QUESTION
What happens when you get a DUI with a high BAC? How?
Asked on May 13th, 2015 on DUI/DWI - Colorado
More details to this question:
My son is an 18-year-old who went and got himself a DUI or DWI or whatever it is called with a BAC of 0.17. Obviously, we need to get him a lawyer, but I wanted to know what kind of sentence he is looking at here. No one was hurt or anything, the cop pulled him over for driving erratically and kept him at the station overnight. That was a fun phone call to get at 1 in the morning. Anyway, what kind of sentence should he expect?
8 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Any sentence depends on the Judge, but due to the BAC the statute allows the Judge to double the statutory sentence. He needs to speak to an attorney immediately. Jail would be up to the Judge, some Judges put all younger offenders inside in an effort to "scare them straight"
Answered on May 14th, 2015 at 9:06 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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In Texas, a BAC over .08 is a DWI, not a DUI.? (DUI is any alcohol in a person under 21 - less than intoxication.)? .17 is a Class A misdemeanor and carries up to 1 year in jail and up to a $4,000 fine.? A first offender may have a special program available to him (depending on the county) and could get probation (although that won't be much help because his license is going to be suspended anyway for drinking and driving under 21.) Hire a lawyer ASAP because the lawyer may want?to use the license revocation hearing for discovery for the criminal accusation.
Answered on May 14th, 2015 at 1:16 AM
Criminal Defense Attorney serving Riverside, CA
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Law Office of A. Marie Felsen, Esq.
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Each county is different. I would not say that .17 was unusual- although in Orange County he would need a six month DUI class. In LA, SAN Bernardino, or Riverside he would take the standard 3 month DUI class. He stands a good chance of having his license suspended for 1 year with no restricted license possible - because he is under 21. In most counties he will not do any jail although some counties he will need to do a week or two of Ankle Bracelet electronic monitoring or work release/caltrans/community service. He will get 3 years informal or summary probationthat's where you just promise not to drink and drive for 3 years - no pee test, no restrictions on leaving the state or country - no probation officer or anything like that. I'd be happy to represent him if he's in OC, LA, San Bernardino, or Riverside county for $1495 ($299/month payments) Aniko "MRS. DUI" Hoover, Esq.
Answered on May 14th, 2015 at 1:14 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Super-drunk at 18 will have significant effects on his license, could have jail time and/or community service, could be effected by any previous citations or juvenile record and will adversely affect his future prospects and insurance rates. Hire an attorney to attempt to minimize the damages for this very serious mistake. I cannot predict the sentence without knowing the Court, judge and a number of other factors.
Answered on May 14th, 2015 at 1:13 AM
Instead of worrying about the sentence, you need to focus your attention on how you can help him avoid being convicted. He needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license.
Answered on May 14th, 2015 at 1:12 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The penalty depends on whether this is or is not a first offense. Also if anyone was injured. Also your son's personal history and background. And the skill of the lawyer counts as well. In Wisconsin, a first offense OWI without injury is not a criminal offense and carries only a forfeiture, which depending on the Blood Alcohol Content, could be $1,300 or $1,800 or so. He would probably need an occupational license, which has some costs, and he must undergo an Alcohol and Other Drug Evaluation if he wants to drive again, at least in Wisconsin. And finally, his automobile insurance costs will be considerably higher for two or three years assuming no more traffic offenses. I hope this helps. Good Luck.
Answered on May 13th, 2015 at 4:36 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Biggest problem for him is he's a juvenile and risks losing his license for 1yr. High bac means longer class and maybe caltrans.
Answered on May 13th, 2015 at 4:26 PM
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some judges like to put a young person in jail for a day or two to make sure he learns the lesson, but most will just put on probation with classes and community service he will lose his license for a year unless a rabbit jumps out of a hat In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on May 13th, 2015 at 4:25 PM