What are the consequences if my son got arrested for a DUI and driving without a license? 7 Answers as of February 24, 2012

He was was stopped for not having his headlights on and subsequently arrested for DUI and driving without a license. He had a .09. He has never been in trouble before and has never had a state side license. We just came back from living overseas.

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Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
Even though he doesn't have a license, he still should request a DMV hearing within 10 days of his arrest to challenge his license suspension. I would hire an attorney to represent him both in criminal court and before DMV.
Answer Applies to: California
Replied: 4/13/2011
The Law Offices of Victor J Mazzaraco
The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
Not having headlights on is the E#1 trait of an impaired driver, and gives police every reason and right to stop the driver. So any motions to suppress evidence will not be successful. How old is your son? Did he have a valid license while living overseas? There may be some type of mutuality or reciprocity, or at least having had a valid license will make driving w/o one here a little better. The problem is if under 21 there is a lower BAC (blood alcohol content) allowed than the .08% for adults.
Answer Applies to: California
Replied: 4/13/2011
Law Office of Michael Bialys THE DUI MAN
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
How old is he? His age can affect the outcome.
Answer Applies to: California
Replied: 2/24/2012
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
In San Diego, a first DUI carries a $1K fine and three month class. A good attorney can probably get the no license charge set aside. I am assuming he is over 21 - there are more consequences if he is not. You should speak to an attorney to see if he has any defenses.
Answer Applies to: California
Replied: 4/12/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
He should be fine, and he has a strong case. Give us a call if we can help.
Answer Applies to: California
Replied: 4/12/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If he pleads guilty to the DUI, he is looking at a 3 month alcohol class, 3 years of probation, installation of IID, 2 points on his driving record, a misdemeanor criminal record, and about $1800 in fines and fees (not including the classes, IID, and increase in insurance premium).

    Consider hiring a DUI specialist for him. He has a borderline case, and a reduction in charge is a definite possibility. Remember that DMV will also prosecute him separately, so you need a lawyer who will handle both the court case and the DMV case.
    Answer Applies to: California
    Replied: 4/12/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    When charged with any misdemeanor, like DUI, you potentially face up to 6-12 months in jail.

    However, the reality is that effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, and the fact it is a first offense, would likely keep you out of jail. If you don't know how to deal with these things effectively in court, then hire an attorney that does, who will try to get a dismissal, 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: 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: 4/12/2011
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