I blew a .09 for my first DUI have some ?'s

[pkurk]

I got a DUI in the state of california. I passed the field test but i blew a .09. I have zero priors, no arrests and a clean driving record. I was cooperative as well, the cops kind of felt bad. They pulled me over because they claim that i had a light out in the back and that i was driving "kind of fast." I didnt get any tickets for anything else when pulled over. What kind of sentencing am i looking at and how much money with and without a lawyer?

Thanks in advance.

 

[CdwJava]

I got a DUI in the state of california. I passed the field test but i blew a .09.

No, you did not "pass" the field sobriety tests. If you HAD "passed" you would not have been arrested and compelled to take a chemical test.

A lot of people think they "passed" when, in actuality, they did not.

What kind of sentencing am i looking at and how much money with and without a lawyer?

If you make enough money or have sufficient assets to hire an attorney, you likely will not qualify for a public defender. You should not try to deal with this yourself.

A criminal defense attorney might cost you about $3,500 - $5,000 if it goes all the way to trial. An attorney that specializes in DUI might cost you two to three times that much, depending on how much work he or she has to do. Only after a review of the police report can an attorney give you an estimate of the strength of the state's case against you.

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: 6 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. Effective July 1, 2010, California promulgated a pilot program requiring mandatory installation ignition interlock devices for those arrested for drunk driving in Los Angeles, Tulare, Alameda and Sacramento Counties. The ignition interlock device will be installed for 5 to 12 months. If the pilot program is successful, the program may be expanded to the rest of the state.


Vehicle Impound: Court may order impoundment.

California DUI School: Mandatory alcohol education if under 21. Possible first offender school for 3-6 months (12-45 hours of alcohol education), 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.
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[pkurk]

The arresting officer said i seemed fine after the test and that he didnt think i was drunk, those were his words. So he said would you want to submit to a brethalyzer so i said yes because i was almost certain that i was under the limit because it was a significant amount of time since i had a beer, which was all i had that night.

I saw attorneys here for $500.00 i dont know where you're getting your information from.

 

[CdwJava]

The arresting officer said i seemed fine after the test and that he didnt think i was drunk, those were his words.

Then he either (a) lied to you, or, (b) made an unlawful arrest.

We typically tell people they are doing "fine" because to say, "Man, you tanked that one!" will often result in a refusal to do more tests.

And if he truly said you were fine, but arrested you anyway, then he made an arrest without probable cause and this would be a crime on his part. I suspect the report will reflect his observations and articulation of the objective symptoms of impairment followed by an arrest for suspicion of DUI and then the chemical test prior to booking you for CVC 23152(b) (and maybe 23152(a) as well).

So he said would you want to submit to a brethalyzer so i said yes because i was almost certain that i was under the limit because it was a significant amount of time since i had a beer, which was all i had that night.

As a note being "under the limit" does not mean you are not impaired. You can still be DUI under .08. If you are driving under the influence of a handful of Vicodin and blacking out, your BAC will be 0.00 ... that's under .08. CA has two statutes - one for being over the per se limit of .08, and the other for being impaired by drugs or alcohol.

I saw attorneys here for $500.00 i dont know where you're getting your information from.

If they are asking for $500 that's probably just a retainer through arraignment. Maybe. That might be a traffic clinic guy, but that's certainly not a trial attorney and not an estimate through trial. The lowest I have seen for a criminal trial is about $1,500 and that was for a simple traffic misdemeanor. The average cost for attorneys in a DUI trial locally is about $5,000 through trial, and closer to $15,000 for a specially trained DUI attorney (the increased costs being because of the added work they do in the form of motions, challenges, delays, etc.).

There ain't no way you are going to get a decent attorney to represent you through a trial for anywhere near $500. Most seem to ask for a retainer double or triple that amount just to start reviewing the case.

 

[DUIAttyPCho]

.09 dui

Listen to CdwJava. He is right on the money as far as the sentencing is concerned for a first time DUI. As far as getting an attorney to represent you on your DUI matter, CdwJava is also on the money. I happen to be a attorney that specializes in DUI (not to toot my own horn) and also ex prosecutor.

The $500 attorney types are those that will represent you only for arraignment, and will do nothing else except maybe enter a plea on your behalf for an extra $150 on your first court date.

The typical fee for a first time DUI is as follows: $1,500 and thats if you decide not to go to trial, and assuming its a straightforward case. Trial is a seperate fee of between $3,000 to $5,000. So total, DUI plus trial, you are looking at a minimum of $4,500 to $6,500. That's assuming that the case is straight forward, and no experts are called on your case. Experts cost extra and you would have to add about $3,000 to $4,000 to the trial cost for a decent respected expert witness for your DUI trial. All that for an attorney specializing in DUI with experience of about 5 to 10 years with DUIs.

If you want to hire one of the BIG HONCHOS in Los Angeles, meaning a DUI attorney who has experience of at least 25 years, pulls out all the stops, does anything and everything in the book to prolong and fight the case, and also has media backing, then we are talking about more in the ball park of $15,000 to $20,000.


So, that's the reality when it comes to getting an attorney to handle your DUI case. You get what you pay for, and if you want to try to fight for the best outcome, you have to shell out the cash.

A $500 attorney is not going to do all the work necessary to fight your DUI case. You might as well go and represent yourself rather than pay the $500.
Good luck on whatever you decide.

 

[DUIAttyPCho]

i was reading over my post, and I forgot something important. At a .09, you have a strong case to argue for a "wet reckless." Sentence would be:

36 or 24 months depending on the County and Court, $895 in fees, and a 12 hour Wet Reckless school. And no ignition interlock. Note that the ignition interlock is imposed only in certain counties. So your sentence might not include the ignition interlock regardless of if it's a first time DUI or not.

Regardless, it's better than 36 months probation, $1800 fees, 3 month DUI classes, and ignition interlock (depending on the County).

Also, if you were to get a wet reckless, it would also affect your license on the DMV side, but in a good way. But, again, at discretion of DMV.

It's a border line DUI, so you might really consider getting an attorney to handle your case. You will need one to try to bring the .09 alcohol content down. Expect to pay $1,500.

Good Luck!