First day of court for driving under the influence

[theyerb]

What is the name of your state? California

Hello all. Three weeks ago I was pulled over for a broken tail-light. Twenty minutes later I was in the back of a cruiser headed to the hospital to get my blood checked for its alcohol content. Anyways, I was arrested for "driving under the influence." I had, in fact, had several beers at a buddy's and left feeling capable of driving; whether I was or not we will soon find out. I blew under .08 (for the initial test) and seemingly did well on every FST test.

I have an excellent record and am a good student. I'm 21 years old and this is my first criminal charge for anything! What sort of punishment can I expect assuming my BAC comes back at around .065? Is it likely that the charges may be dropped?

My main question is this: My arraignment is in a week. Should I hire a lawyer or head into the court-room alone? Can anybody offer me enlightenment as to their experience on the first day of court? cheers

[jff.law]

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[garrula lingua]

In CA, the first appearance is the arraignment.
On that day, you will find out if the Prosecutor will charge you, and what exact charge (it doesn't matter what you were cited for - the Pros. can charge for whatever crime the Pros. can prove in court beyond a reasonable doubt).

The Prosecutor may decide not to charge you if the blood result comes back less than .08.
Another possibility is that the blood result may not be back and your arraignment may be extended, or you may be charged with 23152(a) -impaired driving (instead of 23152(b) - .08 or over).

You can represent yourself at the arraignment. Just find out what is your exact charge.
You may also find out from the Pros. what the offer is, and ask for a copy of the police report. That will tell an attorney how 'triable' your case is - whether there is something arguable about probable cause for the stop, or one of the elements.

When the Judge asks you how you plead, you can ask for a continuance to hire an attorney (ask J for a copy of the police report). You can then shop for an atty with a copy of the police report and knowing what the Pros. is asking for as a plea (which will be a 'standard first' and rarely differs with the addition of an attorney).

[garrula lingua]

PS: the Prosecutor may offer a 23103 or 23103 per 23103.5 (reckless, or wet & reckless).
The first is a priorable DUI, the second is not.

from a prior post:
The usu minimum punishment for a first time DUI in CA:
36 months summary probation, a fine of $390 + penalty and assessment (usu about $1200; or 13 days in county jail), a three month alcohol program (AB 541). Your time in jail is usu credited as one day agin the fine.
Suspension of your driver's license is done by DMV (usu 4 mos, unless yor're under 21, then one year). All consequence to your DL is from a separate administrative action by DMV. (the civil action agin you by DMV is separate from the criminal court case). You will also have to get SR-22 insurance in order to get your priving privilege reinstated.

All misdemeaner convictions also carry standard court fines and fees such as:
$100 victims restitution fund, 25 booking fee, 35 alc progrm, 20 court security.

Most jurisdictions start with that statutory mandatory minimum, and add jail time or CalTrans (filling those orange garbage bags on freeway), the Hospital and Morgue program in LA, Mothers Agin Drunk Drivers Victim Impact Panel program, etc.
Added punishment depends on the area DA's/Prosecutor's office, whether there was a traffic collision, refusal (requires longer alc program) or BAC level

[elmuchoprez]

Does anyone know when you are actually considered to be charged with a crime? Is it when the officer arrests you? Or is it when the prosecutor decides he's going to pursue the case?

[garrula lingua]

The Prosecutor decides whether and what to charge.
S/he may follow the cop's recommendation, or may charge a more accurate offense, based on the facts ... or not charge.
Most Prosecutors follow a 'charging manual' which has shorthand entries as to the elements, the level of crime, and the sentencing.

The cop arrests, based on probable cause.
In most jurisdictions, the police report goes over to the Prosecutor with the info regarding what charges were listed on the citation/arrest report.
The Prosecutor will charge accordingly, or add/reduce charges, or reject the filing with a short written explanation for rejection.

Additionally, the cops can release an offender & not send a report to the Prosecutor (sometimes a bone of contention in high profile cases).