What should I expect after being arrested for an under age dui arrest? 7 Answers as of August 04, 2011

I am 19 and got arrested for dui in California with a blood alcohol of .12. I went thru a red light and was stopped by an officer who originally was following me because my windows were too darkly tinted. I have never had any previous issues or arrests. I was released the next morning without bail. I live on my own, am currently unemployed, looking for a job and a college student from sept to june. What will happen to me when I go to court? Do I need an attorney or will a public defender be OK? My family does not live in Los Angeles. Will this DUI be on my permanent record and how much will I have to pay if any? Are classes an alternative to having a dui on my record or paying fines or fees?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You need to request a hearing with the DMV within 10 days of your arrest. That is the first and most urgent matter. As to the court case if you cannot hire an attorney you should request the public defender when you go to court. You might want also to get a free consult from a certified criminal specialist before then even if you really can't hire him for the case.
Answer Applies to: California
Replied: 7/21/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
You need an attorney to represent you because public defenders do not represent you at the DMV. You need to contact the DMV within 10 days of your arrest to request an APS hearing and put a stay on your license so your license is not automatically suspended. You should speak with a criminal defense attorney right away to discuss representation at the DMV and court to ensure that your license is not suspended unnecessarily. If you had a PAS (breath test) in the field there are many defenses to that test and officers need to be subpoenaed to get necessary evidence about the machine used and the way the tests were administered so that the test results get suppressed. This is crucial for your court case and the DMV. If your license get suspended it will be a one year suspension. The court will impose probation, fines, alcohol classes, MADD classes, and possibly an alcohol monitoring system in your car. Some counties will also require jail time which can be done as community service or cal trans.
Answer Applies to: California
Replied: 7/21/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Public Defenders cannot and will not be able to present you at the DMV Hearing, which is a separate and sometimes equally important proceeding. No you will not be able to do classes to avoid a DUI, which is a criminal record that will show in background checks. If you go to court by yourself, you basically have 2 choices: plead to the DUI or continue the case to get an attorney. I would contact a DUI specialist prior to the first arraignment.
Answer Applies to: California
Replied: 7/21/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The normal fines are around $1900. If there was no accident you could make do with the P.DThe biggest problem is a 1 year license suspension.
Answer Applies to: California
Replied: 7/21/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Expect criminal prosecution. The outcome of which depends upon the charges, evidence, police reports, testimony, priors history, etc. However, many DUIs are settled with plea bargains that avoid jail time, on first offenses. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. 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, or take it to trial if appropriate. Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include 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 DMV appeal 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 to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. If you end up with a conviction on your record, you can consider getting the conviction expunged in the future, which would help in obtaining and keeping employment. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.
    Answer Applies to: California
    Replied: 7/21/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Everyone who asks about DUI cases talk from the standpoint of an assumption that they will be convicted. Don't! Most stops based on tinted windows are illegal, if you have the right lawyer, and all of the evidence would go out. We are not a plea bargain mill; we fight things, and win.
    Answer Applies to: California
    Replied: 7/20/2011
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