DUI last week, what to expect (currently on informal probation)

[boontahr]

This all happened in Southern California, Los Angeles.

About a week ago I was pulled over for driving a bit wobbly on my way home from a house party. I had had a few drinks but thought I had stopped and chilled out long enough to be able to drive. A detail that may be important is that I had not eaten much at all that day and I regularly do not eat much carbs if at all. It was also late (3AM-ish) and fatigue was probably a factor.

CHP showed up to take over, they asked if i'd been drinking tonight and i told them that i had a couple glasses of wine. they administered field sobriety tests which i don't feel i did too well on because i've had sciatica in my left leg before but no medical treatment to prove it (other than acupuncture), so it's difficult for me to balance on that leg as well as stretch it out fully. they gave me the breathalyzer which I failed apparently because they then mirandized me and took me to a holding facility.

Once we got there they administered the breathalyzer again, asking me to blow two more times for them. I don't recall the exact BAC number but they said it was at least 2x the legal limit of .08 which I was shocked at. Spent the night in jail and was let go OR the following afternoon.

My court date is coming up on 3/8/12 and I am wondering what the best course of action may be for me. This is my first DUI offense BUT, i am on probation for a misdemeanor battery case which I had taken a plea for around a year ago.

That case involved a then-girlfriend who had been physical with me before, in front of her friends, would slap and scratch my face to the point where I bled, and I had never laid a hand on her either before or in retaliation. Until one night when she did it again, thinking I was cheating on her and out of pure reactive instincts I shoved her back causing her to fall on her back. Something I should not have done and I should have kept my cool. Her neighbors had called the cops by this point thinking I was the one physically harming her the entire time we were arguing, so I felt that I had a weak case and took the plea. Got the probation for 3 years, did 52 weeks of domestic violence counseling, abided by the restraining order (HAPPILY) and did 20 days of community labor.

So back to present day.

Court date for the DUI is coming up, and I am a bit lost as to what to do once I step into that courtroom. Plead non-guilty and then see if a lawyer/public defender can get charges reduced? My main goal is to stay out of jail, I work to make a living, and I can live if I get my license suspended and need to attend AA and DUI classes. I just happened to get involved with the wrong girl at some point (who hasn't) and made a dumb mistake involving alcohol. Any insight or tips on what to expect would be really appreciated, thank you.

 

[arsenic]

I recently pled guilty to a first-time DUI (no priors) about a year and a half after my arrest. I did a lot of reading about alcohol and drinking, DUI's, during the interim, though I didn't really peruse this forum until after my plea.

From what you described, you are going to get a DUI. The police stopped you for driving "wobbly", and you blew 2X the limit (which is the average for drivers arrested for DUI's). At that level, I doubt that the DA will accept a lesser plea. Depending on the locale, 0.08 to 0.1 may be offered a Reckless.

With my DUI, I opted for a blood test, thought I was borderline, and my arrest was out of the ordinary. I didn't know my actual BAC, and I was out of county, and so retain an expensive DUI-only attorney the next day. The going rate in San Diego County seems to be $5000 flat rate, and mine charged much more than that. It turned out I was way over 0.08, and my eventual court penalty was the standard one offered to all 1st DUI's with no previous record.

DUI's are the bread and butter of single-practitioner lawyers, and they will extend the most optimistic possibilities and the chance to reduce the penalties. From my interaction with my fellow DUI criminals in the mandatory DUI classes, the penalties are all pretty much the same whether you are lawyered-up or just immediately plead guilty by yourself if your BAC is over 0.1 or so. At your 0.16 BAC, I really doubt that you will get a break.

I don't want to be cynical, but in most cases the lawyer knows that the potential client has no case within 5 minutes of talking to the arrestee, but offers hope anyways to land the retainer. Especially on their websites, they will mention that breathanalyzer and blood test results are not completely reliable and can be challenged. Yes that is true, but barring egregious human errors, they are almost always correct. After my retainer was paid, my lawyer rarely answered my phone calls or emails, though his secretaries occasionally would reply. I found out that this is not uncommon, and understandable since the the court logistics are routine.

Basically, I think for a 1st time DUI with a BAC of over 0.11, there is really no point in getting a lawyer. The penalty will be the standard one for that jurisdiction.

BUT, in your case, you probably need a lawyer to mitigate the additional penalty for parole violation.

And sorry, you will have your license suspended. The DMV will suspend you for 30 days followed by several months of restriction (if you fulfill certain conditions.) regardless of your court outcome. You will be required to take a once-a-week DUI class for 15 weeks to get your license back. Depending on your county, you may be required to attend a MADD class or a couple of AA meetings, despite evidence in the medical literature that compulsory attendance at either is useless.

 

[boontahr]

thanks for sharing your thoughts/experience. Yeah, I'm not too hung up on the license suspension and classes and whatnot, I get that that is what comes with the territory of this sort of mistake.

If anyone has anymore insight into the situation with the probation, that is really what I'm a bit lost and confused and a bit nervous about since I am guessing that I may go to jail for that part.

 

[Willlyjo]

This all happened in Southern California, Los Angeles.

About a week ago I was pulled over for driving a bit wobbly on my way home from a house party. I had had a few drinks but thought I had stopped and chilled out long enough to be able to drive. A detail that may be important is that I had not eaten much at all that day and I regularly do not eat much carbs if at all. It was also late (3AM-ish) and fatigue was probably a factor.

CHP showed up to take over, they asked if i'd been drinking tonight and i told them that i had a couple glasses of wine. they administered field sobriety tests which i don't feel i did too well on because i've had sciatica in my left leg before but no medical treatment to prove it (other than acupuncture), so it's difficult for me to balance on that leg as well as stretch it out fully. they gave me the breathalyzer which I failed apparently because they then mirandized me and took me to a holding facility.

Once we got there they administered the breathalyzer again, asking me to blow two more times for them. I don't recall the exact BAC number but they said it was at least 2x the legal limit of .08 which I was shocked at. Spent the night in jail and was let go OR the following afternoon.

My court date is coming up on 3/8/12 and I am wondering what the best course of action may be for me. This is my first DUI offense BUT, i am on probation for a misdemeanor battery case which I had taken a plea for around a year ago.

That case involved a then-girlfriend who had been physical with me before, in front of her friends, would slap and scratch my face to the point where I bled, and I had never laid a hand on her either before or in retaliation. Until one night when she did it again, thinking I was cheating on her and out of pure reactive instincts I shoved her back causing her to fall on her back. Something I should not have done and I should have kept my cool. Her neighbors had called the cops by this point thinking I was the one physically harming her the entire time we were arguing, so I felt that I had a weak case and took the plea. Got the probation for 3 years, did 52 weeks of domestic violence counseling, abided by the restraining order (HAPPILY) and did 20 days of community labor.

So back to present day.

Court date for the DUI is coming up, and I am a bit lost as to what to do once I step into that courtroom. Plead non-guilty and then see if a lawyer/public defender can get charges reduced? My main goal is to stay out of jail, I work to make a living, and I can live if I get my license suspended and need to attend AA and DUI classes. I just happened to get involved with the wrong girl at some point (who hasn't) and made a dumb mistake involving alcohol. Any insight or tips on what to expect would be really appreciated, thank you.

I believe that your probation will not affect your DUI at all. If the judge looks at the fact you did a year's worth of counseling as well as 3 weeks worth of community service, he might even give you a little bit of a break when he declares your fine. You'll definitely get your license suspended and you'll have to do classes, but outside of that and a 2500.00 fine, you won't spend any time in jail for a first offense.