What are the penalties for a misdemeanor DUI and also being an Illegal Immigrant? 11 Answers as of February 29, 2012

I was arrested and charged with a misdemeanor DUI and driving without a license in California. I am also not a U.S citizen, what can I expect at my court date?

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You would do better to call a competent and experienced attorney out of the phone book and receive a free telephonic consultation. There is quite a bit to tell regarding a DUI, and regarding immigration consequences.
Answer Applies to: California
Replied: 1/10/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You are very lucky that when you were arrested you were not detained on an immigration hold. Any subsequent incarceration on this case could still expose you to this possibility. Do not plead guilty without an attorney who can advise you what kind of dispositions of your case can avoid such a problem. Otherwise when you appear no one will inquire on this subject. The normal sentence for a first DUI offender may not apply to your situation so I will not answer that part of your question here.
Answer Applies to: California
Replied: 1/8/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Misdemeanors, like DUI, carry up to a year in jail, plus fines and other penalties. Illegal Immigrants face deportation upon arrest and/or conviction.
Answer Applies to: California
Replied: 1/7/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
This depends on your previous record.

Should you have any questions or concerns, feel free to contact my office.
Answer Applies to: California
Replied: 1/7/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
You will be looking at a 23152(a), 23152(b), 12500(a). There is always a chance of deportation but a single DUI is not a crime of moral turpitude and your chances of being deported are very low. You should consult with an attorney. You will not want to plead guilty until an attorney reviews your case. Your first court date is your arraignment. That is where you enter a plea of guilty/not guilty and are informed of the charges. If you cannot afford an attorney you would request the services of the public defender.
Answer Applies to: California
Replied: 1/6/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    I would recommend discussing this matter in more specific details than a general email as this because you also need to consider potential immigration consequences. I handle these as matters and would be happy to discuss this in further detail with you. Call me if you would like.
    Answer Applies to: California
    Replied: 1/6/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It depends on your Blood alcohol level. The penalties can be more severe with a high BAC. Because you are not a US citizen it would really be best if you hired your own attorney given the additional complications.
    Answer Applies to: California
    Replied: 2/29/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you just go to court by yourself and plead guilty, you're looking at 3-5 years of probation, a criminal record, possible (but unlikely) deportation, a fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), up to 6 months in jail, and attendance in a 3, 6, or 9 month alcohol program. As a result of the court conviction, the DMV will suspend your license for 6 or 10 months, depending on the alcohol program ordered, but a restricted license may be requested. Additionally, you will receive 2 points on your driving record. Consider hiring a DUI specialist, who may be able to minimize some or all of these consequences.
    Answer Applies to: California
    Replied: 1/6/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    A first misdemeanor DUI does not generally carry a harsh punishment. Informal probation, fines, a drunk driving class, and perhaps a small amount of jail. If jail is required in your case, take advantage of any equivalent substitute, like the sheriff's work alternative program. If you're undocumented, try to avoid custody.
    Answer Applies to: California
    Replied: 1/6/2011
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