Will I goto jail 1st DUI

[mikenshari]

What is the name of your state? CA
This is my first DUI, and I had a .16 then .15, will I goto jail for the 48HRS. Do I really need a lwayer?

[weenor]

Well blowing double the legal limit certainly creates additional exposure. Yeah, see a lawyer.

[BigMistakeFl]

You can meet a DUI defense lawyer normally free of charge for the first consultation. Go ask lots of questions, see if he or she has anything to offer. Don't hold back any info, he or she cannot share that with the prosecution.

Chances are you won't get jail time as part of the penalties. Incidentally, most states still recognize the "official" double the legal limit at being a BAC of 0.20 based on the old limit of 0.10. There is a strong move afoot to reduce that to 0.16. The judge often bases penalties based in part on the BAC being above or below that 0.20. Good luck

[BelizeBreeze]

Originally Posted by mikenshari

What is the name of your state? CA
This is my first DUI, and I had a .16 then .15, will I goto jail for the 48HRS. ?

With any luck YES!

[garrula lingua]

The minimum, in CA for a first is:
-36 months summary probation (you don't report to a probation officer, just don't violate any terms - the court has six months of jail time over your head for those 36 months),
- a fine of 390 plus penalty and assessment (this computes to approximately 1200..with all court charges, it'll be about $1600),
-the six month alcohol program (usually 3 months, but since 11/20/2005, the legislature changed to acknowledge a .15 or higher BAC to need a longer alc program);
---DMV will suspend your license for 3 to four months.
DMV is separate from the court. The suspension is their arena, not the Court's since 11/20/05.

Jail: actually, no jail time is required on a first, but courts and Prosecutors in most courts are imposing 48 to 96 hours of county jail - it depends upon the county and the Prosecutor. If you were in jail past midnight, most Judges will give you credit for two days county jail, so if jail is ordered, you should get some credit. If they order 96 hrs jail, you will frequently get released in the morning - most jails are overcrowded.
Jail time is at the discretion of the Prosecutor or Judge - you can't demand the minimum & the written waiver you sign says the minimum is 48 hours (really depends on the court).

The Prosecutor may add the MADD Victim Impact Panel, or, in Los Angeles County, the Hospital and Morgue program (yep - go to the morgue & look at bodies & go to the ER " " & do a composition for the court).
Prosecutors and Judges also add CalTrans sometimes - picking up garbage from the freeway.
SeniorJudge has posted rules for your appearance in court-search for them.
Basically, don't wear cut-offs or tee-shirts (you don't need a suit, but long pants & shirt with sleeves).
Be respectful, bear up - you can get through this OK.

PS: how old are you ? If you're under 21, DMV must suspend your DL for a year.

[garrula lingua]

PPS: re getting a lawyer:

Personally, I would use the public defender if I qualified.

if I didn't qualify, I would appear 'in pro per' = representing myself.

The terms are fairly standard; I would only hire an attorney if:
1. there was something about my case which made it defensible (were you seen driving ?)
2. I really mouthed off at the police and I'm not going to get the minimum
3. There are other charges as well as the DUI & I'm not guilty of those
4. I'm a truck driver/attorney and this is my living at issue, so even though I'm guilty as all heck, I have to go to trial.

[mikenshari]

garrula lingua,
This is my first arrest for anything ever! I'm over 30. I never drink, but I guess it the time that you do, is the time you get busted.

[garrula lingua]

Mike, it depends upon what county this happened;

You probably won't get county jail; if you do, in some counties, there is 'private jail' (Los Angeles allows it & some Judges in Orange & San Diego.

Some cities 'rent' out their jails for about $80 per 24 hr period.
If you get one or two days in jail & the court won't credit you 'time served', then you can try to get private jail.

The easiest way to put your mind at ease is to go to the court where your case will be heard & listen to some cases. If you can get to speak with the bailiff, they usually are very helpful & can tell you if private jail is allowed in that court & what are the usual consequences for a first-time DUI with your BAC (probably no jail).

You'll get through this - you just have to plan the $ due in fines (you could do community service), how to get around while your DL is suspended & doing the alcohol program (& you have to pay for that, as well, in addition to the fines).

You probably won't get any additional jail and you probably won't get the Ignition Int. Device (known as the 'blow & go").

This is all hard, but it's doable. You'll get through this. Just be sure to follow the court's orders, as you'll be on probation.

---Only you know if your case is defensible. You should pay for a consult with a criminal law atty -s/he could answer your questions & also tell you if you may prevail at trial.
The Proseutor has to prove 1. You were driving, and 2. you were impaired at the time.

What county are you in ?

[2901bruce]

Originally Posted by mikenshari

What is the name of your state? CA
This is my first DUI, and I had a .16 then .15, will I goto jail for the 48HRS. Do I really need a lwayer?

No. You were already arrested when you received the DUI. When you are sentenced in court, request "Community Servicet". One weekend (Saturday & Sunday) & you're through. I'd ask to perform services at your local city/county owned golf course, if possible. That's the easiest way to do your time. The .16 is troubling, though. Get help.

[mikenshari]

garrula lingua,
I live in San Diego.

[garrula lingua]

I doubt if you'll get any more jail time; but you may get Caltrans or community service.