What will happen to me if I am convicted of a DUI?
I was recently charged with drunk driving. I want to contest in court, but I am worried that I might receive a harsher sentence if I do. What is the best way to go about this?
Answered By: Law Office of Edward J. Blum
First time DUI generally has the same punishment, 3 years probation, fine, and 3 month alcohol class. The court/prosecutor cannot punish you more harshly for exercising your rights. While a 1st time DUI doesn't seem so onerous, remember that it is priorable for 10 years (subsequent DUIs will have mandatory jail time) and will follow you on your insurance for 7 years. If this DUI is one you can fight and win or get reduced, then you definitely should because the next one (God forbid) may be a dead bang loser.
Answer Applies to: California
Replied: 10/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Tracey S. Sang
Get an attorney - you can have the Public Defender if you can't afford an attorney. In San Diego, the worst case scenario for a first time conviction is a fine of $1K and the First Conviction Program. Other counties carry jail time on a first. These are the harshest penalties you would be looking at. So if you want to fight the case you definitely should. Keep in mind, however, that the only other plea bargains available on DUIs are a "wet reckless" and a "dry (non-alcohol related) reckless." After that there is only dismissal left which generally means a trial. Good luck.
Answer Applies to: California
Replied: 10/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
The penalties for a DUI are pretty standard. There are numerous defenses to a DUI and lots of ways to attack the evidence. If you fight this in court and lose the sentences may be the same however, it may cost more in legal and expert costs. If you win then you do not have it on your record and do not have to do the classes and pay the fines. Depending on the facts if it looks like you cannot get a not guilty contesting it u to trial may get you a better plea deal. Consult with an attorney before making a move.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Theresa S. Hofmeister
Any number of things can happen on a first offense DUI if convicted, no jail to up to 6 months, variety of fines etc. Contact a local criminal defense attorney in your area who specializes in DUI.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Joe Dane
You have an absolute constitutional right to appeal the charges against you. They can't punish you for exercising your right to a trial. They can "reward" you for an early plea with a reduced sentence, reduced charge or other plea bargain terms. Have an attorney review the case with you, represent you with the DMV and in court to get the best possible outcome - whatever that may be in your circumstance. There can be motions to suppress the evidence, ways to fight the evidence and challenge the blood alcohol results. If this was a recent arrest, don't miss the 10 day window you have to set up a hearing with the DMV or they will automatically suspend your license.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Thomas F. Mueller
The judge will normally not punish you more severely for going to trial, but you would need to be there 3 or 4 days and the chances of winning are not good, especially if you had a B/A above .08. Most people just go with the flow.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Ramona Hallam
You should retain counsel who can plead you not guilty without you even having to appear. Then your attorney will be able to obtain discovery. Unless you have independent evidence and/or sober witnesses, only then will you know if you have a good case to fight, and on what grounds. It is not wise to practice law on your own behalf. Often attorneys make it look easy because they have practiced for a while. It is not elementary though and there are benefits you might receive, but forego when you do not know the law well.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Matthew Murillo
Look to hire an attorney. A good one will be able to discuss the case with the DA and work something out, given the nature of the offense and circumstances. They will also be able to make sure you get an opportunity to examine the evidence, without having that affect any kind of plea bargain. Don't forget, also, you only have 10 days from the date of arrest to request a hearing with the DMV. Those are 10 CALENDAR days. Your attorney will know how to contact the DMV to get the hearing scheduled.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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- How can I qualify for a wet and reckless driving charge instead of a DUI?(10/28/2011)
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