underage DUI, plea bargin??

[moneyy]

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

Please excuse the username as it is only a nickname and does not indicate my financial status in the least.

So I got out of jail today for a DUI. basically the story is, cops pulled me over for accelerating too fast off a turn and illegal left turn with no signal also my front plates were missing. They asked me if i had been drinking to which I admitted yes a few drinks. They asked how old i was and I said 20. After looking at registration papers the cops asked me to step out of the car. they looked at my pupils and said some thing about my eyes having abnormal dialation. so they decided to run a few tests, first the horizontal eye test, then standing on one foot, counting off fingers, and then walk the line pivot turn and walk line back. this whole time i cooperated with no problems. finally took the "mandatory" under suspension of license if refused breathalyzer test. blew a .9. cuffed, taken to the police station, taken to drunk tank, released, and here i am now.

This whole time i could not believe this was happening, i know that it was all my fault but i could literally see my whole life crashing before my eyes because of my decision to drink and drive. I am the head of the household with just me and my mom, who is unemployed at the moment. I go to school full time, and work full time just to pay the bills around the house. I dont know to what extent this dui will cause in problems for me but i am down right scared for the security of my life and my moms right now. I am going to hire a dui defense attorney and hoping to get best possible plea bargin. i know it will depend on the judge however, given my situation, my willingness to cooperate with the officers(they said they noted that i was fully cooperative), no criminal record, financial responsibilities in household, and clear lesson learned, would having a jury trial help me? if not im just going to have to pray for the best alternative and what can i hope for. ANY advice right now will help me.

 

[CdwJava]

So I got out of jail today for a DUI. basically the story is, cops pulled me over for accelerating too fast off a turn and illegal left turn with no signal also my front plates were missing.

So, we have established that reasonable suspicion to justify the detention existed.

They asked me if i had been drinking to which I admitted yes a few drinks.

Wow! some 98% of the population would have answered, "A couple", or, "Two." Of course, being 20 years old, having even one can be very, very bad.

finally took the "mandatory" under suspension of license if refused breathalyzer test. blew a .9. cuffed, taken to the police station, taken to drunk tank, released, and here i am now.

I suspect you mean you blew .09 ... you cannot get to .90 without being dead.

This whole time i could not believe this was happening, i know that it was all my fault but i could literally see my whole life crashing before my eyes because of my decision to drink and drive.

It can be bad, but it's not nearly as bad as most countries treat DUI.

i know it will depend on the judge however, given my situation, my willingness to cooperate with the officers(they said they noted that i was fully cooperative), no criminal record, financial responsibilities in household, and clear lesson learned, would having a jury trial help me? if not im just going to have to pray for the best alternative and what can i hope for. ANY advice right now will help me.

You blew a .09 in the field ... were you given another test after you were arrested? What was the results of that test (if another breath test)?

Here is what you face:

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. ​

This decision was yours alone, so you will have to look into making the most of the situation to keep moving ahead.

It is also possible that the offense could be bargained down to what is referred to as a "wet reckless" under CVC 23103.5 ... it still will count as a DUI for any future incidents, but it is not technically a DUI offense so you may not have to declare it on job applications as such. Plus, the penalties are a little less severe.

- Carl

 

[moneyy]

they gave me another test at the station, one where i had to blow for 10 seconds. and yeah sorry it was a .09. the results of the second test i believe was .09 the first time and .1 the second. so it was about the same as the field test.

At this point i realize what i have done and am going through the whole dui depression state, im really just hoping for the best possible plea bargain and if that's wet-reckless with restricted license, community service, and aa classes then i would take it. do i have any defense for a restricted license for going to work and school to support my family? (mom and myself)

and thanks for the reply carl

 

[CdwJava]

they gave me another test at the station, one where i had to blow for 10 seconds. and yeah sorry it was a .09. the results of the second test i believe was .09 the first time and .1 the second. so it was about the same as the field test.

Okay. I thought something might be amiss.

At this point i realize what i have done and am going through the whole dui depression state, im really just hoping for the best possible plea bargain and if that's wet-reckless with restricted license, community service, and aa classes then i would take it. do i have any defense for a restricted license for going to work and school to support my family? (mom and myself)

Generally, the restricted license will only come after you have served a short stint on suspension and then apply for the restricted license.

Plus, since you are 21 a license suspension is pretty much automatic. You should make the appropriate preparations just in case the state does not offer a plea to the lesser offense.

- Carl