First Time DUI in Calif-Sacramento

[softvirgo]

What is the name of your state? California

Yesterday night I got arrested for DUI for first time. They took my breath test 2 times and it came 0.08 both times. I also did field soberity test twice. I just had 2 beers like 2 hrs back. i know I made a wrong choice.

I don't have anything on my driving record but I was having 1 Public Intoxication charge 2 months back which is already resolved.

Please help me and let me know that what could be the penalitie i should be looking for first dui. I am scared of going to jail.

Please help

[softvirgo]

Please help. is anybody there. I am really tensed on this.

[fagettaboutit]

Originally Posted by softvirgo

What is the name of your state? California

Yesterday night I got arrested for DUI for first time. They took my breath test 2 times and it came 0.08 both times. I also did field soberity test twice. I just had 2 beers like 2 hrs back. i know I made a wrong choice.

I don't have anything on my driving record but I was having 1 Public Intoxication charge 2 months back which is already resolved.

Please help me and let me know that what could be the penalitie i should be looking for first dui. I am scared of going to jail.

Please help

Hire an attorney that is very affluent in DUI laws. I'd suggest looking on the National College of DUI Defense website (google it). DUI is a serious crime and you need a lawyer who knows how to handle the charge. Avoid any lawyer who "thinks" they know DUI laws because their price is right.

I also did field soberity test twice.

The biggest misconceptions people have with regards to FSTs are they're tests used by cops as gauge to set people free. FSTs aren't used as a means to test you for dismissal of DUI. They are used as a means to collect evidence against you. You could do those tests until the cows come home, but rarely are they used as a test to prove someone is sober enough to drive.

I just had 2 beers like 2 hrs back. i know I made a wrong choice

If you only drank two beers two hours before you drove, you didn't make a bad choice. That amount of alcohol in that period of time would put you WELL under .08. Two drinks in a three hour period would put you around .02. Two beers in a two hour period wouldn't put you over .04. That would be well within the legal limit.

As scared as you are, you need to educate yourself on a CRIME that you have been arrested for. Your first defense is knowlege.

Good luck.

[CdwJava]

Realistically, they will likely offer you a plea to the lesser DUI charge (and NOT the .08+ violation), or offer you a "wet reckless". If you take the plea or are convicted you likely face fines, court restitution, counseling, and almost certainly a suspended or restricted license.

If you have not already done so, schedule a hearing with the DMV on your driver's license. If they seized your license and issued you a DS 367 (aka the Admin per Se form) then you have 10 days to schedule a hearing with the DMV or your license will be suspended automatically. Remember, however, that win or lose in court, your license can still be suspended by the DMV. And, win or lose at the DMV hearing, you could still be convicted in court. They are seperate matters.

- Carl

[Tony31]

Originally Posted by softvirgo

What is the name of your state? California

Yesterday night I got arrested for DUI for first time. They took my breath test 2 times and it came 0.08 both times. I also did field soberity test twice. I just had 2 beers like 2 hrs back. i know I made a wrong choice.

I don't have anything on my driving record but I was having 1 Public Intoxication charge 2 months back which is already resolved.

Please help me and let me know that what could be the penalitie i should be looking for first dui. I am scared of going to jail.

Please help

Breath anylizers have an inherent error of +/- .o1%. You could possibly argue that your results could possibly fall within that margin of error i.e. .079%, but they'll just push the excsessive BAC. That's why you see 2 charges on your ticket, 23152 A+B. You can also attack the machine under Title 17 Cal Code Reg. The machine must be calibrated every 10 days or every 150 person's, whichever comes first. The public intoxication cannot be used by the DA in your case.
You can also attack the results of the field sobriety tests. For example, in the 3 tests done on me 4 years ago, there were 17 possible points where I could have failed...I failed 3 of 17, one of them being estimating 30 seconds to be 35 seconds.
You shouldn't get any more jail time than the time you served at your arrest, you're a first offender. Expect a $1,500 fine, alcohol counseling and maybe a couple weeks community service. They'll ding ya big on a second offense. 4 DUI's within 7 years becomes a felony.
Google Lawrence Taylor and check out his website. He's the top DUI lawyer in california.

[garrula lingua]

Your fourth DUI within TEN years in CA will be a felony

Your weight factors into the calc of .08 - 2 beers can do it

[garrula lingua]

23152(a) - the DA doesn't have to prove a blood alcohol level -
just that you were driviing and you were 'impaired'.

What was your driving like ?

You may have a 'rising alcohol' defense, but it might be wise to consider a "wet and reckless" if it's offered - you'll likely get a large fine, a three month alcohol program (sounds like you need it) and probation

[HARASMENICLY]

California

I Don't Know If You Got This Resolved Or Not But If Not Listen:
You Don;t Need To Hire An Attorney Unless You Worried About Paying A Fine. I Got Pulled Over Last July Being Under The Influence And All I Got Was 90 Day Restriction To And From Work Or Work Search And You Will Have To File An Sr-22 And Keep It On Your Record For 3 Years. Don't Worry About The Previous Charge Because 10 Days Before I Got Pulled Over My House For Busted For Drug Sales And I Had Bailed Out And Had A Pending Court Date.

[BigMistakeFl]

No jail time for you is likely. You might well be expected to seek further alcohol treatment, given your prior. Penalties, DUI school, maybe some community service and probation should be it.

[Tony31]

Originally Posted by HARASMENICLY

California

I Don't Know If You Got This Resolved Or Not But If Not Listen:
You Don;t Need To Hire An Attorney Unless You Worried About Paying A Fine. I Got Pulled Over Last July Being Under The Influence And All I Got Was 90 Day Restriction To And From Work Or Work Search And You Will Have To File An Sr-22 And Keep It On Your Record For 3 Years. Don't Worry About The Previous Charge Because 10 Days Before I Got Pulled Over My House For Busted For Drug Sales And I Had Bailed Out And Had A Pending Court Date.

Your information is way off. You probably got an excessive BAC and only DMV action. The previos DUI's this person has is a big matter!
The law does not allow the court consider a previous drug sales arrest in a DUI matter, especially one that has yet to me resolved. That is prejudicial evidence and has no relevance to driving under the influence.
The law, in fact, mandates the court to take into consideration previous DUI's when hearing the matter of a new DUI in the state of california.

[Tony31]

Originally Posted by Tony31

Your information is way off. You probably got an excessive BAC and only DMV action. The previos DUI's this person has is a big matter!
The law does not allow the court consider a previous drug sales arrest in a DUI matter, especially one that has yet to me resolved. That is prejudicial evidence and has no relevance to driving under the influence.
The law, in fact, mandates the court to take into consideration previous DUI's when hearing the matter of a new DUI in the state of california.

Strike my last post. Thats for a different thread.

[softvirgo]

Is it is required by law to give at least 3 Field Soberity tests by officer while checking for dui .

[fagettaboutit]

Originally Posted by Tony31

Your information is way off. You probably got an excessive BAC and only DMV action. The previos DUI's this person has is a big matter!
The law does not allow the court consider a previous drug sales arrest in a DUI matter, especially one that has yet to me resolved. That is prejudicial evidence and has no relevance to driving under the influence.
The law, in fact, mandates the court to take into consideration previous DUI's when hearing the matter of a new DUI in the state of california.

The OP didn't have any prior DUIs.

Yesterday night I got arrested for DUI for first time...I don't have anything on my driving record but I was having 1 Public Intoxication charge 2 months back which is already resolved.

[fagettaboutit]

Originally Posted by softvirgo

Is it is required by law to give at least 3 Field Soberity tests by officer while checking for dui .

No. The only testing required by law is the BAC testing (either by breath, urine or blood). Even then you have a right not to submit to that testing - though you face DMV issues. But the fact that you already did the roadside tricks, the officer's observations can be used against you. A good DUI lawyer will challenge the officer's observations though.

With only two beers in two hours, you would have been better off asking for urine or blood test. But most officers won't tell the person being arrested they have a right to also have their blood or urine tests.

[fagettaboutit]

Originally Posted by softvirgo

Is it is required by law to give at least 3 Field Soberity tests by officer while checking for dui .

Scratch that last post. I misunderstood the question.

I'm not sure if there's a law that requires at least three be given. I would imagine since the testing is used to gather evidence against you, the officer would want to use as many as possible.

There are only three that have any scientific validation when performed and scored exactly to the National Highway Traffic Safety Administration procedure.

A good DUI lawyer, one that has been trained according to the NHTSA guidelines, will be best prepared to challenge the officer's scoring.