I just got My first DUI. What kind of Charges am I facing and what should I do? Will I be serving any more jail time?

Asked almost 2 years ago - Encinitas, CA

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.

Attorney answers (7)

  1. Salman Borhani


    Contributor Level 11


    Lawyers agree

    Answered . 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.

    Please visit our website at lacourtlawyers.com. 24 hour help line: 310.896.8529 Law Offices of Borhani & Pejman... more
  2. Paul Henry Neuharth Jr

    Contributor Level 13


    Lawyers agree

    Answered . 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 will be happy to speak with you at no cost with a phone or office conference. Please call my office at 619-231-... more
  3. Eric Paul Ganci


    Contributor Level 12


    Lawyers agree

    Answered . 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.

    Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.
  4. Mark K Rosenfeld

    Contributor Level 15


    Lawyers agree

    Answered . There are a lot of things you will want to do all at the same time. The most important is to get a good DUI attorney who practices in the area you were arrested. The attorney will be able to hold your hand and protect your rights.

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  5. Michael Korry Bialys

    Contributor Level 13


    Lawyers agree

    Answered . 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.

  6. William Peter Daley

    Contributor Level 17


    Lawyers agree

    Answered . As the others have suggested, jail time is not likely. However it is in your best interest to contact a San Diego criminal defense attorney who can assist you with this matter and can minimize any potential penalties.

    I will be happy to speak with you at no cost with a FREE phone consultation. Please call my office at 619-238-1905... more
  7. David Philip Shapiro


    Contributor Level 18

    Answered . Assuming you enter a plea, no additional jail time should be ordered.

    What should you do? Hire the best locally experienced criminal defense attorney you can afford.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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