charged with 23152 (A) and 23512 (B) ; This is the first time I have been arrested for anything. I blew a .16 on the breathalizer. Was pulled over for having no headlights on and rolling a stop sign.
The first step is to secure a DMV hearing to stay your license suspension and to try to save it from being suspended in the future. This must be done within 10 days of your arrest.
In court you will have an arraignment where your attorney will be given your police report and time to analyze your defenses. Offers vary, but the usual worst case scenario is minimal jail time (often this is eliminated by credits for time already in custody), fees, alcohol classes, and other programs such as MAAD classes.
Of course specifics depend on factors such as the facts of the case, the courthouse and district attorney, and prior criminal history - so its best to privately consult with a DUI attorney for specific information.
You should make sure to contact DMV Driver Safety within 10 days from the date of arrest, their # is 858-627-3901(or have your attorney call them) to schedule a DMV hearing. Contact the most experienced, best accredited San Diego County Criminal Defense Attorney and consult with that person to discuss your options.
Paul H. Neuharth, Jr. 619-231-0401
I'm assuming this arrest happened in North County San Diego. The Court up there does not give jail time if you plead guilty before trial. And in practice most judges do not give jail time for a first offense DUI even if you take it to trial and get convicted.
The .16 is just the number the machine spits out. The questions are whether you are a good candidate for breath testing, how the machine captured your breath sample, and if the machine was even working properly (just discovered breathyzer in North County failed calibration checks a few months ago).
Lots of science and procedure to dive into.
IF you are convicted and without knowing more, their is not telling if you will be, you are likely looking at fines , DUI classes and probation. Some of these penalties can be lowered and a good attorney will always be looking to get the case dismissed. You should consult whit a good attorney to discus the merits of your case.
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