QUESTION

What can she expect to happen/consequences?

Asked on Feb 10th, 2013 on DUI/DWI - California
More details to this question:
My friend was in a car accident and got a DUI (no one was hurt and she was the only one in the car). This happened less than 15 days before her 21st birthday. What fines is she looking at?
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3 ANSWERS

Criminal Defense Attorney serving Westlake Village, CA
Partner at Roberts Law Group
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She needs an attorney. She risks losing her license for one year. She must deal with DMV. Get an attorney.
Answered on Feb 13th, 2013 at 12:34 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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A DUI with accident can be charged as a felony, with a year or more in jail/prison, plus several thousand in total fines and costs. 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. When questioned, arrested or 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? 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.
Answered on Feb 12th, 2013 at 8:42 PM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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If she was under 21 and over .01 she is facing some sort of prosecution (it may be prosecuted under California Vehicle Code section 23136, 23140 or 23152), if she is over .08 she will likely be prosecuted for DUI (CVC ? 23152 a, b). The fines vary depending upon the code section being prosecuted and the county where the charges will be filed. A local DUI attorney can help you with this your fines may be as little as $500 or as much as $3000 depending on your county and charges filed.
Answered on Feb 12th, 2013 at 8:11 PM

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