What type of sentencing is there for someone arrested for a DUI and driving with a suspended license? 10 Answers as of April 11, 2011

My stepdaughter got arrested for a DUI and driving with a suspended license. What may happen when she goes to court? And how soon after the incident is the court hearing?

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
In San Diego, a first time DUI only carries a $1K fine and the three-month first conviction program. The suspended license charge will probably not figure in much in the penalty. The first court appearance is generally about a month after the arrest. You should speak to an attorney to see if she has any valid defenses and to deal with the DMV to save her license.
Answer Applies to: California
Replied: 4/11/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
When charged with a misdemeanor, you face up to 6-12 months in jail on each count. She has two. If you have priors, they are penalty enhancements under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well. Multiple counts and charges just make your situation worse, of course. For a first DUI, if handled right, a reasonable expectation is she faces substantial fines, programs, AA, probation, etc.

What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me.

Keep in mind: When you are arrested for DUI, whether alcohol or drugs, 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 the automatic one-year suspension of your license imposed by DMV upon arrest for DUI, which 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 your 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: 4/8/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
You failed to state why the license was suspended. That may be able to be rectified. Regardless, your stepdaughter needs an attorney. Get one immediately. You only have 10 days from the arrest to notify and request a hearing from the DMV. Get an attorney.
Answer Applies to: California
Replied: 4/7/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
There are several factors that will come into play. First - is she guilty? By that, I mean can they prove the charges against her beyond a reasonable doubt? Was the initial police contact lawful? Next, what is her record? Any prior DUI convictions? Why is her license suspended? Does she have prior convictions for that? Can she get it reinstated? What was her blood alcohol? Was there an accident? there are just too many variables. She needs to consult with a criminal defense attorney to discuss this in detail. She also only has 10 days from her arrest to request a hearing with the DMV to challenge the suspension of her license.
Answer Applies to: California
Replied: 4/7/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
That depends on many different factors. Is this a 2nd or 3rd offense DUI? Is the suspension based on a past DUI conviction, or something else? Was she on probation when arrested for this DUI?Was there an accident involved, and if so, was anyone injured? What were her blood or breath test results, or did she refuse to submit to a test? Contact me through www.1DUILawyer.com to discuss this further. Once I have more information, I will be able to answer your questions with more specificity. As far as the court hearing, the arraignment date should be listed on the citation she received. Also, it is important to request a DMV hearing within 10 days of the arrest in order to protect her drivers license. I can assist with that as well. Whatever she does, I would recommend to speak to a DUI attorney in person to answer some of these questions and potentially advise on the case.
Answer Applies to: California
Replied: 4/7/2011
    Mandarano, Cavaletto & Associates
    Mandarano, Cavaletto & Associates | Christopher Mandarano
    The answer to your question depends on a great deal of variables. For example, was this her first DUI? Were there injuries? What type of test was used to measure her Blood Alcohol Level and what were the results? Any of these factors and many more may bear in the sentencing. An attorney with DUI experience will be familiar with sentencing guidelines and the factors that may influence your daughter's ultimate outcome. It's definitely worth hiring an attorney in this matter rather than attempting to navigate the court on your own.
    Answer Applies to: California
    Replied: 4/7/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    The standard sentence on a first time DUI in California generally involves 3 years of informal probation, fines/fees, and alcohol classes. However, DUI cases are also very fact specific and certain factors can serve to enhance the penalties such as prior DUI convictions, being under the age of 21, getting into a traffic accident, speeding, having a high blood alcohol concentration. In addition, there will be penalties for driving on a suspended license. These penalties depend on the reason why her license was suspended. For example, if her license was suspended as a result of a prior DUI conviction then the minimum sentence will be 10 days in county jail for a first offense and 30 days county jail for a second offense. As you can see, much more information is needed to properly advise as to what kind of potential consequences your step daughter is facing. My advice is to immediately contact an experienced DUI attorney to fully evaluate her case. Finally, her court date should be somewhere on the paperwork she received when she was arrested. Check the bottom of the citation. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 4/7/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    A lot will depend upon the reason for the license suspension and if this is the first DUI or not. The first court appearance is called an arraignment. This is where you are informed of the charges and enter a plea of guilty or not guilty. She should have been given a court date by the arresting officer. Understand that the DA has up to a year to file charges assuming this is a misdemeanor. I would highly recommend consulting with a local attorney. Additionally make sure she requests a DMV hearing with in 10 days of her arrest.
    Answer Applies to: California
    Replied: 4/7/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    There are several variables with this situation. If this is a first DUI and the license is suspended for reasons other than alcohol, you are likely going to be able to settle the case for a standard 1st offense DUI. However, the punishment gets more severe the more priors that there are.
    Answer Applies to: California
    Replied: 4/7/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It depends on what the basis is for the suspension (if the suspension arose from a DUI, she faces 10 days minimum in jail). As for the DUI, if she doesn't do anything to help herself (like hire an attorney), she is looking at the following (assuming it is a first offense): 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.
    Answer Applies to: California
    Replied: 4/7/2011
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