DUI in CA

[krucifyx]

What is the name of your state? CA

I was arrested for a DUI this past weekend in LA. BAC was .13, but I'm ~220lbs so that # is probably a bit off. Unfortunatly, I also had a suspended license (was too lazy to renew) and no insurance. How should I expect the outcome to be?

Do you think I'm looking at jail time?

[nezahualcoyotl]

This is only your first DUI. You WILL NOT get jail time, unless you have warrants outstanding, probation, parole, etc. Your punishment WILL BE having your license suspended, paying fines, doing community service and attending AA meetings and attending a MAAD meeting. Just learn bro. Some of these guys on here will try to scare you...dont listen to them. I've been through the worst DUI's, etc. and they posted all this shiet that I was going to be in trouble BIG TIME, but it was all bull****. I got my DUI in OC and was involved in a DUI w/an accident in LA ( I was the passenger) and if anything just KEEP YOUR MOUTH SHUT! These cops WILL USE ANYTHING against you. Next time (hopefully there will be no next time) keep your answers vague or request for your lawyer. I've gotten myself out of a lot of bad situations with these lessons I learned from my 1st DUI and the other one with an accident. Take care!

AND WHATEVER YOU DO...DONT HIRE A LAWYER!!!

Everyone I know who gets a lawyer for their DUI's gets screwed!!! If you really need a lawyer get a "public pretender".

[BigMistakeFl]

Wait a minute..... your license was suspended, not expired. Why was it suspended? Is it possible that this is not your first DUI? IF it was your first, just research the minimum penalties for DUI in your state, and that's pretty much what you'll get.

DUI, while driving with a suspended, brings it to another level. I'm not a lawyer and don't always advocate getting one when it's probable that the case against you is strong; it can be cheaper and faster just to get it over with and do the penalties for a first offense DUI. However, your case is more complex than it appears.

[CdwJava]

Originally Posted by krucifyx

I was arrested for a DUI this past weekend in LA. BAC was .13, but I'm ~220lbs so that # is probably a bit off.

No, it's not. If you were 150 lbs, the BAC might be something like .20.

BAC is a percentage of alcohol in the blood, not the total volume of alcohol in your body. It would take more alcohol by volume to get your BAC to a .13 than it would be to get a person of say 150 lbs. under identical conditions to the same BAC.

Unfortunatly, I also had a suspended license (was too lazy to renew) and no insurance. How should I expect the outcome to be?

There is a HUGE difference between a "suspended" license and an expired one. Which was it?

Do you think I'm looking at jail time?

If this is your first DUI, probably not.

- Carl

[krucifyx]

My license was expired, not suspended. Sorry for not clarifying.

I took the breath test, which I've been told does not take into consideration your weight.

[CdwJava]

Originally Posted by krucifyx

I took the breath test, which I've been told does not take into consideration your weight.

It does not have to. As Curt said, it takes more alcohol to get you to a .13 at 220 lbs. Your weight tends to make it harder to raise your BAC with a single drink.

- Carl

[panther10758]

Originally Posted by krucifyx

I took the breath test, which I've been told does not take into consideration your weight.

If thats your defense you might as well quit now!

[krucifyx]

If thats your defense you might as well quit now!

The information is really just for my own curiousity.

I plan on pleading guilty, there's no point in not. However, I'm simply trying to discern the extent of the penalties. What sort of fines should I be looking at? I've heard everything from $1,000 to $10,000.

Since I plan on pleading guilty, will it do me any good to find a lawyer?

[garrula lingua]

I'm guessing you meant Los Angeles...
first time dui: 36 months summary probation (you don't report to a probation officer, just don't commit any criminal offense - the court has six months potential jail time over your head); a fine of $390 plus penalty and assessment (usually totals approx 1400.); a three month alcohol program.
Some jurisdictions are requiring 48 hrs county jail, but they are crediting time served on arrest. It's unlikely that you would get additional jail time.

DMV's actions are separate from the court. They will suspend your drivers license for 3 or 4 months, and will require additional insurance (SR-22) and a re-issue fee on your DL.
Check with DMV to ensure you complete everything they require.

Good luck. Firsst-time DUI terms are pretty standard, whether you have an atty or not.
You may profit from a consult with a criminal law attorney, before you go to court, to ensure that your best option is to plea 'no contest/guilty'.
You can use a public defender for an additional charge of approx. $95.00.
You can ask for the PD at your first appearance (the arraignment and plea); you can resolve the case and plead at that first appearance, or you can have your case continued to a later date.