QUESTION
How bad will my punishment be if I am 20 years old and was recently pulled over and charged with a DUI?
Asked on Oct 29th, 2012 on DUI/DWI - New Mexico
More details to this question:
This is my first citation ever. I am 20 years old. I blew a BAC of .05. I'm just wondering if there's any way I can avoid having my license suspended and or decrease my sentence.
14 ANSWERS
John J. Carney
You will be convicted of DWAI, a violation and your license will be suspended. Your insurance may rise dramatically and you may have a problem getting a decent job with a DWAI on your record. If you retain a good lawyer you may be able to win the trial as it is a low BAC, but almost everyone is convicted of DWAI or DWI unless they passed all the field sobriety tests and get the breathalyzer test thrown out. There is a zero tolerance law for minors who drive while intoxicated.
Answered on Nov 01st, 2012 at 1:28 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If you blew a. 05 you have a solid defense to the charge. You should not just accept the charge and should have an attorney to properly represent you in court Proper defense would avoid license sanctions as well.
Answered on Nov 01st, 2012 at 1:26 AM
Hire a DUI specialist, and do it quick because you have only 10 days to save your license. The legal limit is 0.05 for minors, but since you are at the border line you have a good case, provided you have a lawyer who knows what he is doing.
Answered on Nov 01st, 2012 at 12:55 AM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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You need to at a lawyer to fight this. In Washington, you would probably not be looking at mandatory jail time, but would face a license suspension unless you successfully challenge it.
Answered on Nov 01st, 2012 at 12:40 AM
More than likely you will be charged with being a "Minor in Possession" and "Operating While Visibly Impaired". Although the legal limit for intoxication is a BAC of .08, if you are under the age of 21, you are not to be in possession or consume alcohol at all. Given that this is your first offense, upon a plea of guilty, more than likely you will be placed on a supervised probation with the court and ordered to undergo any necessary drug or alcohol treatment that the court see's fit. Because most DUI cases can be effectively reduced to lower charges or even dismissed given the circumstances, I would suggest you contact a criminal defense attorney in your area to assist you with your case immediately.
Answered on Nov 01st, 2012 at 12:38 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Loss of license for a minimum of 90- days or until your 21st birthday, which ever is greater; mandatory minimum 1 day in jail, about $1,000.00 in fines, alcohol/drug assessment and follow recommended treatment, minimum 8 weeks, maximum 2 years, SR22 high risk insurance (roughly $150% higher than rates you are currently paying), 5 years probation
Answered on Nov 01st, 2012 at 12:36 AM
PUNISHMENT FOR FIRST OFFENSE DUI PROBATION: 3-to-5 Years Informal Probation JAIL: 48-hours and up to 6 months jail time may be imposed COURT FINES: Minimum $390.00 fine to maximum of $1000.00?Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00. DUI SCHOOL: Attendance at First Offender Program (FOP) Required BAC = .15?3-month FOP BAC .15 to .19?6-month FOP BAC = .20?9-month FOP COURT MAY ALSO ORDER: Impound Vehicle up to 30-days if owned by defendant Ignition Interlock Device (IID) for up to 3-years INCREASED PENALTIES FOR DUI ENHANCEMENTS: Refusal?An additional 48-hours of Jail Passenger in Vehicle Under Age 14?Additional 48-hours of Jail Speeding = 30 mph on Freeway or = 20 mph on Street or Highway?Additional 60-days Jail V.C. 23136. (a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.
Answered on Nov 01st, 2012 at 12:23 AM
Gary Moore
You could lose your license for 30 to 90 days.
Answered on Nov 01st, 2012 at 12:20 AM
Michael J. Breczinski
Go get a lawyer. Second get a alcohol abuse evaluation. Third stop drinking you are still too young according to the law.
Answered on Nov 01st, 2012 at 12:17 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You may not be guilty. Either way the breath estimate is not that high at all.
Answered on Nov 01st, 2012 at 12:16 AM
Before worrying about your sentence, consider the likelihood of acquittal. If you are acquitted, you can not be punished at all and the DMV will be required to give your license back. If you only blew .05, you probably can't be charged with VC 23152(b), only VC 23152(a). To convict you of this charge, the prosecution will have to prove beyond a reasonable doubt that your judgment was so impaired that you could not safely operate a motor vehicle. ?Their chances of succeeding depend on many facts you have not included in your description. You should discuss these with a lawyer as soon as possible.
Answered on Oct 31st, 2012 at 4:29 PM
Administrative/ Regulatory Attorney serving Airway Heights, WA
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Clinton Law Office
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Hire a competent DUI attorney. Will probably help some but there are mandatory minimums the court will impose if you are found guilty.
Answered on Oct 31st, 2012 at 4:26 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Probably not, since it is illegal for a minor (under 21) to consume any alcohol. I strongly suggest that you contact an experienced DUI attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Oct 31st, 2012 at 4:25 PM
Make sure you call an attorney to protect your driver's license.
Answered on Oct 30th, 2012 at 4:00 PM