QUESTION

What can I expect from a first time DUI?

Asked on Apr 16th, 2013 on DUI/DWI - California
More details to this question:
I was involved in a car accident, damage was to my car, no injuries, at an intersection. I refused the tests and charged with misdemeanor DUI. $30,000 bail and released same day for medical reasons. In California.
Report Abuse

4 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
Potential jail, fines, loss of license. No surprise there, other than you should expect the charges to be amended to felony because of the accident. You also automatically lost your license for a year by refusing the BA test. 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 isn't a 'capital case', it certainly carries potential time, so handle it right. 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 other 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. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I'll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
Answered on Apr 18th, 2013 at 4:57 PM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
The penalties for a first time DUI are as follows" - Usually 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. However, due to the "crash" in your case and the high bail ($30,000.00) it sounds like you may be facing a felony DUI with a potential jail sentence of 1 to 3 years. You may have been overcharged by the police, which happens often, and when actually filed by the D.A. you may only be facing a misdemeanor DUI, however, the possibility for a felony DUI charge is there.
Answered on Apr 18th, 2013 at 1:50 AM

Report Abuse
Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
Update Your Profile
You should consult a DUI attorney, despite being involved in an accident you may have defenses that will reduce your exposure to punishment, possibly even eliminate it. A DUI attorney can help you determine the defenses in your case, can also delineate the punishment that impossible in your particular jurisdiction. DUI attorney's can help you avoid bad or harsh judges and help you keep your license. Assuming no one was hurt you could go to jail for up to 6 months and pay many thousands in fines, penalties and assessments plus restitution and increased insurance rates.
Answered on Apr 18th, 2013 at 1:26 AM

Report Abuse
Hard to say the bail looks a lot higher than normal. Normal is about 2 days in jail with credit for at least 1 day and a fine with dui program. You should have a lawyer.
Answered on Apr 17th, 2013 at 10:20 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters