What should my son do for a DUI? How? 10 Answers as of September 21, 2015

My son blew a .09 for the BAC. The cops searched his car and he waited a long time before they gave him the test. What fines are involved? He is 22. This is his first run in.

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Universal Law Group, Inc. | Francis John Cowhig
In California, on a 1st time DUI, you are usually looking at a 4 to 6 months license suspension, but you may be eligible for a restricted license (to and from school and/or work). If your blood alcohol level is above .20 then there is a 10 month restriction, as well as other enhancements for excessive alcohol. Fines from $390 to $1,000 plus penalty assessments and court costs which beings to the total to about $2,000.00. Your car may be impounded for up to 6 months. Up to 3 year optional ignition interlock device installed on your car. 96 hours to 6 months jail sentence, at least 48 hours of which must be continuance. If you have had a prior DUI within the preceding 10 years, it could be charged as felony with between 1 year and 3 year jail sentence. Depending on the County where the arrest occurred, generally a 1st time DUI offender, with a good attorney, will do little, if any, jail time. However, the defendant will need to jump through some hoops and will be on informal probation from 3 to 5 years. The courts usually order that the defendant pay a fine and penalty assessments which amounts to approximately $1,800.00 plus various other court costs and fees, and either community service or community labor. In addition the defendant must enroll and complete a DUI program. Some courts also require that the defendant participate in a HAM (Hospital and Morgue) Program, MADD (Mothers Against Drunk Driving) Program and have their license suspended. Some courts also require an interlocking device be placed on the Defendant's car, although they can, and sometimes do, defer this to DMV. The best thing you can do is hire the best criminal defense/DUI attorney you can afford.
Answer Applies to: California
Replied: 9/21/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
He needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license.
Answer Applies to: California
Replied: 9/14/2015
Anderson Law Office
Anderson Law Office | Scott L. Anderson
In MN he will be charged with a 4th Degree DUI which is punishable by a maximum of 90 days in jail and/or a $1000 fine. He should seek representation asap to examine his rights and potential defenses.
Answer Applies to: Minnesota
Replied: 9/14/2015
The Law Offices of Harold L. Wallin | Harold L. Wallin
This is not a fine-only offense. It is a criminal offense. He needs to retain an attorney to represent him in court.
Answer Applies to: Illinois
Replied: 9/14/2015
Connell-Savela | Jason Savela
These cases can be fought. Get the discovery. Request a DMV hearing within 7 days. Get a lawyer I have practiced DUI law for over 17 years.
Answer Applies to: Colorado
Replied: 9/14/2015
    S. Joseph Schramm | Joseph Schramm
    If this is his first charge under DUI and his BAC was .09% he would be looking at receiving an ungraded misdemeanor, up to 6 months probation, a $300 fine, alcohol highway safety school and treatment when ordered. He might also qualify for the Accelerated Rehabilitative Disposition (A.R.D.) program which would ultimately dismiss his charges if he complied with the probationary period, paid the fine and attended the alcohol highway safety school. Successful completion of the A.R.D. program would also qualify him for automatic expungement of his arrest record for DUI after 10 years, provided he receives no other DUI charges.
    Answer Applies to: Pennsylvania
    Replied: 9/14/2015
    Chambers Law Firm
    Chambers Law Firm | Dan E. Chambers
    He should hire an attorney. He may have a good defense to the charges. If convicted, the fines will be about $2200.
    Answer Applies to: California
    Replied: 9/14/2015
    Ty Wilson Law | Ty Wilson
    He should reach out to a DUI attorney. There are several factors that can raise a BAC and he is so close to the limits this should be investigated further. Good luck.
    Answer Applies to: Georgia
    Replied: 9/14/2015
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    He should fight it. If he does it will get reduced. The more it gets reduced the lower the fines. There will also be an alcohol class.
    Answer Applies to: California
    Replied: 9/14/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would suggest that you advance in the funds to engage an attorney to defend him. It appears that he might have some defenses.
    Answer Applies to: Michigan
    Replied: 9/14/2015
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