How long will my brother be on probation if he got a DUI while visiting in California? 10 Answers as of June 07, 2011

My brother got his first DUI three months ago while he was visiting his friends. How long will his probation be, and will he be able to drive?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Minimum probation for a DUI is 3 years. He will lose his driving privilege in CA and his home state unless he obtains a waiver from the state of Ca. You should have an attorney look into this for him.
Answer Applies to: California
Replied: 6/7/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
He will be sentenced to three years of summary probation. Whether he will be able to drive Depends On the DMV that issued the license.
Answer Applies to: California
Replied: 3/16/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Depending on the county [judges differ], 3 to 5 years for probation. Whether or not he can drive in home state depends on laws in that state.
Answer Applies to: California
Replied: 3/11/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
His probation will be 3 years. He won't be able to drive in California for 4 months. It is not certain that your state will mirror that suspension. The Cal. DMV will send out an affidavit of nonresidency in 6 months to the address he gave the police. He should be sure to sign it and send it back. That will restore his privilege to drive in Cal.
Answer Applies to: California
Replied: 3/10/2011
The Law Offices of Victor J Mazzaraco
The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
The sentencing is 3 years probation. Though you could be driving again in around 6 months or less.
Answer Applies to: California
Replied: 3/10/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Generally probation for a DUI is 3 years but it is usually NOT formal probation. You do not need to report to a probation officer monthly. You are on what is called court probation - so long as you do not do anything to violate the terms you are fine.
    Answer Applies to: California
    Replied: 3/10/2011
    Law Offices of Michael Stephenson
    Law Offices of Michael Stephenson | Michael Stephenson
    Typically, a first time DUI results in 3 to 5 years of probation. However, there is no probation officer to report to, but he must engage in absolutely no drinking and driving during that time period.
    Answer Applies to: California
    Replied: 3/10/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    That depends. If he was convicted already, he should already know what the probation period is. The probation time length for a first offense 23152 DUI is 3-5 years. If convicted, 6 month drivers license suspension in California for a first offense DUI (which would likely be transferred to the state of his license). In CA, a first time offender can get a work restricted license after 1 month (to drive for work, and alcohol classes. Also, depending on the jurisdiction he received the DUI, he may have to get an interlock device if convicted (5 months). Have your brother contact a DUI attorney in the area of his charge. If it's in southern California, he can call me or contact me through my website.
    Answer Applies to: California
    Replied: 3/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Upon plea bargaining, typically at least three years. Upon sentencing if convicted at trial, no way of guessing.
    Answer Applies to: California
    Replied: 3/10/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Three to five years for probation (informal.) His privilege to drive in CA will be suspended six months but if he has an out of state license that may not be affected depending on the state.
    Answer Applies to: California
    Replied: 3/9/2011
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