment for juveniles with limited exceptions, such as incarceration, when ordered, in a juvenile facility rather than an adult jail. Of course, underage drinking is a separate offense. A judge can impose a sentence less than the usual statutory minimum if a juvenile is the defendant. A first offense OWI in Wisconsin is, oddly, not a criminal offense. Hence only dollar forfeitures, and license suspension and the like are available for penalties.
Answered on May 14th, 2015 at 3:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would certainly suggest engaging in attorney and order to attempt to mitigate the damages.
Answered on May 14th, 2015 at 3:14 PM
He needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license.
Answered on May 14th, 2015 at 2:42 PM
3 Awards
This is a case where a lawyer can help. The goal here is to get a Baby DUI or Underage Drinking and Driving plea. Why? Bc the license suspension is shorter and it can be expunged. DWAI cannot be expunged and the driving suspension is 1 year. The Baby DUI is often available when the BAC is 0.05-0.06. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are ?material and exculpatory.? Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on May 14th, 2015 at 2:42 PM