QUESTION

Am I looking at jail time for 1st DUI and 2 grossly aggravated factors?

Asked on Jun 04th, 2013 on DUI/DWI - Wisconsin
More details to this question:
I am a wife and mother of 2, scared to death. I just got a DUI on Thursday while sitting in someone's driveway. Someone called in a complaint that I was speeding up and down the road. Cops made me do field sobriety test and breathalyzer. A kid that's 15 that I was like a big sister to was sitting in car with me but he walked down. I wasn't driving him. Police still put him in report. I blew a .19 first time then 3 minutes later a .20. I never had a ticket or DUI or anything.
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8 ANSWERS

Geoffrey MacLaren Yaryan
If may have a lot to do with what county the court is in. Here in Riverside county you would probably get in an electronic monitoring program (house arrest) or a weekend work program. Anywhere from 3 to 10 days. That is if there is no filing regarding the minor. Didn't he tell them he had not been in your car while you were driving?
Answered on Jun 10th, 2013 at 12:30 AM

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You face DUI and child endangerment. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jun 06th, 2013 at 8:43 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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In California, you are usually looking at a 4 to 6 months license suspension, but you may be eligible for a restricted license (to and from school and/or work). If your blood alcohol level is above .20 then there is a 10 month restriction, as well as other enhancements for excessive alcohol. Fines from $390 to $1,000 plus penalty assessments and court costs which beings to the total to about $2,000.00. Your car may be impounded for up to 6 months. Up to 3 year optional ignition interlock device installed on your car. 96 hours to 6 months jail sentence, at least 48 hours of which must be continuance. If you have had a prior DUI within the preceding 10 years, it could be charged as felony with between 1 year and 3 year jail sentence. Depending on the County where the arrest occurred, generally a 1st time DUI offender, with a good attorney, will do little, if any, jail time. However, the defendant will need to jump through some hoops and will be on informal probation from 3 to 5 years. The courts usually order that the defendant pay a fine and penalty assessments which amounts to approximately $1,800.00 plus various other court costs and fees, and either community service or community labor. In addition the defendant must enroll and complete a DUI program. Some courts also require that the defendant participate in a HAM (Hospital and Morgue) Program, MADD (Mothers Against Drunk Driving) Program and have their license suspended. Some courts also require an interlocking device be placed on the Defendant's car, although they can, and sometimes do, defer this to DMV.
Answered on Jun 06th, 2013 at 8:43 PM

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Michael J. Breczinski
Was the car on? Do they have witnesses that can testify that you were driving? They have to prove not only that you were drunk but that you operated the vehicle in that state. Get a lawyer.
Answered on Jun 06th, 2013 at 8:42 PM

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Criminal Law Attorney serving Melrose Park, IL at The Law Offices of Carlos H. Davalos
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Depends really on your jurisdiction, and also the judge. Any answer you receive here is a general guess based on what we know from our own practices. My personal guess is probation, no jailtime.
Answered on Jun 06th, 2013 at 2:27 PM

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There is a possibility you may have to do jail time. You will need an attorney to represent you. You may be able to get a suspended sentence, probation and no jail time. You are also entitled to have a trial, and you may be found not guilty.
Answered on Jun 06th, 2013 at 2:26 PM

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Chapter 7 Bankruptcy Attorney serving Appleton, WI at Sisson & Kachinsky Law Offices
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You definitely need an atty.
Answered on Jun 06th, 2013 at 9:48 AM

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Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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You have a lot issues that need to be explored by an experienced, competent DUI attorney. Many of us on Law QA provide a free consultation. You need to act quickly to protect your to your rights. For example, you only have 10 days to take steps with the DMV concerning your driver license.
Answered on Jun 06th, 2013 at 9:48 AM

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