First DUI in Orange County, California

[funkthefresh]

What is the name of your state?
California

I received my first DUI in Newport Beach, California. The officer asked me if I had drank, I said I drank 2 beers much earlier and felt fine. (he didn't explain as to why he pulled me over, I didn't do anything wrong) btw.. I didn't know anything about DUI's beforehand considering that I NEVER drive drunk or even any drink... it was just my first time.. not that it matters now..

But yeah, so I failed the walking test (it was quite cold and I told the officers that I couldn't do the tests mainly because it was so cold) I thought alcohol was supposed to keep you warm.. They took me in because I failed the test and didn't breathalyze me, they couldn't get it to work. Then they drew my blood and took me to jail explaining to me that I'd be out by 9AM.

9AM came.. and no one let me out.. I was extremely cooperative the night before the police were quite polite to me up until this point. The officer came and said that they had no orders to let me out.. So I bailed myself out..


so.. It was my first DUI.. I had some speed infractions in the past.. but all when I was a minor.. Will this effect my case in any way? I have just started speaking to an attorney... Any help, advice, pointers? anyone go through a DUI in Irvine?

I've heard having an attorney is unnecessary, while I've had friends who've received less penalty due to their attorney.. and have heard its based on the court..

 

[seniorjudge]

Get a lawyer.

 

[funkthefresh]

my BAC is .11 btw.

 

[seniorjudge]

my BAC is .11 btw.

Get a lawyer yesterday.

Those must have been two extremely large beers!

 

[Zigner]

Get a lawyer yesterday.

Those must have been two extremely large beers!

He never said he only had two beers. What he told us that is that he told the police officer that he only had two beers

 

[funkthefresh]

yea.. those damn beers.. but I'm going to speak to an attorney tonight.. I'm just so confused.. about this whole process..

 

[paguy88]

Get a lawyer yesterday.

Those must have been two extremely large beers!

judge see that's the thing...

people don't knwo how to drink number one..

This guys version of two beers could be two 40's to him that might be too beers..

your might be two 16oz of some domestic...

second issue these days is people that think they are social drinkers are really harmful drinking type but don't know it... socialty has moved the harmful drinker into social status... today

 

[BigMistakeFl]

BigMistakeFl

I prefer 12 oz imports myself. (sigh.... only diet coke these days)

Achieving 0.11 BAC and driving makes this person a harmful type, not society.

To the poster; I'd speak with a lawyer. You need to know what the prosecution has on you and you likely can't get that discovery on your own.

 

[garrula lingua]

standard first DUI is 36 month's summary probation (you don't report to a probation officer, but if you goof up, the court has six months of jail over your head for 36 mos), a fine of about $1800, a three month alcohol program, DMV will suspend your DL for 3 or 4 months and jail varies - some courts require 48 or 96 hours for a first (but will give you cr for the time you served when arrested - each midnight means another day's credit) some courts are not requiring any jail time for a first dui.

You may be able to get a restricted DL from DMV after about one month. Check with them (their suspension of your DL and requirement that you get SR22 insurance (civil administrative hearing), etc is separate punishment from the court (criminal) case.

IMHO, it does not serve you better to have an attorney, unless your case is triable (stop was not based on probable cause or you have a viable defense).

 

[paguy88]

I prefer 12 oz imports myself. (sigh.... only diet coke these days)

Achieving 0.11 BAC and driving makes this person a harmful type, not society.

To the poster; I'd speak with a lawyer. You need to know what the prosecution has on you and you likely can't get that discovery on your own.

this is again when people make the mistake... its nothing to do with DUI.

the BAC is not the issue...

social drinkers don't drive...

harmful drinkers do... but people think that is social drinking... people 99% of people don't know how to drink.

 

[tbud333]

First DUI

I'll give you some advice based on my son's first DUI in Riverside, California. His BAC was also .11. Save your money to pay off the court fine. Go to court and just plead guilty and get it over with. Our hiring a lawyer did nothing to get the charge reduced or to get a lighter punishment. The outcome was the same . a $1500 fine, 3 years probation, 4 months of DUI classes (including 8 AA meetings), 4 months suspended license, 5 days community service. To get his license back(after proof of completion of DUI classes), he also needed the SR-22 form from insurance company (for 3 years), printout of his driving record from DMV, and $160.00 re-issue fee.
Don't even try to argue that there was no probable cause to pull you over. It won't work,they don't need a reason, they got you. Good luck.