How long will it take to process my DUI charge?
If you represent yourself, all it takes is 1 day. Go to court, plead guilty, done. But, that might not be in your best interest. It can take up to a year to get a good result if you want it done right (that is, represented by a DUI specialist).
Do I really need an attorney to fight a DUI case?
Yes, you can represent yourself, but be aware of the old adage: "He who represents himself has a fool for a client." Which is why, in order to represent yourself, you must sign a waiver acknowledging how foolish it is to do so before the Judge will even allow you to represent yourself. Not to mention, you simply won't know how to conduct a DMV Hearing, much less win it on your own.
What is the short term penalty for a DWI?
There is no such thing as short term penalties for a DUI. All the penalties are long-lasting. You will be put on probation for 3 years, pay fines close to 2 grand, attend a 3,6 or 9 month alcohol class that will fun you anywhere from $600 - $1500, install IID on your car (which will cost you at least $600 over a 6 months period), you will get 2 points on your driving record, and you will lose your license for 6 months. Which makes it worthwhile to spend a fraction of all these fines and fees on a good lawyer.
How can I defend myself from DUI?
You can't. You need a DUI specialist who knows what he is doing. And don't forget, you have only 10 days to request a hearing or lose your license.
Can I refuse a sobriety test?
Absolutely. FSTs are designed so they can obtain an easier conviction in court, because nobody ever passes them, sober or not.
Will I go to jail if this is my second DUI offense?
No. A Second DUI carries mandatory jail time. You need to hire a DUI specialist to get the charge dropped or reduced, then jail would go out the window. And it won't happen because you were helping a friend (this kind of excuse will only make the prosecutor laugh). You need a lawyer who knows what he is doing both in court and at the DMV.
Should I just plead guilty to my drunk driving charge?
No way. You need to understand that everyone fails the FST's. There is no such thing as passing them, even if you are 100% sober and an olympic gymnist. Suppose you are asked to do 50 things and did 47 of them correctly (in other words over 90% correct), guess what will show up in the police report? That's right, the 3 little things that you did wrong. Pleading guilty because they say you failed the FST's is laughable. Contact a DUI speciaist and explore alternatives to pleading guilty.
What happens if I lost my license, but I continue to drive?
Get a restricted license. If you are enrolled in a right program and have IID installed (in certain counties), then you may be eligible. But the restricted license is for work and alcohol class only, so you stil can't drive your kids to school and back.
Are breath tests accurate?
Of course. The machine itself has a 40% error range. For example, if the first blow is a 0.06, then as long as the second blow is between 0.04 and 0.08 the result is considered "accurate." Needless to say this is ludicrous. Contact a DUI specialist, who can likely get everything dismissed. Remember also that you have only 10 days to contact the DMV for a hearing or lose your license.
What happens if I am not able to complete the required hours for the DUI school?
You will need a good lawyer to go to court to recall any warrant that has been issued due to non-compliance. If this just happened recently, perhaps a warrant has not gone out yet, and they Judge will be more sympathetic to your cause and allow you to continue where you left off. Contact a lawyer ASAP to go to court before it turns into a warrant.
What will be my penalty for a DUI?
It will be considered a 2nd, and here is what happens when you are convicted of a 2nd DUI in California: A fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), a minimum of 4 days and up to 1 year in county jail, attendance in a 18 month alcohol program, and installation of an interlocking device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be requested after 1 year of suspension. Additionally, you will receive 2 points on your driving record.
Is faulty breathlyzer a good defense?
The officer's observations are always biased. And in case you didn't know, nobody is supposed to pass FST's, even if you are 100% sober. They are designed so you can fail. Since you did not take a breath test though no fault of your own, you have an excellent case and should hire a DUI specialist to help you. Don't forget you have only 10 days to save your license.
What is the penalty for first time DUI offense?
A fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), up to 6 months in jail, and attendance in a 3, 6, or 9 month alcohol program. As a result of the court conviction, the DMV will suspend your license for 6 or 10 months, depending on the alcohol program ordered, but a restricted license may be requested. Ignition interlock installation (IID) may be required based on your county of offense. Additionally, you will receive 2 points on your driving record. And yes, you will get a criminal record. Contact a DUI specialist if you want to avoid some or all of the above consequences.
What can I do if I was charged with obstruction and resisting arrest?
Do yourself a favor and hire an experienced criminal defenese attorney. You are not required to be respectful to officers. In fact, you are not even required to talk to them. Sounds like they just got mad and decided to make up something to charge you with. Since there is nothing else it is easier for an attorney to get a reduction or dismissal for you.
What is the best way to fight these charges?
That's right. Each Public Defender has hundreds of cases to deal with each month, so you will not get the kind of representation that best serves your needs. You need to find a good defense attorney willing to take your case to trial. DV cases often involve a lot of he said she said, so prosecutors don't like taking them to trial, because 12 jurors have to all be convinced beyond a reasonable doubt. When there is so much he said she said, this becomes difficult. Bottom line, you need an attorney, and it shouldn't be a PD.
What do I need to do to get this reduced to dry reckless?
You'll need to hire a DUI specialist to help you. Breath machines are notoriously unreliable, but the prosecutor simply won't take you seriously if you represent yourself. Act now because you have only 10 days to try and save your driver's license after a DUI arrest.
How can I get my license back after four DUIs?
The ones that are over 10 years old don't count, so you need to add up all the DUI's you've had the last 10 years. Chances are you will need to complete a SB-38 / 18-month Alcohol Program before the DMV will let you apply for a driver's license (your status is probably "revoked" right now).
What should I look for when I hire a criminal defense attorney?
Ask yourself 3 questions: 1) Will this attorney personally represent your son, or simply pass your case down to someone else to handle, with a different attorney each time looking at the previous attorney's notes?2) Does this attorney specialize in DUI, or does he/she take whatever walks in the door?3) Will this attorney lure you in on a low fee, only to do nothing but plead your son guilty or ask for more and more money?
How does a DUI impact someone with misdemeanor charges?
Not likely. Unless your priors were DUI misdemeanors or driving-related, I don't see increased punishment as likely, especially when they are so old. However, that doesn't mean you should try to minimize the consequences. You need to consult a DUI specialist, because a DUI is not something you want on your record.
Second offense DUI consequences?
You face up to 1 year in county jail, up to 2 years of license suspension, IID installation, 18-month alcohol class, 3-5 years of probation, around $2000 in fines, 2 points on your driving record, among other things. You need to get a DUI specialist right away, because you have only 10 days to request a hearing with the DMV. The statement from the bartender may help, but that is down the road, and you have other things that require timely action.
How can I close my pending charges?
You need an attorney to first go and recall the warrants, then deal with the underlying charges. Going to court by yourself after so many years almost guarantees that you will be taken into custody. You'll be better off with a lawyer, who can first try to reall the warrants without you being there (thereby lessening the chances of you being remanded).
Will I do time for a domestic charge if its my second offense?
Quite possibly. That is why you need an attorney to help you walk through this maze that is the court. DV cases often involve a lot of he said she said, so prosecutors don't like taking them to trial. An attorney who knows what he is doing can take advantage of this aspect and try to obtain a favorable settlement, which means a reduction or even a dismissal.
What can I do with a failure to comply charge?
You face a potential violation of probation. The burden for the prosecutor is very low, because you're on probation. In other words, it doesn't take much to violate you. My advice is hire an attorney to go to court to do a PV hearing. If you go by yourself you are toast.
Can I legally be tried separate from another defendant?
By yourself you have no chance of accomplishing this. If you had an attorney, he/she would file a motion before the trial to try your case separately. It may or may not be granted by the Judge but this may determine whether you are ultimately found guilty or not because being tried with a co-defendant is one of the worst situations.
What is considered failing on a DUI field sobriety test?
("FST") are a series of coordination exercises used by police officers to determine alcohol impairment. In reality, however, they are used merely as a tool to gather evidence to support a later conviction against you. One thing a police officer will never tell you is that FSTs are completely voluntary. Unless you are on probation for a prior DUI, you should NEVER do them! In fact, many police officers will threaten to impound your car or take you to jail if you refuse. What they don’t tell you is, they will arrest you ANYWAY, because there is no such thing as passing FSTs. For example, if you are asked to do 20 things and you did 19 of them correctly, guess what will show up in the police report? That’s right, the ONE thing you did wrong.
Under what circumstances can I be charged with a DUI?
If you've already been convicted, then it is too late. If you haven't, it is time to contact a DUI specialist to help you. You seem to have a good "no drive" defense, but without a good lawyer the prosecutor will never buy it.
Do I need to appear in person in court for my DUI trial?
Yes. Most DUIs are misdemeanors, meaning a lawyer can appear without you and can even resolve the case for you without you ever stepping into court. Just make sure you hire a DUI specialist soon, because you only have 10 days to contact the DMV to try and save your license.
Is there a way to expedite the DUI process?
Yes, usually via an early termination of probation, followed by an early expungement. Contact an attorney about your eligibility and the feasibility of doing an early termination.
Can I get a DUI while on marijuana instead of alcohol?
Yes, you can be charged with VC 23152(a), which is DUI for drugs. However, MJ cases are hard to prove, because there isn't a specific concentration that is deemed to make someone "intoxicated." Also, MJ concentration is hard to prove. You need to get a lawyer for this, however. Trying to defend yourself on a VC 23152(a) case simply won't work.
Do the police need a search warrant to search your car?
If there was probable cause, then on a warrant is not required. For example, if the car clearly smelled of MJ, that would be probable cause. Contact an attorney, because MJ cases are relatively minor, and an experienced attorney may be able to obtain a reduction or dismissal in court.
What should I do if the police want to speak about fraud?
Do not fall for the trick. The purpose of interviewing you is to get incriminating statements from you. You should know that you have the right to remain silent. Exercise it. You should only speak about the case with a lawyer, and you should never speak to anyone unless your attorney is present.
How can I expunged my felony and misdemeanor record?
The misdemeanor can be expunged right away, assuming you are not currently on any other probation and have no criminal case(s) pending. The felony is more complicated. The lawyer has to first file a 17b motion to reduce the charge to a misdemeanor, followed by a petition to expunge the misdemeanor. Contact a lawyer about your eligibility.
Can I do something to erase my felony assault?
You need to contact an attorney. It may involve a 2 step process, where a 17b motion is first filed to reduce the felony to a misdemeanor. Once granted, a petition can be filed to expunge the misdemeanor. Contact an attorney about your eligibility.
How can I get an expungement?
You need to have successfully completed probation, am not currently on probation for anything else, and have no criminal case(s) pending. Contact an attorney to file the petition for you.
Is it possible to keep employers form seeing my felony?
You'd have the expunge the conviction. It may involve a two step process, where the felony is first reduced to a misdemeanor via a 17b motion. Then a petition can be made to expunge the misdemeanor. Contact an attorney about eligibility.
What can I do if I am too scared to go to court?
You're right to be scared. You could easily be taken into custody if you show up to court. That's why you should hire an attorney, who can go to court without you to recall a warrant. Attorneys do this routinely and the best part is, if you're not there, you won't be taken in.
Will my boyfriend go to jail for domestic violence?
Not just jail time, but he would have to complete a 52 week DV class, which is expensive and a real pain in the neck. Contact an attorney, who may be able to take advantage of the fact that prosecutors don't like DV cases, because they usually involve a lot of he said she said and victims who don't want to participate in the court process.
Disclaimer: The responses above do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. They should not be relied upon as legal advice.