The simple answer is that CVC 23153(a) cannot be charged if there is no injury to anyone. However, law defines the injury broadly. Injuries including back sprains, whip lashes can be enough.
Next, you should not admit to facts such as driving under the influence of ecstasy on a public site. You give enough facts to distinguish your case from others where such admissions could be used against you in a court of law. Call experienced DUI defense lawyers for a free consultation!
A drunk passenger cannot be considered an accomplice to a criminal DUI matter even if he knew that the driver had been drinking. It does not help the defendant's criminal case that the passenger was drunk but it hurts the defendant's case if there is an injury to any passenger in the car. The defendant can get charged with a DUI with injury. In California, DUI with injury charges can be misdemeanors or felonies. The penalties are greater for DUI with injury charges. You can contact us for...
You should not make the admissions you have made here on a public site. Additionally, you should definitely not speak with the police about this matter. If contacted by law enforcement, contact an attorney immediately. If you want to take additional precautions, hire a lawyer in your are for pre charge investigation and the lawyer can contact law enforcement to find out the status of any potential filing.
If this is your first DUI without any special circumstances such as an injury to anyone, 120 days is not the standard. It sounds like it may be a third DUI in ten years why there may be a 120 day sentence or a DUI with an injury to someone. Regardless, it is advisable to go to the attorney who represented you or hire new counsel for modification of probation. You do have a very serious injury and a good attorney may be able to help modify your probation.
Have a blood alcohol of above .08% at the time of testing does not mean that your BAC was .08% or above at the time of driving. If your BAC was rising at the time of stop, it is possible to assert the rising BAC defense. If a witness made an incorrect statement to the police officer, the witness can be cross-examined regarding that issue. Contact DUI defense lawyers and seek a confidential consultation with additional facts.
If you case is in Alameda county, its difficult to negotiate pre plea diversion in most cases unless it is a very minor case. However, it is possible to negotiate alternatives that could significantly better your case than the charges filed by the District Attorney. Contact a lawyer for a free consultation in Alameda County. You can also call us at (510) 887-5910. You would receive better advice if you shared additional facts but do not share them on a public website.
A DUI conviction in court could definitely lead to a suspension by the DMV. You will need to get a favorable resolution in court, meaning an outcome, that does not give DMV grounds to suspend your license. Call local lawyers for a free consultation.
Yes, it will most likely be counted as a Second DUI, provided that the prosecutor can prove the prior. The traffic tickets are not a part of the DUI and do not impact probation. However, If you get any points due to the traffic tickets, those points will be on your DMV record and a total sum of points from tickets and the DUI could cause you to lose your license.