California DUI Charge

[thomas997]

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

Hi,

I was arrested and charged with DUI on 11-1-08. I was never told what the BAC% was, and it is not on any of the police department documents that were given to me upon release. I have a court appearance next week and it doesn't appear to be enough time to get a report of the charges against me from the arresting agency? Am I correct in saying this, if not, how can I get my own arrest information? I really want to know my BAC level.

In any case, I go to court next week and was wondering what a lawyer could do for me to prevent me from losing my license for 4 months? I need my license to commute to work and also to attend Graduate school which is 40 miles form work and my home. I expect to go on a Business trip within the next 3 months, and it will require a rental car. I'm in a really bad situation and do not want my work colleagues nor management to know what happened, for the sake of keeping my Career alive at one of the biggest companies in the government sector.

I have been thinking a lot over the last few days of if I should represent myself or is it worth the money to have an attorney. My basic plan, if I were to represent myself in court, would be to show the need for a restricted driver's license to allow travel to both work and school (proof of employment and enrollment). Does anyone here with a legal background (or someone with personal experience) have any ideas of what I can pitch to the court to avoid license suspension? Are there court-appointed programs that I can enroll in that could count as restitution and would allow me to drive? Probationary period, fines, what? I need more information in the case that I represent myself, otherwise I would have to get a lawyer. I'm fairly intelligent, articulate and am capable of representing myself, but need to correct pieces of information to do so. Please help me?

What kind of fine am I looking at for this first time and last time offense?

Being in jail with all those "criminals" really opened my eyes. I am not like them, and it has humbled me.

Please advise, thanks.

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

 

[CdwJava]

I was arrested and charged with DUI on 11-1-08. I was never told what the BAC% was, and it is not on any of the police department documents that were given to me upon release.

They do not have to tell you. After you were arrested, did you choose a blood or breath test? if blood, then it will be a while before they know.

Were you charged with a violation of CVC 23152(b)? If so, then that means they believe your BAC is .08 or higher ... if charged with only CVC 23152(a), then you were impaired but they had no evidence of being .08 or higher at the time (that could change if they took blood and it comes back with a BAC of .08 or better).

I have a court appearance next week and it doesn't appear to be enough time to get a report of the charges against me from the arresting agency? Am I correct in saying this, if not, how can I get my own arrest information? I really want to know my BAC level.

The first hearing should be the arraignment. This is where you issue a plea and the court appoints counsel if you cannot afford one for yourself. You can ASK the police for a copy of the police report, but they are not likely to provide it to you - only to your attorney and from the DA via the discovery process.

In any case, I go to court next week and was wondering what a lawyer could do for me to prevent me from losing my license for 4 months?

Were you given an Admin per Se document? A piece of paper with "DS 367" at the bottom that essentially states it is your temporary license? if so, then you have ten days from the date of the arrest to file for a hearing with the DMV or you will automatically lose your license after 30 days from the issuance of the document. If no such paper was issued, then they do not believe your BAC was .08 or higher and your license should only suffer a penalty only if convicted. The lawyer might be able to help you in this area, but if convicted, you will likely lose your license. You might be able to obtain a restricted license, but that will depend on the judge and the DMV.

I have been thinking a lot over the last few days of if I should represent myself or is it worth the money to have an attorney.

Do NOT represent yourself unless you want to lose.

What kind of fine am I looking at for this first time and last time offense?

From elsewhere on this site:

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: 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.​

- Carl

 

[Isis1]

this is based on my experience.

i pled no contest. i was drunk, i'm not going to fight on a stupid technicality. i was the one that screwed up. i also had a really awesome DA handling the issue. as far as i am concerned, i might as well have gotten away with it. drunk driving laws are WAY too lax.

3 years probation, restricted driving license for 4 months, a certain amount of CalTrans, community service a fine of some $1500.00 or 12 days of jail time. I ended up taking the jail time, they did a lindsey lohan on me and i was out in 24 hours. didn't i say the system was lax with stupid people? no attorney. why waste the money to have someone get me the same outcome anyway?

i never advise first offenders to get an attorney. unless there was damage to another vehicle or someone was killed. waste of money.

if you chose to contest the issue, get an attorney.

 

[thomas997]

Thank you both for the advice. I have hired a set of attorneys for this case. I met with the attorneys today for 2 hours to explain what exactly had happened, and they were able to find problems with the way I was arrested and the circumstances behind my arrest. I was a victim of a sting. Several people that I was detained with were caught at the same location on the freeway by the same two CHPs, each of them being pulled over and taken to the same jail. Also, there were about 10 people detained that were arrested for being intoxicated in public. These people were merely having fun at a bar, and then exited, and got arrested in the same city. All together, I was in a detaining cell with about 30 people, all of them were DUI or walking intoxicated.

This really sucks. Come on, its so obvious. It was Halloween night, friday, which led to the first day of November, which is revenue/quota months for police/cities. I am going to subpoena the officers, at a minimum. This is BS, and I am not going to put up with it. FOX news should do a story on stings/contests that local PDs have for the most arrests.

I learned my lesson. I am taking AA classes now. Its time to clean up for good.

 

[CdwJava]

I met with the attorneys today for 2 hours to explain what exactly had happened, and they were able to find problems with the way I was arrested and the circumstances behind my arrest.

That may just mean they can get a deal, not that they have a good defense. Even expert DUI attorneys generally plead out. But, if the cops screwed up, then they screwed up.

I was a victim of a sting.

No, you were caught up in a sweep or extra enforcement detail, not "a sting".

Several people that I was detained with were caught at the same location on the freeway by the same two CHPs, each of them being pulled over and taken to the same jail. Also, there were about 10 people detained that were arrested for being intoxicated in public.

On Halloween - and on other heavy drinking holidays - the police beef up. My department had a number of added officers out AND added DUI patrols. That's what happens on Halloween - especially when it falls on a Friday!

These people were merely having fun at a bar, and then exited, and got arrested in the same city.

You forgot to add that they were (arguably) intoxicated or impaired. They were not arrested and charged with having unlawful fun.

This really sucks. Come on, its so obvious. It was Halloween night, friday, which led to the first day of November, which is revenue/quota months for police/cities.

I must have missed that in my budget classes ... what are you talking about? I wish I knew what a "revenue/quota" month was, I'd be sure to do something to raise some revenue for my cash strapped agency.

First off, quotas are illegal in CA. Second, local law enforcement tends to lose a lot of money in DUI enforcement. If they are operating on a DUI enforcement grant, they get the wages of the officers paid for the night for the patrol, but they do NOT get the costs of booking fees or chemical testing paid back, or the overtime for court reimbursed.

I am going to subpoena the officers, at a minimum.

No problem - they will probably be at court anyway. You can subpoena any officer that was involved in your arrest if you wish.

This is BS, and I am not going to put up with it. FOX news should do a story on stings/contests that local PDs have for the most arrests.

They do. Our local news stations had a number of stories about the local DUI enforcement ... including stories leading up to it warning the public that there WOULD be stepped up enforcement. I would venture to guess there was similar coverage in your area as well.

I learned my lesson. I am taking AA classes now. Its time to clean up for good.

Congratulations! I hope you're serious about it. I've been serious for 18 years and 4 months.

- Carl