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I receieved my first dui of .21...

Fresno, CA |

I have spoken to a few people regarding this and i have been told that if i plead guilty or no contest the DA would likely drop it down to .19, does this sound accurate? Also, if the DA were too drop it down to .19 how would that differ from the .21 punishment? Would it drop the alcohol classes from 9 months to 6 months? I would also like to add that I have zero criminal record prior to this. Also, my arresting city was fresno,ca. And I am 21 years old.

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Attorney answers 4


It's been my experience that without competent and experienced counsel a reduction of any sort is limited.


Hire an attorney. I always suggest contacting Bruce Kapsack for any DUI in California. By far the greatest DUI attorney in the country. California is a hot bed of screwups when it comes to field sobriety testing and breath testing.

The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner


You should consult with an attorney in your jurisdiction for specific answers to questions regarding your specific case. Many states have enhanced penallties for breath reults above certain threshholds. You need to discuss this with a DEFENSE attorney. The DA is NOT your attorney, the DA is your opponent. Get someone who is looking out for YOUR BEST INTERESTS.

Michael Carter Lukehart

Michael Carter Lukehart


All the above is good advice. You need help.


No, its not likely for the DA to drop the alleged BAC from a .21 to .19. Though it does matter for sentencing (just as far as which program to take). Everything else remains the same (fines, fees, license suspension, etc). I hope you requested a DMV hearing. Many lawyers who know what they are doing will use that as the stepping stone to Court representation. It allows for an opportunity to gather all potential evidence and cross-examine witnesses before DA even has a chance to see your case, in many situations.

Only after everything is gathered, can you really decide whether a guilty plea to a DUI is something you should even be considering. There are loads of consequences to a DUI. Much more than the standard fine and jail/community service that most other misdemeanors get. You want to avoid a conviction if at all possible. Especially given the public perception of a DUI.

Do yourself a favor - request a DMV APS Hearing and hire a DUI Lawyer. Dont just take a DUI conviction. I can almost assure you that you will regret that conviction a few years down the road.

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

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