I did fail to appear in court on both the probation and DUI charges. I turned myself in on the probation violation and bailed out of jail. 7 days later a warrant was issued for my arrest for failing to appear on the DUI charge. Whats going to happen to me? best and worse case senerio??? I'm very worried.
Sounds like there are a couple issues on this case. Was it a first offense DUI? Ultimately, your best bet at this point to get a more detailed answer would be to set up a consultation with an attorney in your area who is familiar with the Court of the new charge, as well as the court where the probation violation is. It may be possible to have the Probation violation transferred to the charging court and potentially may give your attorney a little more flexibility in working out deals to lessen the overall penalties between the two. Of course, there may be big defenses available on your DUI case that can help mitigate or dismiss consequences, but an attorney will have to dig deeper into your case to determine that.
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As best I understand your question, you were arrested but never adjudicated for the DUI charge. There is no mention of the public intoxication charge. Legally, the public intoxication and the DUI are two separate incidents and the court holding jurisdiction over the cases will treat each one separately.
The offense of 'Public Intoxication' is classified as a "violation" which is a lesser criminal offense than a misdemeanor. However, there is the possibility of a fine of up to $200 and a jail sentence of up to 30 days. You should consult a qualified criminal defense attorney before you enter a plea to this charge - there may be both legal and factual defenses.
The offense of DUI, first offense, is more serious. Under the current Alabama law, effective Sept. 1, 2011, Alabama has created the punishment of "double minimum punishment" for any DUI offense if the breath test is .15% BAC or greater. In that event, whatever the basic punishment is prescribed by law must be doubled by the trial court if found guilty of the offense.
First offense DUI has a base punishment of a fine of not less than $600 and up to $2100 and a jail sentence of up to one year. The trial court has the discretion to suspend the jail sentence on the first offense. In addition, the Department of Public Safety is required by statute to suspend the driver license of any person convicted of first offense DUI.
There are many factors that need to be considered. You should never plead guilty to a DUI offense without first discussing your case with a qualified criminal defense lawyer, and especially one who specializes in DUI defense. For a list of metro Birmingham lawyers who specialize in DUI defense, check the listings for the National College for DUI Defense at: www.ncdd.com
In the metro Birmingham area, attorney Greg Yaghmai is considered one of the best for DUI defense. He is highly skilled in all facets of this complex area of law. I would suggest that you contact Mr. Yaghmai to review your case.
Criminal Defense Attorney
The outcome of your case depends on several different factors. If you have any prior DUI's then your fines and punishment could be enhanced. Depending on the jurisdiction and the facts of your case, you may be eligible for a deferred prosecution program which would result in your charge being dismissed upon completion of the program requirements. You need to consult an attorney because there are potential serious consequences in your case. Feel free to contact me at (205) 414-7404 for a free consultation.
Mr. Goodgame can be reached during normal business hours at (205) 414-7404