What is the probable punishment in California for excessive DUI BAC greater than .25 first offender? 9 Answers as of March 07, 2011

First offense DUI, no injuries or property damage. BAC over .25. Booked early morning, released later that day. What is the likely punishment? Fines, jail, AA, DUI school?

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
The fact of the high BAC might cause some Judges to demand more jail time (which can almost always be served in a Work Release Program or on Home Detention), will cause you to have to complete the 9-month Drinking Driver Program, instead of the 16-week class, and in some jurisdictions might cause you to have to install an Ignition Interlock Device or a . Usually however, a first-time DUI indicated sentence from the Court will be a fine of about $1,600, plus assorted other fines and fees, plus a booking fee of about $414 dollars, summary (informal) probation for three years, the Drinking Driving class, mandatory testing upon request if stopped by law enforcement (we have Implied Consent in California, anyway), and that you not drive without a valid license, insurance and registration. Consult an experienced DUI Attorney in your area.
Answer Applies to: California
Replied: 3/7/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Depends on the county and the judge. Could be anywhere from 5 to 20 days in the weekend work program administered by the local sheriff in lieu of real jail, along with a fine of about $2000, and the long 6 month version of the first offender program.
Answer Applies to: California
Replied: 3/6/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
It greatly depends on the court.
Answer Applies to: California
Replied: 3/6/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
What Court is this in? Also, you alluded that there was no property damage, was there any kind of accident? For a first offense DUI, Particularly with a high BAC, you can be looking at everything you listed (heavy fines, DUI School, other alcohol programs, potential jail). You should speak to an attorney in more detail about your case. If you are in the Southern California area, feel free to call me at 818-336-1384 or through my website www.1DUILawyer.com . If you are in different area of the country, you should speak to an attorney that practices in the jurisdiction of your case, that may be more familiar with those Courts. Even though your BAC may be high on the printout, it potentially can be challenged, and there may be other weaknesses in the prosecutions case that can help in your defense.
Answer Applies to: California
Replied: 3/6/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Likely? That depends upon the attitude of the DA and judge that day in court. With that excessive BA, you face mandatory enhanced penalties, including potential jail to teach you a lesson, in addition to all the normal penalties of fines, alcohol programs, license suspension, etc. 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 dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 3/6/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you just go to court and plead guilty, expect a 9 month alcohol program, 3 years probation, fines and fees of about $1800, a 10 month license suspension, possibly 10 days jail or caltrans, 2 points on your driving record, and maybe a MADD or a HAM program.

    Consider hiring a DUI specialist to help you. I have had clients with higher BAC than you who got dismissals. Certain issues (ie. probable cause for stop) aren't related to the actual DUI, and may end up convincing the prosecutor to reduce or dismiss the DUI. You need to explore all options, and the only way to do that is with a lawyer.
    Answer Applies to: California
    Replied: 3/6/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    3 years court probation, $2000, 9 month DUI program and 10 or 12 days weekend work program. However there are a few judges that will order jail. Might be a good idea to retain counsel
    Answer Applies to: California
    Replied: 3/6/2011
    Law Offices of Michael Stephenson
    Law Offices of Michael Stephenson | Michael Stephenson
    The penalties for a first time DUI are set forth below. However the offender may also be charged with reckless driving (in the discretion of the prosecutor). 3 to 5 years of Court Probation A fine, including court fees and costs of $1400 to $1800 6 month loss of California Driver License DUI (Driving Under the Influence) School Mandatory Jail Time
    Answer Applies to: California
    Replied: 3/6/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    This is an enhanced DUI; greater than .15 bac. Most likely level 2 alcohol school; maybe additional jail time. Possibly AA meetings too.
    Answer Applies to: California
    Replied: 3/6/2011
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