I was arrested for a suspicion of dui on the 7th of this month. Not sure if it matters or will help with my case since my blood levels were so high, but I wasn't technically pulled over by the police. I was already stuck in some dirt before they showed up. Nobody was hit, I hadn't crashed into anything. Just stuck. After being arrested I was taken to the CHP station to take a breathalyzer test. I guess they had faulty equipment as it didn't work after 3 tries so the officer said we couldn't try it anymore and had to go get my blood drawn at the hospital. Is it possible my levels were still rising in this time period? Just want to add that the girl drawing my blood had some serious hiccups (literally) and drew my blood twice because she screwed something up with my first sample. Strange experience. I'm still expecting the worst and assuming these details aren't going to matter and they're going to look strictly at my blood results. Afterwards I was taken to county all night and released in the morning. I just don't understand how I can remember the night if my levels were so high... Anyways, I have a court date October 5th. I've been told they might hit me with a felony dui which will have a major impact on me for the rest of my life. Is it possible this could just be a misdemeanor DUI. I literally have nothing on my record until now and I'm really hoping that will be of some help. This is in California. Thanks for reading
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Charges for first time DUI with .312 BAC
- Thread starter Schatzkie
- Start date
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adjusterjack
Senior Member
What’s the minimum and maximum penalties for a first DUI conviction?
Assuming there is no bodily injury or death resulting from the DUI, the minimum terms for a misdemeanor first conviction are as follows:
•$390 fine plus over $1,000 in ordinary penalty assessments, plus additional DUI-only assessments for a total of approxi*mately $1,800.
•48-hour jail sentence or a 90-day license restriction allowing you to drive to and from your work—and for work—if required, and to and from an alcohol treatment program. If the 90-day restriction is imposed, it begins after your DMV four-month suspension or 30-day suspension followed by a five-month restriction.
•Attendance and completion of a $500, three-month alcohol-treatment program (nine months if your blood alcohol level was 0.20% or higher. Completing the program is a requirement for ever being able to drive again following a “per-se” DMV license suspension and for minimizing that suspension to 30 days (plus five or eight months of restricted driving) instead of the six- or ten-month flat suspension that would otherwise be imposed.
•Loss of your driver’s license for at least 30 days, followed by either a five-month restriction to drive to, from, and for work and to and from an alcohol treatment program, or an additional two-month restriction that allows you to drive only to and from the program.
The maximum penalties for a misdemeanor first DUI conviction in California is a $1,000 fine plus over $2,600 in penalty *assessments, six months’ imprisonment in the county jail, a six-month license suspension ; ten months for blood alcohol level of 0.15% or more, having your vehicle “impounded” (stored at your expense) for 30 days, and being required to attach an “interlock” breath device to your vehicle that will not allow the car to start if there is any alcohol on your breath. This will cost you about $800.
What type of probation is required of a first offender?
Almost all first-time offenders are placed on probation for three to five years. If you violate any of the terms of your probation, you can face a nonjury hearing where additional penalties can be applied. The standard conditions of probation include: (1) not driving with any measurable amount of alcohol in your system, (2) submitting to a blood or roadside breathalyzer (PAS) test upon the request of a police officer and (3) refraining from further violations of the law (no further misdemeanors -- ordinary traffic infractions don’t count).
While all that is happening, your insurance will get cancelled and you'll end up in the high risk category paying two or three times what you are paying now.
If you expect to mitigate any of this, I suggest you hire yourself an experienced DUI lawyer.
This debacle could cost you $10,000 (and maybe some jail time) by the time it's over.
Oh, and get some treatment for your alcoholism. I'm sure that this isn't the first time you boozed it up and got behind the wheel.
Assuming there is no bodily injury or death resulting from the DUI, the minimum terms for a misdemeanor first conviction are as follows:
•$390 fine plus over $1,000 in ordinary penalty assessments, plus additional DUI-only assessments for a total of approxi*mately $1,800.
•48-hour jail sentence or a 90-day license restriction allowing you to drive to and from your work—and for work—if required, and to and from an alcohol treatment program. If the 90-day restriction is imposed, it begins after your DMV four-month suspension or 30-day suspension followed by a five-month restriction.
•Attendance and completion of a $500, three-month alcohol-treatment program (nine months if your blood alcohol level was 0.20% or higher. Completing the program is a requirement for ever being able to drive again following a “per-se” DMV license suspension and for minimizing that suspension to 30 days (plus five or eight months of restricted driving) instead of the six- or ten-month flat suspension that would otherwise be imposed.
•Loss of your driver’s license for at least 30 days, followed by either a five-month restriction to drive to, from, and for work and to and from an alcohol treatment program, or an additional two-month restriction that allows you to drive only to and from the program.
The maximum penalties for a misdemeanor first DUI conviction in California is a $1,000 fine plus over $2,600 in penalty *assessments, six months’ imprisonment in the county jail, a six-month license suspension ; ten months for blood alcohol level of 0.15% or more, having your vehicle “impounded” (stored at your expense) for 30 days, and being required to attach an “interlock” breath device to your vehicle that will not allow the car to start if there is any alcohol on your breath. This will cost you about $800.
What type of probation is required of a first offender?
Almost all first-time offenders are placed on probation for three to five years. If you violate any of the terms of your probation, you can face a nonjury hearing where additional penalties can be applied. The standard conditions of probation include: (1) not driving with any measurable amount of alcohol in your system, (2) submitting to a blood or roadside breathalyzer (PAS) test upon the request of a police officer and (3) refraining from further violations of the law (no further misdemeanors -- ordinary traffic infractions don’t count).
While all that is happening, your insurance will get cancelled and you'll end up in the high risk category paying two or three times what you are paying now.
If you expect to mitigate any of this, I suggest you hire yourself an experienced DUI lawyer.
This debacle could cost you $10,000 (and maybe some jail time) by the time it's over.
Oh, and get some treatment for your alcoholism. I'm sure that this isn't the first time you boozed it up and got behind the wheel.
Just Blue
Senior Member
.312 wow. I just want to say congrats on being alive. You are very lucky you didn't kill yourself. You really need to make friends with Bill W.
quincy
Senior Member
I agree with Blue that you are lucky to have survived with a BAC that high.
Your best hope of having the charge against you reduced (or dismissed) is to have an experienced DUI attorney working for you. The attorney will investigate the circumstances surrounding your arrest, will look carefully at the blood draws, and will work with the prosecutor to see what can be bargained.
Being stuck in mud instead of being pulled over does not help you.
Even a misdemeanor DUI on your record impacts your future.
Good luck.
Your best hope of having the charge against you reduced (or dismissed) is to have an experienced DUI attorney working for you. The attorney will investigate the circumstances surrounding your arrest, will look carefully at the blood draws, and will work with the prosecutor to see what can be bargained.
Being stuck in mud instead of being pulled over does not help you.
Even a misdemeanor DUI on your record impacts your future.
Good luck.
CdwJava
Senior Member
More than likely they couldn't get two readings, NOT because the machine was faulty, but that you were unable (or unwilling) to provide two consistent samples within .02 BAC of each other. The second blood sample could have been for most any reason. It may be that they could not draw enough blood with the first try and had to try another vein. Who knows?
Keep in mind that while you might argue rising BAC, the state can equally argue diminishing BAC. In general, a BAC received within 3 hours of a stop is considered valid. No matter the level, you were clearly well over the per se limit and into the aggravated DUI level. This is NOT a felony, but it is a serious enough misdemeanor. However, if you have sufficient priors or someone other than yourself was injured, then it may be a felony.
FlyingRon
Senior Member
How you can remember or even were able to survive that night is called "tolerance."
Note that a high BAC isn't the only way a DUI conviction can ge sustained. A BAC over the legal limit is just per se indication of intoxication.
You need an attorney. Since you were obviously impaired, you need someone who can impassionately look at the actual evidence the state has against you.
We're not going to be able to guess at it.
One thing I will suggest is that it appears you have the classic psychological definition of a substance abuse problem. I'd recommend you get professional help (and not just drop into an AA meeting).
Note that a high BAC isn't the only way a DUI conviction can ge sustained. A BAC over the legal limit is just per se indication of intoxication.
You need an attorney. Since you were obviously impaired, you need someone who can impassionately look at the actual evidence the state has against you.
We're not going to be able to guess at it.
One thing I will suggest is that it appears you have the classic psychological definition of a substance abuse problem. I'd recommend you get professional help (and not just drop into an AA meeting).
quincy
Senior Member
You are smart to start getting help for your alcohol abuse before you are ordered to do so by the court. It shows the court you are taking your offense seriously. You are also smart to get an experienced DUI attorney.
Good luck.
Taxing Matters
Overtaxed Member
I’m going to guess that you meant someone who can dispassionately or objectively review the evidence. The word impassioned means “filled with passion or zeal : showing great warmth or intensity of feeling”. Webster’s Online Dictionary. That’s not what you want a lawyer to do when reviewing the evidence and assessing your case A good lawyer will objectively look at the evidence and advise you based on a realistic assessment of how you would fare in court. You do want a lawyer who will zealously represent you, however.
Just Blue
Senior Member
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quincy
Senior Member
You want an attorney who will review the evidence objectively and dispassionately but you often want an attorney who will impassionately plead your case.
The examples given by Mirriam-Webster for impassioned include, "Her lawyer made an impassioned argument" and, "an impassioned plea for justice."
A good attorney is both dispassionate and impassioned, as the need dictates.
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