QUESTION

Will I get jail time first DUI?

Asked on Mar 16th, 2013 on DUI/DWI - California
More details to this question:
I was arrested for DUI after a crash. The people I was with crashed into a parked car. They all took off and I stayed there because I knew if I ran I would be in even more trouble. Well cops came and the Guy who's truck they hit said I was driving and I told him I wasnโ€™t. When he was on the phone I tried to back it out of his car but didn't happen. I even told the cop that. He then went into my car and took my keys while I was sitting there. Cops came. They took some test, did breathalyzer came up two times the limit, when to local jail and was there from morning until about 4 in the afternoon then released. This is my first time ever being arrested. My concern is doing jail time when I appear in court. I don't want to lose my job, and I have a kid to take care of which my mom.is took sick to help take care of her. Please help me on. What I need to do?
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3 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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This is the statutory penalties for a first time DUI: 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. The "crash" can add additional jail time and restitution for the damage to the other vehicle. I am assuming that there were no injuries.
Answered on Mar 18th, 2013 at 10:46 PM

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You need a lawyer. This could result in jail, especially if people were in the parked and they were hurt. Backing it out of the car may be considered driving under the influence and attempt at hit and run.
Answered on Mar 18th, 2013 at 10:15 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Every crime carries potential time upon conviction, including this felony DUI charge. There are no guarantees in life, or law. And, the honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, defenses, sympathies, etc. However, if you have no prior record, and if your insurance company pays the victim all his damages, or you do personally, then the DA will be more inclined to work out a plea bargain acceptable to you. 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? You were caught at the scene red handed, had BA over the legal limit, and risk conviction with mandatory sentencing if you go to trial and lose. While this isn't a 'capital case', it certainly carries potential time , so handle it right. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. 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. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answered on Mar 18th, 2013 at 9:37 PM

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