Awaiting DUI court hearing and recently arrested for public intoxication

[Chris67]

Hello. I live in California. A week ago I was driving while intoxicated and was pulled over and received my first DUI. I did not kill anyone and did not cause any accidents. My alcohol level was 0.08 and above (that's what the paperwork says). I'm scheduled to appear in court in January of next year. I already hired lawyer. He says that I probably won't receive jail time but I will have to pay several fines and fulfill other requirements. Unfortunately, today I was arrested for being drunk at my weekend job ( I know, I'm so stupid). I did not cause any accidents or problems to anyone. I was not driving when I was at my weekend job. I drove to get to my job, but I was not driving when I was drunk nor when the cop arrested me. The officer arrested me but did not give me a citation or ticket or anything, he didn't even test me to check my alcohol level. He asked for my ID but I told him that my license was taken away due to the DUI I received last week. He asked me if I drank alcohol and I said yes. I did not specify how much alcohol I drank. I'm going to talk to my lawyer about this, but in the meantime I wanted to know if anyone else has experience or could give me an idea how my situation will turn out. My biggest concern is that I will get jail time and lose my license. I already called the DMV and scheduled a hearing with them so I can save my license, my lawyer will help me with this, but now with this new problem I'm concerned things will not go well. I feel horrible for being so irresponsible. I know I have a drinking problem and need to get help. I'm going to get help so I can overcome this addiction.

 

[Ohiogal]

Hello. I live in California. A week ago I was driving while intoxicated and was pulled over and received my first DUI. I did not kill anyone and did not cause any accidents. My alcohol level was 0.08 and above (that's what the paperwork says). I'm scheduled to appear in court in January of next year. I already hired lawyer. He says that I probably won't receive jail time but I will have to pay several fines and fulfill other requirements. Unfortunately, today I was arrested for being drunk at my weekend job ( I know, I'm so stupid). I did not cause any accidents or problems to anyone. I was not driving when I was at my weekend job. I drove to get to my job, but I was not driving when I was drunk nor when the cop arrested me. The officer arrested me but did not give me a citation or ticket or anything, he didn't even test me to check my alcohol level. He asked for my ID but I told him that my license was taken away due to the DUI I received last week. He asked me if I drank alcohol and I said yes. I did not specify how much alcohol I drank. I'm going to talk to my lawyer about this, but in the meantime I wanted to know if anyone else has experience or could give me an idea how my situation will turn out. My biggest concern is that I will get jail time and lose my license. I already called the DMV and scheduled a hearing with them so I can save my license, my lawyer will help me with this, but now with this new problem I'm concerned things will not go well. I feel horrible for being so irresponsible. I know I have a drinking problem and need to get help. I'm going to get help so I can overcome this addiction.

So you drive without a license. Lovely. You do have issues. Get yourself into AA. An automatic suspension happens with DUI.

 

[Chris67]

When the cop took away my license last week, he gave me a temporary license (it's a pink paper). I still have the temporary license.

 

[FlyingRon]

You still have an alcohol problem. I'd recommend you do something proactive about this before your trials. AA is the least you can do (you might actually want to seek some more intensive short term treatment since apparently you can't go more than a few weeks without drinking causing you to be arrested).

You need a lawyer for the DUI. Let him know about your subsequent arrests.

 

[CdwJava]

Your license will be suspended after 30 days if you did not schedule that hearing. It will remain valid until after the hearing ... if you do not prevail, you will be suspended soon after. Even if you somehow prevail at the DMV hearing, you will still be suspended after a conviction.

If convicted of VC 23152(b) (.08 or greater BAC) there is a short mandatory jail time. But, it can be done on weekends, and there may be other options available. Expect to pay a lot of money for the attorney and the associated fines and fees. Most DUIs result in a conviction or a plea deal. Absent some grievous error on the officer's part, you will not likely prevail.