If convicted on a misd DUI 1st offense and want to serve 6 months when, I get out of jail is that the end of court envolvement

Asked over 2 years ago - Rialto, CA

I don't want to be on 3 years of unsupervised probation. I don't want to submit to a PAS test on demand for 3 years. I do not want to pay all the fines. I will do the alcohol re education classes to get my drivers license back though. How much time will I have to serve if I refuse the terms of probation. If it is 4 months will it count for the whole 6 months.

Attorney answers (3)

  1. George B. O'Neill

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    Contributor Level 13

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    Answered . That's a gutsy move but if you are up for it...
    All suspension will add up to 6 months suspensions, 4 months APS .08%; six months DUI conviction; and six month for no probation... All adds up to six months! LA County? Yes, then IID installation and can drive... otherwise no.
    Jail, yes six months is possible, but not likely. The law (CVC 23536, DUI w/o Probation) states between four days and six months jail sentence... guessing maybe 30 days max but just a guess.
    And you seem to know that the DUI class is still required if you live permanently in California and ever want to drive again.
    Apparently you want to pay off the fines by jail too... that varies between $30 and $50 per day of jail but is also subject to good time/work time credits.
    Yes if you have the time and guts to go this route, good on you. If everyone would do it the system would come crashing down! No money in DUIs for the State anymore... and jails totally clogged. No fun to be in custody but you are allowed by low to go this route.
    And don't worry about the "whole 6 months"... that's just the maximum sentence, not what you MUST be sentenced to serve.

  2. Andrew Stephen Roberts

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    Contributor Level 20

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    Answered . Interesting question- You would probably need an attorney to get this as the court would want to make sure you understand your rights. You are looking 6 months in jail; $390-$1000 in fines plus penalt assessments; 6 month license revocation. The DMV would require you to get an SR 22 before you got your license back. The court could order an IID on your vehicles. The DMV can also require you to attend alcohol school.

    Call me with any questions.

    Andrew Roberts
    (818) 597-0633

  3. Tai Christopher Bogan

    Pro

    Contributor Level 18

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    Answered . This is another reasons why people should hire a lawyer. What did your lawyer say?

    Heres what you really want. No serious jail time and very short probation period. An attorney could attempt and possibly get you a probation term that ends shortly after you finish the DUI class.

    Most of the fines are mandatory whether you are on probation or not.

    But go ahead and get 4-6 months jail. That will work too.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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