Celebrating Freedom comes with a price.

[Young-Gun]

What is the name of your state (only U.S. law)? I received a DUI in CALIFORNIA.

Well i was out celebrating Americas Good ol' Birthday on July 4th. I was at San Clemente and saw the Fireworks off the pier. I Had about 2 Mixed drinks vodka/cranberry one was particularly strong. And about 1 Beer. The story goes we had a designated driver i wasn't planning on driving at all that night( Didn't even drive my car in the first place.) Later on she said she had to go home so she left in her own car (She was driving my buddies car the whole night). By this time im feeling okay not drunk ,slight buzz. We hang out for a bit til my buddy and his gf part ways and were about ready to leave. I decide we should hang out for a bit but my other friend is drunk and getting annoyed telling me to take us home because he had a swim competition in the morning. So im driving down the freeway everything fine til i get to The city of Irvine where i start to feel the effects of the alcohol a bit. I swerved twice. Not within the same time this was withing like Good 5 minutes in between when i told myself that on the next exit im going to pull over and wait it out a bit. But by the time i thought that to myself the Chp car pulled behind me and pulled me over. He saw my friend passed out in the passenger seat and ask me to step outside to ask me a couple of questions. He then begins giving me sobriety test and i pass each one. Then comes the breathalyzer and i get a .10 ( i am a minor under the age of 21 approx-19 years old.) He handcuffs me and puts me in the patrol car and tells me im being arrested for DUI.

My number one question is what should i expect from the judge etc.

My second question is should i get a lawyer? Most of the post i read say lawyers aren't really necessary and are quite expensive. Keep in mind i am paying for everything and i haven't even told my parents about it because there's no point, for i will be paying for the ticket/classes or anything else required.

Also the CHP's said i was very cooperative and they could tell im a good kid. Do you think this can be an advantage in my court case? ( My friend told me one of his friends got a DUI and the judge dropped the case because he could tell he was a good kid, im pretty sure there was other factors.)

Any advice or input would be greatly appreciated. What is the name of your state (only U.S. law)?

[RatPackLar]

You need a lawyer, you got DUI and you are a minor, not gonna be good for you, not matter how you look at it.

Research CA, DUI laws, so you know what you may be in for. Here is a taste for you to consider from: [url]http://www.california-drunkdriving.org/aaa_guide/[/url]

None For The Road - A Guide To California's DUI Laws
California has some of the nation's strictest laws for driving under the influence (DUI). The DUI laws punish offenders for operating a motor vehicle while under the influence of alcohol, other drugs or a combination of alcohol and other drugs. Implementing California's laws has contributed significantly to the state's sharp declines in drinking and driving crashes.

A DUI offense is both a criminal and civil matter.

Drivers caught with illegally high alcohol levels in their blood or breath or who refuse to take (and complete) a chemical test are dealt with in two ways. They are:

prosecuted in court for the criminal offense of DUI or refusal. Criminal penalties imposed include jail and prison, fines, treatment, probation and license suspension, subject to licensing action by the DMV (as part of the state's ALS system) for the civil offenses of driving in excess of the fixed "per se" (see below) alcohol limit or refusing a chemical test.

DUI drivers can be prosecuted for violating either the state's "per se" or "presumptive" alcohol limit or both limits.

Drivers who exceed the per se breath or blood alcohol content (BAC) limit are prosecuted solely for having an amount of alcohol in their system greater than that permitted by law. The driver's level of impairment is not at issue. Drivers are guilty of DUI simply for having violated the per se ("in and of itself") BAC limit. California's per se BAC limits (see Table 1) vary depending on the driver's age, whether he or she is a commercial driver, and whether the case is adjudicated in a court (criminally) or by the DMV (civilly).

Table 1: California's Per Se BAC Limits

Characteristic Criminal Offenses Civil Offenses
Driver's Age
Under 21 .05% .01%
21 and Over .08% .08%
Commercial
Driver .04% .08%

Drivers who exceed the presumptive BAC limit are presumed to have been under the influence of alcohol when driving, that is, it is assumed their faculties for driving were impaired. California's presumptive BAC limit is .08% (about four drinks in an hour for a 160-pound male). BAC levels are established from results of law enforcement officers' chemical tests. Drivers exceeding this presumptive limit are presumed to have been under the influence. Still, they can attempt to prove in court that - despite having had an incriminating BAC - they were not physically impaired when driving.
Drivers whose BAC does not exceed the presumptive BAC limits can still be convicted of DUI if other evidence shows their abilities were impaired.

Courts frequently prosecute arrestees for violating both the per se and presumptive statutes. If evidence from the BAC test is strong, it promotes conviction on the less complex per se charge; if BAC test evidence is not strong, prosecutors will still attempt to use sobriety test evidence to prove that the defendant was physically impaired, and guilty of the presumptive DUI charge.

Defendants convicted of both a presumptive and per se charge are punished for only one of these charges.

Drivers who refuse to take (and complete) a chemical test for DUI still receive severe punishment.

According to California's Implied Consent law, drivers are required to submit to and complete a chemical test when requested to by a law enforcement officer. Consequences of refusing the chemical test are severe, including:

receiving license sanctions more harsh than for those convicted of DUI. Even those found not guilty of DUI in court receive a license suspension through the state's ALS system
facing the likelihood of convictions for both DUI and the test refusal. Those who refuse a chemical test and are later convicted of DUI are further punished by:
receiving all standard DUI penalties
losing the possibility of a judge ordering probation as a substitute for jail
receiving longer jail sentences (see Section IV for length of enhanced sentences)
II. Court-Imposed Penalties

Court-imposed DUI penalties vary in some important ways:

Misdemeanor offenses are punished less severely than felonies.
Misdemeanor DUI offenses (California Vehicle Code [CVC] section 23152) typically do not involve injuries; felony DUI offenses (CVC 23153) typically do. In a felony DUI, someone other than the driver was injured or killed as a result of the offense. Offenders convicted of a misdemeanor can be sentenced to jail (but not prison) and fined up to $1,000; offenders convicted of a felony can be sentenced to prison and fined more than $1,000.


Subsequent offenses are punished more severely than previous offenses.
A second, third or subsequent offense is one that occurs within seven years of a prior DUI offense - or ten years if the prior was a felony. A prior alcohol-involved reckless driving guilty plea is counted as a prior DUI conviction when the court determines punishments.

Mandated Penalties and Judicial Discretion

The chart in Section IV lists state-mandated criminal penalties. State law mandates most minimum DUI offender sanctions. Judges have discretion, however, over whether to apply sanctions other than those mandated in the chart or increase offenders sanctions to the maximum allowed in each category.

For example, for first offense misdemeanor DUI, judges have the discretion to sentence offenders to jail or grant probation. As the chart shows, if the judge decides to impose a 48-hour jail sentence, probation must also be used. Additionally, the judge must impose at least the minimum listed offense fine, penalty assessment, restitution, license suspension period and treatment program duration. Vehicle impoundment and ignition interlock installation are not mandated, although they can be imposed by judicial order.

Criminal Sanctions

Drivers convicted of misdemeanor or felony DUI can receive:

County jail or state prison
Fine, penalty assessment and restitution
Drinking and driving treatment
Vehicle impoundment or forfeiture
License restriction, suspension or revocation
Ignition interlock device requirement
Probation
Jail and Prison

A DUI conviction typically results in a mandatory sentence ranging from 48 hours in jail to four years in prison. The sole exception is for a misdemeanor first offense, where a judge can substitute a fine, require a treatment program and levy a 90-day license restriction.

Jail and prison sentences are extended for certain "enhancing" circumstances. (See Section IV for length of enhanced sentences.) Enhancing circumstances are:

JAIL

driving at "excessive speed" (30 mph above the lawful freeway speed or 20 mph above the lawful speed on other roadways)
refusing to take a chemical test
driving with a minor passenger (under age 14) in the vehicle. (Applies to misdemeanor DUI offenses only.)

Seems quite complex does it not? You need a lawyer.

You are not it good shape here.

The court system will kick you one way, but CA DMV will also be looking to give you a nice hard slap.

You are looking at two separate actions, the courts on the criminal side, and the CA DMV, on the administrative side. They do not work together in the same action. One swings at you, the other also swings at you, and the DMV moves faster then the court systems do.

You got 10 days from the date of stop, to request a hearing from the CA DMV, as to why they should yank your DL.

You miss that, your DL is gone automatically so get moving on that one fast.

You are minor on top of all that, not good for you.

Get a laywer who knows CA DUI.

Being nice and cooperative with the cops will not hurt you but will not help you, that is expected if they hook you up. Common sense says, if the guy has a gun, and you do not, you better be nice to him, or he just might shoot you. You are expected to be cooperative with the police, it is kind of their thing when they yank you up.

Ignore your friends story, good kid crap, good kids do not get DUI, and these days DUI is not looked at in such a harmless favorable way, especially in CA, where all the stars out there, who have gotten picked up, have done some time in the slammer.

Get a lawer.

If you do not, they will kick you hard.

You are in for a long hard ride on this one, unless you can beat it. Most do not.

Do not play around with this.

[Young-Gun]

"You got 10 days from the date of stop, to request a hearing from the CA DMV, as to why they should yank your DL."

I Went to the DMV today and they told me i had to wait out the 30 days of my temp license then i will not be able to drive 30 days after that till my court hearing. Then after my court hearing she said i will be able to apply for a temp license to drive to and from work.

Also the temp license does state the 10 days after the accident to go to the dmv to set an appointment to talk about why they should keep my license. But i feel i have no argument, i was caught with a .10 whats there to argue? It will come down to their review of the officers statement.

You make it seem like i got caught for murder. God i wish i lived in Texas or someplace where the law isn't as strict compared to Ca.

[RatPackLar]

Not here to judge, just to give you food for thought. DUI is not taken lightly and has severe consequences if you get caught doing it.

Texas is worse, they hang em high, and enjoy doing it.

You need a lawyer who knows CA DUI and all that goes with it.

Just giving you food for thought, and the kitchen is always open.

[Ajosin]

You should get a lawyer. The money it will cost you is nothing compared to the potential benefit he may bring. Any small relief that the layer can bring to your DUI case will have big implications for the rest of your life.

For example; you mention that you passed the sobriety test. Did they arrest you after you finished the test or after the chemichal result? Your lawyer can go over the police report may be able to argue that the FST proves that you where in good physical condition (see previous post above). If you really passed with 0.10 I'm truly impressed; 46% of sober people will fail (are you an athlete?).

You seem like a good kid who is going to get a huge punishment which, I'm my opinion, does not fit the crime. Please protect yourself with a lawyer. For what it is worth, my heart goes out to you.

[Young-Gun]

I'm looking into a lawyer but they are extremely expensive about 1,500 just to plead my case then he charges again. And im paying for everything myself. I am looking into a free public defender and hopefully i can achieve that.

"For example; you mention that you passed the sobriety test. Did they arrest you after you finished the test or after the chemichal result? Your lawyer can go over the police report may be able to argue that the FST proves that you where in good physical condition (see previous post above). If you really passed with 0.10 I'm truly impressed; 46% of sober people will fail (are you an athlete?)."

He arrested me after the breathalyzer test. I wouldn't consider myself an athlete i don't play any sports as of now but i do swim and lift weights everyday and surf on the weekends.

[seniorjudge]

A lawyer (private or public) is a must.

[RatPackLar]

Get a DUI Lawyer, get one who knows his DUI stuff. You can ask all kinds of questions here, does not mean squat, when the call you into court to do the DUI dance.

If you broke your arm, you sould not wrap it in a sock and hope for the best, no, you go to the doctor who knows to how deal with it properly.

CA DUI is not easy, lots of crap, google CA DUI LAW and read up, lots of sites, with all kinds of info.

You would not go to war without a gun would you?

Get a gun!

[Young-Gun]

I talked to a public defender, no luck they don't do traffic violation's. I'm done doing research i found more fear mongering than useful information. Just repeats of what my parents and others have been saying. The public defender just told me since its my first one to plead guilty do community service and just get it done with its not as bad as everyone makes it seem, just man up.

Hope this can help any other first timers with the same situation, im out.

[seniorjudge]

Originally Posted by Young-Gun

I talked to a public defender, no luck they don't do traffic violation's. I'm done doing research i found more fear mongering than useful information. Just repeats of what my parents and others have been saying. The public defender just told me since its my first one to plead guilty do community service and just get it done with its not as bad as everyone makes it seem, just man up.

Hope this can help any other first timers with the same situation, im out.

You are not charged with a traffic offense.

You are charged with a crime.

[RatPackLar]

You do not want to pay for it, you want a free public defender to help you fight for your freedom.

As you can see, that is not going to happen.

I hate to see this, look, get a lawyer, with a lawyer, you have a better chance of getting a better deal, then you will on your own.

When in 6 months, you are walking, bumming rides, and blowing tubes, and dropping urine, you will regreat not putting up some kind of a fight.

All those who tell you to man up, are not going to be the ones doing the time kid, you are.

Freedom does have a price, and now you are going to have to pay that price.

Food for thought.