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First time offense being a D.U.I. I hit an object. blew a .16. What am i facing? no one was injured, including myself or object.

Santa Clarita, CA |

no prior driving incidents.

Attorney Answers 6


  1. The question you pose seems to concede that you don't have any defenses, or that you merely want to plead guilty. You are looking at probably three years summary probation, about $2500 in fines and penalty assessments, completion of a drunk driving course, driver license suspension, and maybe other consequences. Probably no jail time, but that is not a guarantee. But you should explore your options more fully. Contact an attorney or two. Many of us on Avvo provide a free consultation.


  2. You need a lawyer with experience in DUI matters to determine whether there are any defenses available to you. Avvo is a good place to start.

    The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.


  3. You are looking at 3 years of probation, about $2000 in fines and fees, since you blew .16 you are going to get the special enhancement of above .15 therefore the 9 month alcohol program and the Ignition interlock device plus restitution for the damaged. However you may face some jail or community labor time because of the collision. It's negotiable though.

    If you can hire an attorney do so because an attorney may find holes in your case to get the special enhancement stricken. As a former prosecutor I have done it so many times and it is possible to happen. So many things can be done in a DUI case.

    Sharon Paris Babakhan
    818-480-3571
    www.sharonbabakhanlaw.com


  4. Assuming no one was hurt, you are probably facing a misdemeanor DUI charge. Your blood alcohol is high and Santa Clarita is a tough court. You are looking at fines, classes and possibly jail depending on how bad your report looks.


  5. The general first-time DUI sentence is as follows:

    1. A fine, with penalty assessments of $1700.00 approx;
    2. Possible jail time (but unlikely);
    3. a six-month license suspension or restriction, the latter requiring an ignition interlock be installed;
    4. A 3-month DUI school;
    5. Proof of insurance.

    However these penalties may be enhanced by the reading of over .15% BAC and the fact there was an accident, which also means you will be liable for any restitution applicable.

    The DMV take their own separate action and you MUST request a hearing within ten days of the stop, otherwise your license will be suspended automatically.

    If you are in the Santa Clarita courts, I highly recommend you retain private counsel.


  6. Ms. Babakhan is correct. Because of the.16 and accident you face enhancements which include a 9 month alcohol school and restitution. Get an attorney . Santa Clarita is not known for giving deals.

    Andrew Roberts (818) 597-0633/ (805) 496-7777

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