QUESTION

What happens next after I was arrested for driving while under the influence, with open container but was released the same night?

Asked on Jan 06th, 2014 on Criminal Law - California
More details to this question:
I agreed to breathe test. I have no idea what I blew but Iโ€™m sure it was over. I am terrified and confused as what to do.
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5 ANSWERS

You should have been given a court date. As soon as possible you should make an appointment for a meeting with a lawyer. You only have 10 days after your arrest to request a hearing to try and save your driver's license.
Answered on Jan 09th, 2014 at 11:56 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. The best thing you can do is hire the best criminal defense/DUI attorney you can afford.
Answered on Jan 09th, 2014 at 2:14 PM

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Do you have a Court date? Did you have to post bail? The DA may continue your case until the DA has all the facts. You will probably find out what your breath test was, after your arraignment date.
Answered on Jan 09th, 2014 at 2:14 PM

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You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jan 09th, 2014 at 2:13 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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You have 10 days to call DMV and set up hearing to keep your license. You need to fight it. The open container helps your case.
Answered on Jan 09th, 2014 at 2:13 PM

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