first dui (speeding/possible high bac)

[lolitanabokovv]

What is the name of your state (only U.S. law)? California

Hello,
I got my first DUI two nights ago in southern California. I got pulled over for speeding (70+ on a 45 speed limit on the streets) and swerving. I failed all the sobriety tests and he cuffed me and took me to the station. After he did some paper work, he fingerprinted me, and did a blood test then let me go. At first I wasn't too worried (not to say that I think DUI is a small matter, I know what I did was irresponsible and foolish but this is very uncharacteristic of me. I went out for a few drinks because I found out that same day that my dad has only a few weeks to live. I know my depression does not justify anything nor will it stand up in court but I have been very sad and I definitely was not myself that night)..like I was saying, I wasn't too worried because everyone says your first DUI should be okay and you'll just get hit with many penalties and fees but after I heard that speeding and a high BAC are enhancements (I'm uncertain of my exact BAC but I'm sure it was very high, maybe .2 or higher) and that equals mandatory jail time. Upon hearing that, it made me worried. I already feel horrible for making my mom go through this when we are already going through my dad's imminent demise. We are not financially stable to secure a lawyer but I am scared that the court will take advantage of my young age (I'm 22) and my lack of experience of the court and its complexities. I do not want to endure a higher punishment than I would with a lawyer. I was just hoping to hear some reassuring words and advice about the jail time, punishment, fees, penalties and what I should do to make this as easy as possible. My plan was to leave the country after my dad's death in a few weeks because my mom and I could not financially afford living in the states and we've been in emotional distress for the last 4 years from my dad's cancer. But my first court hearing is in 1 1/2 months so I cannot leave the country. Thank you for taking your time to read this

[CdwJava]

The first thing to do is to hire an attorney.

From this site:

First California DUI Offense:


California Criminal Status: Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

Jail: 48 hours, but not more than 6 months.

California DUI Fines/Costs: $390-$1,000 plus penalty assessments.

California License Suspension: 4 months suspension; restored after 30 days upon showing of hardship. 1 year suspension if under 21.

Ignition Interlock Device: Court may order use of interlock device.

Vehicle Impound: Court may order impoundment.

California DUI School: Mandatory alcohol education if under 21. Possible first offender school for 3-6 months, depending on BAC level.

California Probation: 3 years informal – no probation officer.

Community Service: In some courts, you may work off some of your fees/costs by doing community service.

- Carl

[shoman24v]

Can the court also put a suspension your license?

[FlyingRon]

Originally Posted by shoman24v

Can the court also put a suspension your license?

You can count on it.

[lolitanabokovv]

There's absolutely no way I can afford a lawyer. However, I've had a few free consultations from lawyers. Many of my friends actually have had their very own first DUIs and none of them advised me to get a lawyer especially if it's my first offense. One of my friends crashed his car and had a high BAC but he did not even go to jail. However, every lawyer I talk to says that there is a possibility I will go to jail and I am terribly afraid. I feel as though they are saying this so I could hire them. Should I hire a public defender. I just want to plead guilty and try to get the minimum sentence, fees, penalties.

And I was wondering if I could transfer those jail time to Cal Trans or any other alternatives. Could I talk to the prosecutor before my arraignment about my personal situation or would that be impossible? I know the court is unsympathetic and has zero tolerance for DUIs but I feel as though they should hear me out especially because I was not myself that night. I've been severely depressed and though that does not justify my actions, it does hinder my judgment. And to be jailed for something I would not characteristically do, I feel would be unproductive. I am already beating myself up so badly to the point where I'm taking anxiety and sleeping pills every night.

[garrula lingua]

The sentence for DUI usually depends on the Prosecutor.

In pathetic cases, a Prosecutor can give credit for the arrest time as jail time served (going past midnight can equal 2 days; the code calls for 48 hours (exact); some Prosecutors will use wiggle room re jail time).

Even if you have to do 48 hrs jail, in some jurisdictions, jail is so crowded, that they will release you after a few hours (usually after checking you in).

First time offenders who plead guilty usually get a 'standard' first-time dui sentence. The exact sentence depends on the Prosecutor, the Court, and whether it's the County District Attorney or a City Attorney who's prosecuting. For a defendant who is pleading on a first-time DUI, an attorney may or may not have an impact on the sentence.

If you want to take this to trial, or if your BAC is .09 or less, then I think an attorney is essential. For trial, you want a bulldog; for negotiation, you want an attorney who has a rapport with the Prosecutor.

Stop beating yourself up & draw up a plan to get through this.
You will have to carry SR22 insurance ($); pay fines ($$) and pay for the alcohol class ($$$). The court will probably let you do community service for the 390 + penalty & assessments fine (equals about $1300 for a 390 fine).

You'll have to plan on alternative methods to driving yourself during your suspension. Line up assistance & check bus routes/trains.
You'll probably have to go to AA meetings also. Scout out what's available in your locale.
If your BAC is very high, there are enhancements to punishment.