i blew a .10. did not crash. bailed out the next morning. was compliant and all. i am underage.
It is highly unlikely you would receive any more jail time. The types of punishment you may be looking at are probation (up to 5 years), fines, DUI classes, possible public work service, and one year license suspension. You might be able to avoid a misdemeanor DUI through negotiations to a reduced charge and you might have some viable defenses to the DUI to make it worthwhile to fight it for a possible dismissal. You should discuss the specifics of your case over the phone or in person with local DUI lawyers as many offer free initial consultations.
David M. Boertje, Esq.
*Please note that this is not legal advice and in no way formed an attorney-client relationship*
Criminal Defense Attorney
You should not be concerned with jail time on this as a first DUI. The worst part is a one year suspension and a misdemeanor record. Consult a lawyer to represent you at the dmv and at court.
Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.
Also keep in mind you have very limited time to contact the DMV to protect your license. You need to discuss this matter with a dui defense attorney right away because you're facing a long suspension from the DMV as well as significant penalties from the court.
DUI / DWI Attorney
no you wil generally not go to jail. witjout other details it is
impossible. to give you more information. speak with an experienced dui
attorney. you are looking at a one year license suspension from the dmv.
As mentioned, generally the court does not give jail time for such a case. Remember to contact DMV within 10 days of your arrest to set up an APS hearing to contest the arrest with DMV. If you don't dmv automatically suspends your license.
Given the facts you provided it would be very unlikely that you would be sentenced to additional custody. However, other consequences attach for a minor convicted of a DUI. A thorough review of your case by an experienced defense attorney could discover facts helpful to your case. You should call a local North County defense attorney and schedule an appointment to meet and discuss your case to discover what can be done to ensure the best possible result.
Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
DUI / DWI Attorney
The short answer is no. However, be aware of the 10 day time limit to schedule your DMV hearing. If you're going to hire one of us local AVVO DUI attorneys you should do it prior to the 10 day time limit. Most of us offer a free consultation and you should meet with a few and go with whoever your most comfortable with and helping you with this matter.
I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com
In addition to the other answers, at a .10, there could be scientific arguments. Especially with breath testing. The questions are 1) if you're even a good candidate for breath testing, 2) how was the test administered, 3) how was the machine working, etc. Lots of science to get into.
Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.
Definitely not if you beat it outright and probably not even if you are convicted, absent aggravating factors. However, being under 21 will result in additional punishments if convicted, most notably a 1 year loss of driving privileges.
Setup your DMV hearing within 10 days of your arrest and hire a locally experienced criminal defense attorney to ensure the best result possible.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555