second DUI

[usps]

I drove my car over a center divider last night while I was under the influence and totalled my car. This is my second DUI offense in California. My first DUI offense was over ten years ago. I did not hit anybody or any other cars. ...And as far as I know I didn't hit anything else and I was not injured as far as I know.

I was truthful to the police when they showed up so they let me out today with a court date.

What is the likely hood that I'll have jail time ? I am wishing that they would just give me community service to serve plus fines.

 

[Isis1]

I drove my car over a center divider last night while I was under the influence and totalled my car. This is my second DUI offense in California. My first DUI offense was over ten years ago. I did not hit anybody or any other cars. ...And as far as I know I didn't hit anything else and I was not injured as far as I know.

I was truthful to the police when they showed up so they let me out today with a court date.

What is the likely hood that I'll have jail time ? I am wishing that they would just give me community service to serve plus fines.

if your first was over ten years ago, this one will be treated as if your first.

so, considering there was no bodily harm, but damages to the city (you hit the center divider) you may get a summary probation, community service, a fine, DUI classes, AA meetings, and that's pretty much about it. jail time, only if you fail to comply. they give you about a year to comply.

 

[usps]

Thank you for your response.

I just obtained the accident report. It looks like I hit a street sign which was located on the end of a center divider just before my car came to a stop. It was not a very big sign, I'd say the sign poll was 3x3 inches in length and width and probably had a "No U Turn" sign on the end of it. There were no other vehicles involved in the accident, only my car and no body was injured.

The collision was observed and reported by and anonymous person and the police were unable to contact him after the initial call.

Do you this will make your initial assessment any different ? I am greatful that I didn't hurt any body or hit any cars, but I would just like to know where I stand as much as possible.

thank you

 

[usps]

Is it a crime to refuse a breath test when arrested for DUI ?

I think I refused the breath test but I cannot remember if I accepted any other tests they asked me to do.

The accident report I obtained says I "refused to speak with officers", but the officer who let me out said I was "truthful" at the time of arrest so I am very confused ?

Also, I didn't mention that I was taking Antabuse at the time this accident occured, the medication that is suppose to make you sick when you drink, to help prevent you from drinking. I've been trying to quit drinking for a long time and the night I was arrested somehow I was able to keep drinking while on the meds, even after I saw the Dr a couple of weeks prior and she increased the dosage I was taking. It was difficult to drink while on the meds. I had to drink water a lot to help me avoid getting drowsy and sick. I don't think it was entirely the alcohol that made me crash, although I am not blaming the Antabuse, I do take responsibility for my actions.

Should I get myself a DUI lawyer ?

 

[HighwayMan]

Is it a crime to refuse a breath test when arrested for DUI ?

It is usually handled administratively by the state's motor vehicle agency and generally results in an automatic suspension of one's drivers license.

 

[CdwJava]

Yes, you should speak with an attorney.

Here are the likely penalties:

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: 6 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. Effective July 1, 2010, California promulgated a pilot program requiring mandatory installation ignition interlock devices for those arrested for drunk driving in Los Angeles, Tulare, Alameda and Sacramento Counties. The ignition interlock device will be installed for 5 to 12 months. If the pilot program is successful, the program may be expanded to the rest of the state.

Vehicle Impound: Court may order impoundment.

California DUI School: Mandatory alcohol education if under 21. Possible first offender school for 3-6 months (12-45 hours of alcohol education), 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.

 

[usps]

On my notice to appear in court, the charges listed are:

Vehicle Code 23152 (a) (b)


It doesn't say anything about refusing tests.

 

[CdwJava]

On my notice to appear in court, the charges listed are:

Vehicle Code 23152 (a) (b)


It doesn't say anything about refusing tests.

If you refused a mandated chemical test, then that info will be forwarded to the DMV. The DMV will then move to suspend your license via administrative process, not criminally. A refusal is not a criminal matter. Though you are fortunate that they did not seek to force blood from you after you refused as that would allow them to get their evidence, AND, you'd lose your license.

 

[usps]

I very much appreciate the help here. I am more stressed now than I have been in years. I am greatful that I didn't injur or kill anybody, but the thought of having to spend time in jail away from my 1 year 10 month old son kills me. I think he would be sad if he couldn't be around me, even if he was able to visit me with his mom. I have been taking Antabuse for a while now because my family means more to me than this stupid drinking habit I have. Antabuse does not work and it's sucks. I'm not blaming the meds for this inncident, but I belive it contributed about 90% to my accident. Not only was I able to continue drinking on the meds, after increasing the dosage with my Dr two weeks ago, but the drowsiness side effect of the med combined with the alcohol I believe is what caused me to loose control and wreck (yes I know I shouldn't have been driving in the first place). A week before this incident I spent the night in jail for public in toxication and I was taking Antabuse at the time; I don't even remember going to jail so I must have blacked out. They let me out without court or punishment.

I read on so many website including lawyer websites that it's a crime to refuse blood or breathe test, yet this forum seems to agree that it is NOT a crime. Do lawyers want to scare people into thinking they need representation in court so people will pay them money ?

What is it that a lawyer could do for me ? I think this medication I was taking is a technicallity they may be used in my favor. Perhaps the court will show mercy since I've been trying to quit drinking...No ?

 

[CdwJava]

In some states a refusal might be a crime, but CA is not one of them.

Unfortunately, since you refused a chemical test and no blood was taken, proving that you had anything else impairing in your system is slim. And, of course, you were impaired and you had been drinking.

An attorney can help you by evaluating the case against you and, if the case is strong, helping you get a preferential deal if it is possible.

 

[usps]

Could you look at this website really quick and tell me what you think. This lawyers' website says that there are criminal "enhancment" penalties for test refusal, indicating that is IS a crime for test refusal...Maybe I'm interpreting it wrong. The enhancment penalties do not seem like that big of a deal, nevertheless relevant. I could handle 48-96 hours in jail.


www.southern-california-dui-defense.com/chemical_test_refusals.html

Copy and paste the link into your browser. Leave out the: & on the ends of the link.

 

[DUIAttyPCho]

Hopefully this answer will clarify any questions you may have. As far as if this is a first time DUI or second time DUI, Isis1 is correct. This is a first time DUI since your prior DUI is over 10 years old. This makes your prior outside the priorability window, so it cannot be used against you for priorability purposes, although the prosecutor can take an old DUI into account when he reviews your case.

Regarding the refusal enhancement. A refusal is not treated as a separate crime in California as CdJawa said. But, it is an enhancement to a DUI that carries more penalties, one of which is a license suspension of one year by DMV. Another can be jail time, but realisitically, it is at the discretion of the prosecution and/or judge and is not mandatory. What is certain though is that you will be required to take a 9 month DUI class, which is the highest class you can receive for a first time DUI in California.

So don't sweat it so much. Jail time is highly doubtful. You are realistically looking at 36 months of probation, 390+PA [$1,800), 9 month DUI class, 5 months ignition interlock, no license for one year [no restriction for you either, due to the refusal]. Also AAs.

Now if you can get the refusal stricken by the prosecution, then you MAY be able to get some sort of restricted license with DMV and be able to get a regular license after you finish your classes. But that is at the discretion of DMV.

As an added bonus: I would advise that you stop drinking altogether. Go to AAs and kick the habit. It will only get you into trouble.

 

[usps]

Ok. I got the police reports from the DMV. They sent me a bunch of stuff after requesting a hearing with them. It sure looks like police reports because it shows ALL comments made by officers involved.

It looks like I DIT NOT refuse a chemical test. Initially I did, but when I got to the station they asked me if I wanted to take a breath or blood test. My response was, "Whatever is easier for you" The officer asked me again and I chose the breath test. I blew a .23 BAC.

Judging from the reports, it looks like I was cooperative for the most part, although in some cases it can be argued whether I was cooperative or not...It sounds more like I was just out of it, and didn't have my head screwed on... if you know what I mean. They let me out the next morning without bail; the booking offier told me I was "truthful" to them which is why they let me out. Judging from the reports and the officer telling me I was "truthful", it sounds like I could have that on my side in court, as far as respecting the law is concerned.

Bringing my .23 BAC into the equation, does this make it more likely to get jail time ? I was obviously over the legal limit, but does being far above the legal limit make the situation worse ?

With respect to my prior DUI, I complied with the court in all they told me to do without any problems.

 

[CdwJava]

Ok. I got the police reports from the DMV. They sent me a bunch of stuff after requesting a hearing with them. It sure looks like police reports because it shows ALL comments made by officers involved.

They should not be releasing the reports to you, but it might be. It SHOULD be the DS 367 and not the whole report, but sometimes the DMV hearing officers are a little TOO open.

It looks like I DIT NOT refuse a chemical test. Initially I did, but when I got to the station they asked me if I wanted to take a breath or blood test. My response was, "Whatever is easier for you" The officer asked me again and I chose the breath test. I blew a .23 BAC.

Ouch! A .23 is going to be bad for you. I sense a plea bargain in your future unless the officer mucked the detention and arrest up really bad.

Bringing my .23 BAC into the equation, does this make it more likely to get jail time ? I was obviously over the legal limit, but does being far above the legal limit make the situation worse ?

It will likely take the potential for a "wet" reckless plea deal off the table. It also allows the court to provide for enhanced penalties. What your court might do, I cannot say. Mine would pretty much guarantee you some jail time - at least weekends or work release.

 

[usps]

Weekends I could live with. But if they didn't give me that option, how much jail time would you think ? two weeks ? thirty days ? Or more

<very sad face>