QUESTION

What happens to a first time offender with a DUI?

Asked on Apr 21st, 2013 on DUI/DWI - California
More details to this question:
Does your drivers license always get taken? I was on ambien and was parking my car but evidently rolled into a parked car in a private lot. I was taken to jail and blood tested so I also want to know if I can plead not guilty to get some time to get a lawyer. Court is on Monday morning.
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5 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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You have a constitutional right to an attorney, you can ask the Judge for time to hire a DUI attorney, they have to give you the opportunity to interview and hire counsel, OR, if you are indigent they will appoint a government defense attorney to help you with your case. You may have defenses that reduce the charges or result in a dismissal, an attorney can definitely help you.
Answered on Apr 23rd, 2013 at 8:48 PM

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Michael J. Breczinski
Always plead not guilty. You will be given time to get a lawyer. You lose all bargaining power if you plead guilty. Usually something can be worked out by the lawyer.
Answered on Apr 23rd, 2013 at 12:32 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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In California there is usually 4 to 6 months license suspension, but you may be eligible for a restricted license (to and from school and/or work). Fines from $390 to $1,000 plus penalty assessments and court costs which brings to the total to about $2,000.00. Your car may be impounded for up to 6 months. 96 hours to 6 months jail sentence, at least 48 hours of which must be continuous. If you have had a prior DUI within the preceding 10 years, it could be charged as a 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. At your arraignment (1st court appearance) you should be able to get a continuance to obtain a private attorney. However, I would start looking for one now.
Answered on Apr 22nd, 2013 at 11:53 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Yes, you need an attorney immediately and most probably will be granted some time to engage one. If you have to plead, plead not guilty and speak with no one until after you have retained an attorney, especially any of the authorities.
Answered on Apr 22nd, 2013 at 2:31 PM

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You can ask the Judge to give you some time, such as 30 days, to come back with a lawyer.
Answered on Apr 22nd, 2013 at 2:30 PM

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