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Justice For All
Justice For All, Attorney at Law, JD
Category: Legal
Satisfied Customers: 1349
Experience:  Over 8 years of legal experience /family law, general practice, and criminal defense.
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I just had a dui - .19 including an accident in which the ...

Customer Reply

Customer: replied 11 years ago.
I just had a dui - .19 including an accident in which the person was a minor. Am I facing jail time?
Expert:  Justice For All replied 11 years ago.

Is this your first DUI?

Do you have a prior criminal record?

Customer: replied 11 years ago.
no criminal record
no prior dui
Expert:  Justice For All replied 11 years ago.

Thank you for your response. Hopefully my answer will help you know how to proceed.

A first time DUI in California is two fold:

First, you need to deal with the DMV if you haven't already. Motorists accused of drunk driving in California have only 10 days from the date of their DUI / DWI arrest to request a hearing with the DMV. Anyone arrested for DUI or DWI in California who doesn't request a hearing within 10 days will have his or her driver's license suspended automatically on the 30th day following their drunk driving arrest.

The criminal case filed against California DUI / DWI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b). The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California Court.

The second count, known as the "per se" charge, concentrates on whether the driver's blood alcohol content (BAC) was .08 percent or greater. Whether the motorist seemed to be driving perfectly before the traffic stop or performed. It is a charge that is based purely on your blood alcohol level.

With that said:

The California DMV will suspend the driver's license for a minimum of four (4) months for a first-offense (1st) DUI / DWI arrest if the driver loses at the hearing.

As far as the criminal punishment part of it is concerned, which is what I know you were really concerned about:

There are two options available for first time DUI's if probation is granted both requiring attendance at a 3 month or 6 month alcohol/drug program, a fine of $390 to $1000, plus either: (A) 48 hours to 6 months in jail; or (B) for arrests prior to September 20, 2005, a 90-day license restriction. Under option (A), the Court may also suspend your license for 6 months. Under either option, your license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. As a result of the court conviction, the DMV will suspend your license for 6 months, but a restricted Iicense may be available.

If probation is NOT granted, 96 hours to 6 months in jail, $390 to $1000 fine, and a 6 month license suspension.

Hope this helps!

Jennifer

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Expert:  Justice For All replied 11 years ago.

If you need futher help, let me know.

Jennifer

 

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