DUI probation in Sacramento requires that you not refuse to give a breath or blood sample when requested by law enforcement, among other conditions. That is because your probation requires that you not drive with ANY measurable alcohol in your blood. Violation of this condition can lead to an additional suspension of your license, a violation of your DUI probation, and a new misdemeanor.
I tell my clients to respectfully decline officer requests to perform roadside tests,...
Mr. Roach has provided a good answer. I would just add that the court would likely order an 18-month DUI school (the 30-month program is rarely used) and your friend could face up to a 10-year license revocation.
A .22 third DUI means your friend has a serious alcohol problem. The next DUI would be a felony, and three DUI convictions in two years puts him/her at risk unless serious efforts to address the underlying issue are made.
Your friend needs a lawyer to confirm whether the Texas priors...
Sacramento courts typically don't impose curfews in any informal cases, and only rarely in formal probation cases, unless it is a juvenile matter. If you are on formal probation, check your probation orders and talk to your probation officer. If you lost your paperwork and aren't sure, go to the main courthouse criminal window and ask for a copy of your paperwork. Good luck.
I would always advise a person arrested for a DUI to hire a lawyer if you can afford to, or ask for the public defender to be appointed if you can't. DUI arrests for being under the influence of marijuana are relatively easy for an officer to make. Proving that you were, in fact, under the influence of marijuana is not as easy. The consequences of a conviction are long-lasting and serious.
Stopping smoking may help you to be clear-headed and to present better if you decide to take your case...
When a person is sentenced and a judge orders jail, sometimes (often), alternative sentencing is available. Sometimes, no alternatives are approved and the judge usually makes this very clear at sentencing. And the judge's recommendation as to the form of the disciplinary sentence may not be binding on the sheriff. Depending on the crime and other case-specific factors, a person may simply be ineligible for alternative sentencing.
Some out-of-custody alternatives in San Joaquin County...
It seems like you are concerned about the VC 20002 leaving the scene of an accident charge (hit and run) and whether both DUI counts will show up.
The fact that you were charged with all of those sections of the Vehicle Code will show up on a rap sheet, but you received just one conviction out of the three charges.
It is important to give some thought as to why employers look into applicant backgrounds. Employers want to avoid hiring someone they can't trust, can't insure, or someone who...
First, some basics:
Simple DUI-related DMV suspensions are handed down like this:
1st DUI - 4-month APS suspension; 6 months if convicted of DUI;
2nd DUI - 1 year suspension (APS) or 2 years upon conviction;
3rd DUI - 1 year APS suspension; 3 year revocation upon conviction;
Suspensions are enhanced with a refusal, being under 21 at the time of the offense, conviction for a felony or VC 23153 (DUI w injury), etc., too many variations to set out here.
The DMV gives conflicting answers...
According to a deputy sheriff in Modesto court today, anything less than a week is basically a book and release. That means you show up at the jail, they process you, and in a few hours to a day, you are released and given full credit for time served. The caveat is, that early release is not guaranteed.
If your question is whether to sign up for AWP or just turn in at the jail, that is a personal question based on your preference. Attorneys can't really say which would be better for you.
Your friend is in serious trouble. These charges are typical of someone who commits crimes to fund a drug habit. Two separate 459 charges likely means different dates/locations of the criminal conduct.
The first important thing is to know what to look for.
Sacramento County Superior Court has an excellent online service that allows you to see the charges a person is facing. You can also get this on the Sacramento County Sheriff site, if the person is in custody. Google both of those entities,...