That "jail mail" comes from attorneys that subscribe to services that comb arrest records. Those services sell the lists of people arrested so the attorneys can send those lovely letters you're getting. There have been case decisions dealing with jail mail... attorneys are allowed to do exactly what they're doing.
You've probably seen all sorts of flyers, coupons, etc. They probably range from local attorneys to large firms that will try to land business, then farm out the work to a...
The biggest determining factor will be what the DA files and ultimately
what, if anything they're convicted of.
It could be anything from misdemeanor manslaughter (no intoxication &
primary negligence) to felony (no intoxication but with gross negligence)
to nothing if they were not at fault.
There is the hit and run aspect to deal with though.
Nobody here can guess at an outcome without knowing all the details,
including why they didn't have a license at the time.
There is a specific charge for DUI causing an injury - 23153 of the Vehicle Code. That can be either a misdemeanor or a felony. Typically, what makes the difference is the severity of the injury. With your friend suffering a broken back, the driver is likely to face felony charges.
It's not your insurance - it is the driver's that may compensate you for your medical bills. The driver, if convicted, would be required to pay restitution for any out of pocket losses any of the victims...
It's after 30 days of actual suspension, whenever that begins. If you do nothing after being arrested, the DMV will suspend your license for 4 months beginning 30 days after your arrest. If you scheduled a hearing and later lost, the suspension wouldn't begin until later.
Bottom line - 30 days of no driving and you can apply for the restricted license with proof of enrollment in the alcohol school, a current SR-22 (proof of insurance) and a reissue fee.
You hired an attorney and aren't trusting what they told you? Wow.
Under Penal Code 977(a), an attorney can appear on your behalf unless it is a domestic violence case or if the judge orders you personally present.
In California, there is a presumption of intoxication at that magic 0.08% blood alcohol level.
In looking at the comments to some of the other answers, I'm not clear on whether they have a valid blood alcohol level on you or not. The validity of a test taken outside of 3 hours from the driving is questionable. If the testing was done some time after the driving, the prosecution must rely on backwards calculations as to what the driver's alcohol level "must have" been. It's subject to...
On a first time DUI, there typically is no jail time unless they add enhancements for excessive speed or reckless driving.
Can they also charge you with the speeding? Yes, but your attorney should be able to get that dismissed in a plea deal (should it get that far).
Will they drop a first offense just because it is a first offense? Sorry - no. DUI is one of the most aggressively prosecuted and highly political charge out there.
There may be defenses or other issues, so it's worth it...
That law firm is one of several that contract with retailers to do exactly what they're doing: send out intimidating letters to try to get you to pay money after an accusation of theft.
Their demand letter has nothing to do with criminal charges - not paying it does not mean that they criminal charges will be filed, nor does paying mean that no charges will be filed.
In reality, these firms rarely, if ever, file a civil suit. Why? Because the cost and hassle of doing so isn't worth it...
You petitioned to be found factually innocent. Your petition was granted. The granting of your petition is the legalese of saying you're factually innocent. You now reap the benefits of 851.8 - the sealing and destruction if your arrest records.
If they're claiming injuries, you could be looking at felony hit and run charges. If the injuries are minor or it's only property damage, you could face misdemeanor hit and run charges.
They may have assumed or speculated you were drinking, but without proof that you were under the influence, they could never prove a DUI case against you.
Under any of the circumstances, you're facing criminal charges that carry points on your DMV history, probation, potential jail time and/or fines...