What will happen with my first DUI? 16 Answers as of July 04, 2013

What will happen with my first DUI in California?

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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
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However, I am not admitted to practice in California.
Answer Applies to: New York
Replied: 7/4/2013
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Probation, fines and court costs, alcohol highway safety program, and community service.
Answer Applies to: Michigan
Replied: 7/22/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It depends on many individual factors. Without knowing your case I do not know if you might even have a defense or a chance for a lesser charge based on the blood alcohol level. You should at least get a consult with a certified criminal law specialist before you decide what you want to do.
Answer Applies to: California
Replied: 7/21/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
If you get convicted of your first DUI there are certain terms that are certain standard. There is something called the "standard first DUI offer" in most counties in California. This offer usually does not involve jail time, however some counties are inclined to impose jail time on your first DUI. You can also expect informal probation, fines, an alcohol class, a MADD class and fines and fees. The DMV will also require a mandatory license of at a minimum of 30 days. You should contact the DMV within 10 days to request a hearing and put a hold on your license suspension. Also, some counties are going to require you to install an alcohol monitoring device in your car. You should speak with a criminal defense attorney right away to discuss the sentence in the specific county where your DUI occurred and all possible defenses to your case.
Answer Applies to: California
Replied: 7/21/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You will pay a fine and your license will be suspended for 90 days.
    Answer Applies to: New York
    Replied: 7/21/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If convicted for a 1st time DUI: DUI is classified as a gross misdemeanor, which means that it is punishable by a maximum of 1 year in jail and a $5,000.00 fine. For a first time offense, you would get a suspended sentence, which mans the judge would sentence you to 365 days in jail and a $5,000.00 fine (the maximum), but suspend all but the mandatory minimums: in other words (if your breath test is less than .15, or there is no breath test (not the same as refusal), you would receive mandatory 1 day in jail, $805.00 fine plus mandatory costs and assessments, making fine about $1300.00. You would also have a 90 day suspension of driver's license, with the possibility of obtaining an occupational drivers license after 30 days. The court may, at its discretion order an interlock devise installed in your car (which means that you have to blow into the interlock machine and if there is any evidence of alcohol in your system, the car won't start. The judge will also require alcohol/drug education and or treatment. If the breath test is .15 or greater, or a refusal to submit to the test, the penalties are more severe: 2 consecutive days in jail, approximately $1800.00 fines and assessments, one year revocation of drivers license, interlock device installed in your car for one year, beginning after your one year suspension, alcohol /drug education or treatment. Some court ordered treatment may go for two years. These are just the court penalties. This does not factor in the impact it may have on your job, and the impact it may have on your insurance. DUI convictions generally require SR22 (high risk) insurance. This can be very expensive. generally about 150% more than premiums for a person without such a conviction on their record. This is a serious matter. It will not simply "go away" by pleading guilty. You should consult with an attorney.
    Answer Applies to: Washington
    Replied: 7/20/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Some attorneys presume you will be convicted, because they will press you to take a "deal," which is usually no better than you could get on your own. Most DUIs are fightable, if you have the right attorney. There are many things to attack, including grounds for the stop, validity of the performance and chemical tests, and whether there is real or only theoretical impairment for purposes of driving. The statutory minimum for first time DUI is 3 years summary probation, c$1900 fines/assessments, 4 month alcohol program, and incidental conduct/driving terms, and a DL suspension by the DMV that can be downgraded to a restriction after 30 actual days of suspension, under certain circumstances. There is no requirement in this state for jail time, so if your attorney tells you there is, you need to change attorneys.
    Answer Applies to: California
    Replied: 7/21/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I practice in New York so I cannot answer your question. You need to retain a California DUI lawyer.
    Answer Applies to: New York
    Replied: 7/20/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It depends on what county you were arrested in. In Orange County, a first time DUI offender can expect around $2,000 in fines, three years of informal probation, a MAAD class, an alcohol class (3 months if you were under .16 BAC), and a four month license suspension (if you are over 21 years old).
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    It depends. A first time DUI has maximum punishments of 1 year in jail and $1,000 fine. Usually, (in Los Angeles County at least) a first time DUI will mean that you face fines in an amount about $1,800, 3 year summary probation, the 3 month alcohol program and a 6 month license suspension (which can be served as a 1 month hard suspension and a 5 month restricted license often with an IID installation). In addition, the DMV will suspend your license in a separate proceeding that runs concurrent with the criminal suspension. That doesn't sound to horrible, but remember if you are arrested for a second DUI in 10 years you will be facing jail time. Additionally, your insurance will go up, you will have to report a misdemeanor conviction on job applications and you will have the threat of probation violation (sentencing of up to the maximum sentence) hanging over you for 3 years. So, if this DUI is fightable you need to do so. DUIs can be fought and won!
    Answer Applies to: California
    Replied: 7/20/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    3-5 years probation, fines of about $1800, a 3, 6, or 9 month alcohol program (which will cost you at least several hundred), a misdemeanor criminal record, 2 points on your driving record, a 6 - 10 month driver's license suspension, a hit on your credit score (potentially). Contact a DUI specialist, because even a slight reduction in charge can help you avoid some or most of these consequences. And remember the DMV prosecutes you separately. You need an attorney who is experienced in handling both the court and the DMV cases.
    Answer Applies to: California
    Replied: 7/20/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Look for a $1700 plus fine, a 3-6 month alcohol school (depending on how high you were) an IID attached to your car (expensive), CDL suspension, (you need to call the DMV within ten days of your arrest to attempt to avoid the suspension). There may be jail in some circumstances (high reading, refusal, injury etc,) Your insurance rates will go way up. Have a qualified attorney review your case. You will be put on summary probation for a few years during which time you cannot have any measurable alcohol in your system when you are driving. Some judges even add a no-drinking at all condition of probation.
    Answer Applies to: California
    Replied: 7/20/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc. However, you typically can expect jail [deferred and suspended by probation], substantial fines, alcohol programs, probation, license suspension, etc. 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. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. 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 and jail you. 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.
    Answer Applies to: California
    Replied: 7/20/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Hello- You need to ask a lawyer in California in the jurisdiction of your charges.
    Answer Applies to: Colorado
    Replied: 7/20/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    That depends on the facts. Simply stating it's a first DUI doesn't provide enough detail. Any accidents? Injuries? Refusal to submit to chemical test? Do you have any criminal priors? What was your BAC? Do you have a valid license or were driving without a valid or suspended license? If you are within 10 days of arrest, the only thing I can tell you is that you MUST request a DMV hearing before the 10 days expire. Otherwise, the DMV WILL suspend your license for at least 4 months. If you hire an attorney they will be able to request that hearing for you. Also, keep in mind that if you intend to have a public defender, they can't represent you at the DMV and, if you wait that long, the DMV may would likely have already suspended your license.
    Answer Applies to: California
    Replied: 7/20/2011
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