QUESTION

Will I get jail time?

Asked on Feb 11th, 2013 on DUI/DWI - California
More details to this question:
Just got off a plane from NYC, I got pulled over at 12:45am (night time, so I was tired because that would be 3:45am in NYC) and I passed the breathalyzer with 0% but I admitted to taking Xanax more than 8hours prior. They said I failed the Field Sobriety Test because I was "sluggish" and took a urine sample (asked me if I wanted to take a blood sample or urine sample). I got sent to bookings and was there for almost a full day, I stayed overnight. I was pulled over for driving with my high-beams on (did not know that was not allowed), other than that I was driving perfectly fine. I claimed that I was not under the influence of anything, also they claimed my eyes were a bit dilated (which I doubt because not only was I really naturally tired but I did not feel sensitive to light). The Xanax was not prescription and they did not ask me for it or anything of that matter. I was very cooperative, really the only thing they have against me is the Field Sobriety Test, the urine sample maybe and my eyes. Will I go to jail for a first time offense on DUI Drugs? Would a note from a doctor help?
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2 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges dont like dealing with ProPers, unless you are simply pleading guilty, not defending the case. Of what value do you think a doctors note is going to be? Did he examine you contemporaneously with your arrest so he could testify as to your condition at the time? You can be convicted of DUI on the basis of your confession of use of drugs, and the officers observations of your driving and FST results. Your urine test will show drug residue. That?s how every DUI is presented by the prosecutors. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isnt a 'capital case', it certainly carries potential jail, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does.
Answered on Feb 13th, 2013 at 3:19 PM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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You should consult a DUI attorney. You are potentially facing serious charges, Xanax is a controlled substance so you may be facing DUI and Health and Safety (H&S) Code violations. H&S Code violations in combination with DUI are not subject to the Prop. 36 sentencing alternatives (like treatment), the minimum sentence for a likely H and S code violation like this is 90 days. Under the facts you provide a DUI attorney may be able to make one, or both, charges disappear.
Answered on Feb 13th, 2013 at 1:01 PM

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