DUI + Open Container + Speeding

[md2150]

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

I made the most foolish decision of my life to speed and drink from an open container in my car in Mojave, CA on a desert highway. A CHP officer stopped me for speeding (87mph in a 65mph). I did the FSTs, but PAS was .10/.10, and later at the station I blew .09/.09.

I knew I had to get an attorney, so I have gotten one, but he really doesn't want to advise me on my "chances" as, being a good attorney, he's probably not supposed to (or allowed?) to do that. My attorney is a bit nervous of it being a more conservative county (Kern County) than Los Angeles County, but is glad my hearing for the DUI is in Mojave and not Bakersfield. He says he has connections with the people up there, if that matters.

Additionally, I plan to leave California forever on July 30th in order to attend graduate school on the East Coast. My attorney thought this might encourage them to drop/reduce charges since I'm leaving. (I guess a he's-not-our-problem effect?). Please don't berate me — just the arrest and jail made me realize how incredibly foolish I was and how stupid what I did was.

I just want to know if anyone has any idea if there is a good probability of getting the DUI charge reduced or dismissed and of me keeping my license from the DMV.

 

[HighwayMan]

...but PAS was .10/.10...

Maybe it's because I'm not from California, but what does this mean??

You have an attorney. He is handling your case. If you are not comfortable with him then get another one. It is your attorney you should be speaking to about this - that's what you pay him for!

 

[justalayman]

preliminary alcohol screening

I believe aka breathalyzer

and they do it twice hence the .10/.10

 

[sandyclaus]

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

I made the most foolish decision of my life to speed and drink from an open container in my car in Mojave, CA on a desert highway. A CHP officer stopped me for speeding (87mph in a 65mph). I did the FSTs, but PAS was .10/.10, and later at the station I blew .09/.09.

I knew I had to get an attorney, so I have gotten one, but he really doesn't want to advise me on my "chances" as, being a good attorney, he's probably not supposed to (or allowed?) to do that. My attorney is a bit nervous of it being a more conservative county (Kern County) than Los Angeles County, but is glad my hearing for the DUI is in Mojave and not Bakersfield. He says he has connections with the people up there, if that matters.

Additionally, I plan to leave California forever on July 30th in order to attend graduate school on the East Coast. My attorney thought this might encourage them to drop/reduce charges since I'm leaving. (I guess a he's-not-our-problem effect?). Please don't berate me — just the arrest and jail made me realize how incredibly foolish I was and how stupid what I did was.

I just want to know if anyone has any idea if there is a good probability of getting the DUI charge reduced or dismissed and of me keeping my license from the DMV.

One of the pertinent questions here will be - is this your first offense (for the DUI), or are you a repeat offender?

When someone is arrested for DUI in California, they are given a slip of paper outlining the charges. This slip also acts as a temporary license that expires ten calendar days from the date of the arrest. For driving under the influence, the DMV penalties are a 4 month suspension for the first offense, one year suspension for the second offense, three year revocation for a third offense, and a four year revocation for a fourth or subsequent offense.

Without probation, the penalties for a first conviction within ten years are:

96 hours to six months of jail time, fines of $390-$1,000, and a 6 month license suspension Probation is also an option in DUI cases, as long as the offender agrees to a substance abuse treatment program.

Bottom line, your license is being suspended. That suspension will definitely affect your ability to get a license wherever you plan to move for school as well.

 

[md2150]

Thanks all for your replies.
It's my first offense (first of any kind, traffic-related or otherwise).

I was just wondering if anyone had an idea on my chances of getting the charges reduced. I know the penalties are severe. :/