DUI in CA - arraignment confusing, wanted to plead guilty

[A.R.]

What is the name of your state? CA

first i want to emphasize that i was irresponsible and want to own up to my poor actions and face the charges - i make no excuse for my behavior...

I was arrested for a DUI in Nov, and had my arraignment this past Dec 27. I want to plead guilty to my charge of 23152(A). I do not want to waste any more of the court's time and resources on my irresponsible and regrettable actions.

When in front of the judge, I was confused by the proceedings, and his terminology about my options. I thought I needed the blood test results to be able to be charged (which were not ready 6 wks after the arrest at the arraignment), and did not understand why I was only charged with just the (A) charge and not the (B) - over .08 BAC. A woman who was charged with both the A and B charge prior to me in court that day was told of her BAC results, and I was expecting the same information when I stood before the judge.

I had spent the weeks prior to my arraignment contacting the offices of City Attorney, the Public Defender and the Police Department, and was told I could not find out what my charges were, what I blew in the field, my blood test results, or any other details of my case or my options until the arraignment, or if I hired an attorney.

At the arraignment was the first time I found out about what I blew in the field (unfortunatley it was .17), and I was not prepared to consider a charge without blood test results. My girlfriend who was in attendance at the arraignment, and a former law enforcement officer of 7 years, even commented that the proceedings were confusing, and the system seems set up to get people in and out of there in a rapid manner.

at the arraignment, when i asked about the blood test results, they confirmed they were not yet available, and since i blew so high, the judge said that there might be "enhanced charges" later. i did not understand at the time that what he was referring to was that, since i blew the PAS in the field so high, that it's likely that the blood tests would come back above .15 (i think that's the number - the WAY-above legal limit charge for more serious penalties).

So, at this arraignment, confused by the options, and thinking i needed the blood test to be sure of my situation, i pleaded "not guilty".

I am a college-educated professional, but even with as much research as I could find prior to the arraignment, I was not prepared to understand my charges and options completely, nor did i feel they were explained to me properly at the hearing. And because of my income level, I do not qualify for the services of the Public Defender, nor do I make enough to afford a private attorney. Frankly, I was not even sure I needed an attorney, as I was not given any info prior to the arraignment to suggest the gravity of the situation.

I take this DUI charge very seriously and want to take full responsibility for the charge. this is a first offense, i have a very clean record, am a 40 yr old.

a new arraignment date has been set for jan 10. i'd love to write the city attorney and request a trial by declaration and plead guilty, to not waste the court's time. also to consider, the 2 extra weeks before the next arraignment gives the lab time to finish the blood test and come back w/ the results that MIGHT involve "enhanced charges". what are my options? i appreciate any suggestions or advice.

A.R.

[garrula lingua]

The 'enhancement' should only mean that the court has to order a six-month alcohol program, instead of a three-month alcohol program (over .15 to .19=6 mo prog).

The court or Prosecutor may add CalTrans (comm.service) or higher fines, or jail for the higher blow, but that would be unusual.

...so far, they have only charged you with the (a) count 0 impaired driving; they're waiting for the blood results to add the (b) count (driving while .08 or higher) and, therefore, the possible enhancement (no enhancement on the a count - it's usually charged for drugs, or refusal, or awaiting blood results)

You should get 36 months summary probation (you don't have to report to a Probation Officer, just stay crime-free (infractions are OK), as this offense carries a potential six months county jail which is over your head during the probation period); a fine of 390 plus penalty and assessments (it'll total approx $1500); a three month (or six, if .15 to .19) alcohol program (it's a nine month program for .20 or more). Some courts (not all) are also sentencing 48 hours of county jail on a first-time dui in CA. If your court does, they will probably credit the time when you were arrested, and you won't serve any additional
time in jail.

Some courts order an ignition interlock device (blow & go) if the BAC is high enough; very few courts order that on a first-time dui.

DMV consequences are separate from the court consequences:
You will lose your license for 3 or 4 months.
Additionally, you will have to carry extra insurance (SR-22) & you will have to pay a re-issue fee to DMV when you can get your DL.
Check with DMV as to whether they issue 'hardship' or 'restricted' licenses (to work and alcohol program, only). (My understanding is that they aren't, but check - maybe they are).

If you plead guilty, the Judge will ask you if you waive your right to an atty (say yes), if you waive you right to sentencing in 5 days (say yes, you want to complete it then, not in 5 days, which is your right) and will inquire if your plea is voluntary and knowing.
The Judge has to give you a 'Watson" warning - if you drink and drive in the future and cause a death, you will be charged with murder.
The Judge will read the sentence & probation terms (you will get a copy of the sentence sheet with the Probation terms from the court clerk's office after you are sentenced - don't leave the courthouse without checking with the court clerk for your paperwork. The paperwork will give you info re the alcohol programs and how to enroll (there is a stict time frame for you to enroll in the program).
The court will often (not always) give a return date for you to show completion of the program and the payment of the fine. Sometimes, you can do that at the clerk's window; some Judges want you to make a court appearance.

PS: You get credit ($30.) off the fine for each day you were in jail when arrested. If it goes past midnight, most Judges & Prosecutors will credit a second day. Remember to ask for credit.

You sound anxious to get this over with - be patient. Ask the Prosecutor what the Prosecutor's offer is - the sentence is usually up to the Prosecutor, not the Judge.
99.9% of Prosecutors will offer the 'standard' first, as above. If you get an insane one, you don't want to plead guilty so fast - you want a continuance, in the hope a better Prosecutor will be there at the next appearance.

The court process may be confusing, and quick; but remember - you are one of about 50 cases that day, and an 'arraignment and plea' is usually continued, as discovery is just available on that day (& your blood result wasn't there). That Prosecutor usually has jury trials and motions on the same calendar.
Since you represent yourself, ask the Judge, or Prosecutor, for a copy of the discovery for your records. It may not be the proudest appearance in ink on your part, but it's a good idea to have a copy of any document in the system which will affect you.

Good luck.

[garrula lingua]

PS: the Prosecutor shouldn't file the 'b' count, based on the in-field alcohol test.
They need the BAC from the machine at the station, or the blood from the lab.
Hopefully, it's clearer why you couldn't plead at the arraignment.

Ask for the discovery - it's the complaint and a copy of the police report. Keep it with your sentencing sheet and keep your receipts showing payment of the fines; sometimes mistakes happen with paperwork.
You can ask the Judge for payments if you can't pay the fines immediately. The Judge will usually extend the deadline for payment of the fines, if requested.

[A.R.]

i think NOT! thanks so much garrula lingua!! your thoughtful, thorough and detailed reply really helps me out quite a bit. if only this kind of information could be made available to everyone in this situation right away!

after reading your message, i have renewed hope in mankind (and the internet).

one request for clarification, if i CAN plead guitly to just the (A) charge w/o waiting for the potentially damaging blood results to return, wouldn't that be in my best interest? particularly since the PAS test was so high (and the chances of that being THAT off is slim to none), it seems like a better gamble.

warmest wishes to you and yours, and please know your effort in responding meant a lot!

A.R.

[garrula lingua]

Good question.

You have a right to a jury trial 45 days (no sooner) from the date of your arraignment & plea (30 days if you're in custody on the A&P date). A&P was your first court appearance.

The Prosecutor has the right to simply set the case for trial - s/he doesn't have to offer a plea bargain & they have that 45 day window to get the blood...
Both the Prosecutor & the Judge probably want the results of the blood, as you stated, because of the possibility of .15 or more = enhancement.
Ergo, the Prosecutor probably won't allow you to plead to the (a) count, unless s/he has a heavy calendar & wants to dispo some cases early.
The dispo is entirely up to the Prosecutor.

Most attorneys will have their clients plead to the (b) count only, as the (a) conviction, on your record, usually signals drug use to Prosecutors & others in law enforcement.

When the blood comes back, if it's .15 or higher, many attorneys will negotiate with the Prosecutor to allow their client to just plead to a straight first-time DUI, no enhancement (sometimes offering some extra Alcoholics Anonymous meetings, or such as leverage).

It's up to the Prosecutor to adjust the charges according to the blood results (add 23152(b) and, possibly, the enhancement).
...you might try to talk to the Prosecutor about dropping the enhancement if the blood comes back high - it won't hurt, as long as it's a respectful discussion (don't make any statement about the facts of the case, as the Pro. can be a witness, just talk about what the Pros. wants to dispo the case).


The Preliminary Alcohol Device used in the field is not as reliable as the Datamaster/Breathalizer machine in the cop station, or the blood result. Each PAS device has to calibrated and the user has to be certified. Sometimes the calibration of these in-cop-car devices is sloppy & often patrol cops don't use them frequently enough to be proficient in their operation.
And then again, some cop stations have dedicated PAS experts who calibrate the station's PAS devices regularly and they are on the mark with the BAC...

You are welcome, AR. I think this will be your one and only 'defendant' appearance.
Good luck.