Do I Really Need a DUI Lawyer?
It all depends, but generally the answer is, "Yes.", especially if it is a aggravated DUI like a high blood alcohol content or a repeat DUI. However, I understand that there are some people who just want to plead guilty and get it over with - even if this is not the best decision.
However, I would like to share with you a few thoughts to consider. First, even if you believe that you're guilty, you're still legally presumed innocent. A good DUI attorney can evaluate the strength of the proof against you in ways that you cannot do yourself. Continued...
Should I Hire a DUI Attorney to Represent Me ?
First, even if you believe that you're guilty, you're still legally presumed innocent. A good DUI attorney can evaluate the strength of the proof against you in ways that you cannot do yourself.
Second, a major issue in every case is whether the police overstepped their bounds and unlawfully stopped, arrested, tested, and charged you. A good lawyer will evaluate whether you were treated properly. If your rights were violated, there may be no case against you.
Finally, the help of a good DUI attorney is critical in limiting the damage that a DUI case can have on your family, your life, and your livelihood. Impaired driving law (alcohol or drugs) is one of the most politically sensitive areas of the American legal system. Although most DUI cases are misdemeanor offenses, the consequences for a conviction can often parallel or exceed some felony punishment, so handling one of these cases without legal counsel can be a life-changing mistake. Continued...
Will I Go To Jail?
"Mandatory Jail" isn't mandatory, Penal Code sec 2900.5 (d) states:
If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation facility, hospital, juvenile detention facility, similar residential facility, or home detention program in lieu of imprisonment in a county jail, and the statute under which the defendant is sentenced requires a mandatory minimum period of time in jail, the time spent in these facilities or programs shall qualify as mandatory time in jail. Continued...
How Long Will A DUI Case Take to Resolve?
That’s a good question: Mostly, you want your case resolved as quickly as possible to resolve the anxiety and "put the matter behind you". However, the reason you are considering hiring an attorney in the first place is to make sure that there is a complete and fair investigation of the facts and "no stone is left unturned". So while we are mindful of moving the case along, our focus is providing a complete and thorough DUI defense. That’s why we say “DUI Defense, Done Right”. Continued...
What is The Punishment for a DUI?
1st Conviction Penalties
Probation: 3 Years of Court or Summary Probation
Court Probation means no probation officer to report to, but absolutely no drinking and driving during that time period.
Fines & Fees: Including fees and costs of $2,000 to $2,500
This can be paid over time for an additional charge, or in full within 45 days. In some courts people can work off part of the fine through community service.
License Issues: 6 month loss of California Driver License
After 30 days of no legal driving a person may apply for a restricted license with proof of high risk insurance and enrollment in the DUI class. A restriction license allows driving to and from work or school.
This will be for 3 months. If the BAC is higher than .20 a 9 month class is required. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools
Jail: Mandatory Jail Time
There is a required 48 hours of jail time on a first offense DUI. It is possible to have this time converted to some alternative such as home arrest, rehab or some combination of these.