If I was arrested for my first DUI in California am I going to jail? 15 Answers as of April 21, 2011

Am I going to jail? I have crushed discs in my neck, and have been on medication for it and taking somas. I hit a mailbox, and I passed the breath test. They made me take the blood test.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
There is a mandatory minimum 48 hour jail sentence on a first offense. Almost all court let a person do it in a sheriff's work program. If you have medical issues they usually let you do it in a program that doesn't requires physical exertion. As to your issue involving the legality of your having to take a second test, you should consult a lawyer after the police report becomes available.
Answer Applies to: California
Replied: 4/21/2011
Law Office of Thomas J. Ogas
Law Office of Thomas J. Ogas | Thomas Ogas
For your first DUI? Probably not. But it depends on which county your case is in. Most counties have alternate sentencing that avoids jail, but some don't. And if you also pass the blood test, you'd likely win your case so you wouldn't have to worry about jail at all.
Answer Applies to: California
Replied: 4/20/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
We can make sure you won't go to jail. Give us a call.
Answer Applies to: California
Replied: 4/20/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Since there was an accident, it is likely that the prosecutor will ask for some jail and/or Caltrans. But since you are very close to the limit, a good DUI specialist may be able to obtain some kind of reduction in the underlying charge, which would make the jail/Caltrans go away.
Answer Applies to: California
Replied: 4/20/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You should hire a criminal defense attorney who is willing to take a DUI to trial. You may have evidence suppression issues.
Answer Applies to: California
Replied: 4/20/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    A first misdemeanor DUI in California carries a maximum of 6 months in jail. Although most individuals do not receive any jail time under these circumstances, there are many factors that may lead to a jail sentence being imposed. You should consult with a lawyer who has extensive experience with DUI cases. Doing so will increase your chances of successfully fighting your case in court and with the DMV, and will also increase your chances of avoiding a jail sentence.
    Answer Applies to: California
    Replied: 4/20/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    A first time DUI is misdemeanor punishable by up to 6 months in the county jail. DUI cases are very fact specific. While it is unusual for someone to actually get sentenced to jail on a first time DUI, there is always the possibility depending on the facts of the case. As for passing the breath test, it doesn't appear alcohol was the issue, but rather, the Soma which is why the made you take a blood test. My suggestion is to immediately contact an experienced DUI lawyer to thoroughly evaluate your case and determine what is possible for you. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 4/20/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Most judges will not impose a jail sentence on a 1st offense DUI. In order to ensure that result you should hire a lawyer. He can talk to the judge and get a promise before pleading no contest. But there might be another issue. The D.A. may have a hard time proving a case if the breath test was low. I suspect that you were taking meds for the disc problem. If those meds were impairing your ability to drive you can be convicted of DUI ( not under the infl of alcohol, but Rx drugs ). For more info or to get a fee quote, call.
    Answer Applies to: California
    Replied: 4/20/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Just because an individual is arrested does not mean they will be going to jail. The burden to prove your guilt is still on the District Attorney. Even if someone is convicted of a crime does not necessarily mean they will do full time jail. There are many alternatives to jail. Work release, volunteer service, and home confinement are all alternatives to full time jail. Talk to an attorney.
    Answer Applies to: California
    Replied: 4/20/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    In San Diego, no. If you are convicted of a first DUI you will pay a fine of $1K and do a three-month class, some possible other consequences including restitution to the mailbox owner. Are you sure the charge is filed? If you "passed" the breath test it is possible your blood test was low enough that they may opt not to charge DUI.
    Answer Applies to: California
    Replied: 4/20/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    When and if charged with a felony because of property or personal injury damage involved, you potentially face one or more years in prison if convicted; if only charged with a misdemeanor, you potentially face up to 6-12 months in jail on each count. Youll know the actual charges filed when you appear for arraignment at your first court hearing. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, facts, evidence, documents, reports, testimony, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.

    Keep in mind a little FREE advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel, feel free to contact me.
    Answer Applies to: California
    Replied: 4/20/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    With a first DUI, it is quite possible that the judge will sentence you to 48 hours or more in jail. You need an attorney to possibly avoid this.
    Answer Applies to: California
    Replied: 4/20/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    Typically, no. There are exceptions depending on the location if the prosecuting agency. Also, jail offers are not unusual in cases involving accidents where someone is injured.
    Answer Applies to: California
    Replied: 4/20/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No. You will pay a large fine (+ or - $1800)and go to DUI school, another large expense. You don't need a lawyer. The notion behind these fines and costs is do not drink and drive or be otherwise impaired while driving.
    Answer Applies to: California
    Replied: 4/20/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    You will not likely go to jail if it is a first time DUI.
    Answer Applies to: California
    Replied: 4/20/2011
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