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How much time will my Brother serve in jail for a dui, being illegal and crashing?

Ontario, CA |

he was crashed while being drunk and he has no green card. im wondering about how much time he will have to serve, just an estimate. Its 100,000 dollars for the bond to get him out of jail, although hes in immigration hold. He might get deported i think, but i was wondering if theres any way he can just serve his time and not get deported. Please just give me an estimate, oh and theyre was bodily injure in the car crash which is why the fine is so high.

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Attorney answers 4


He is looking at 2 potential issues. One is the immigration hold and the other is the current DUI case. The immigration hold clearly has deportation consequences that he will need an immigration attorney to assist him with. It sounds like he is being charged with a 23153 and from the sound of the bail is being charged with a felony. Without knowledge of his criminal history, facts of the case, and several other factors it is almost impossible to give you an accurate estimate of how much time he is actually looking at. Rather than focusing on the jail time he needs to focus on hiring a qualified attorney to represent him. This is a serious offense since someone appears to have been critically injured.
Robert Driessen


Your brother is in a tough spot. First, regarding deportation...he may be deported and maybe not. He'll be seeing an immigration judge after he serves his time on the criminal case. You should contact an immigration lawyer for his deportation issues. Bail: $100,000 is high, but the bodily injury must be severe and....does your brother have a criminal history and/or a history of failing to appear. There are many reasons why the bail could be set high. How much time he does in jail depends on what courthouse he pleads guilty in. Every courthouse is different.


The amount of time someone is looking at for a felony DUI case causing injury depends on many factors including how severe the injuries were, whether your brother has any prior DUI's or criminal record, how high his blood alcohol level was, how many people were injured in the accident, which court the case is in, and many other factors. Any estimates we could give you here would be pure speculation as it could be anywhere from almost no jail time if very minor injuries and no prior record, to possibly many years in state prison if serious injuries, or prior criminal record, etc. You should consult with an attorney to discuss the specific facts of your brother's case and situation.


You should begin searching for an immigration attorney for him, maybe even an attorney who does both criminal and immigration so that they can handle the entire case. As the other attorneys have indicated, the exact amount of time he spends in jail depends on many factors, however, that time WILL matter for immigration purposes. You will get the best results if you hire an attorney. There really is no way for him to only serve a jail sentence and not get deported if he already has an immigration hold. Immigration cases are very different than criminal cases. In an immigration case, he will be deported UNLESS he can prove that he meets certain criteria for the judge to decide he deserves to stay in the U.S.

If he wants to stay in the U.S. his best bet would be to hire a criminal and immigration attorney to help him. You should start consulting with attorneys immediately so you can find one to represent him before he pleads guilty.

If you would like, I would be happy to speak with you about the case, for free.

Matthew Murillo, Attorney at Law

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