60 day jail +++ Get a lawyer!
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
Contact a local DUI attorney. 60 days on a 1st time DUI seems steep to me. Only a local attorney will know best.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
The variety of outcomes you could receive vary massively. I have seen cases like this that are completely dismissed, and I've seen real jail time too.
I'm proud to say I've never had a client serve actual time for a 1st or 2nd time DUI. That said, you're going to need a skilled DUI defense attorney.
Please understand why the one attorney mentioned the 60 days. Based on the facts that you provided you are looking at not only the DUI but two enhancements to the DUI the first being the BAC at or above a .20 the second one is the speed enhancement since you were in excess of 35 mph. The speed enhancement alone is 60 days mandatory minimum jail time. You need to hire an attorney that can work on getting the prosecutor to get rid of the speed enhancement.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
Who knows: All the above responses are right. Driving 20 over a speed limit of 55 or below is a big enhancement if with a DUI and a .20 % BAC is a high BAC/DUI, so do not expect any leniency from the Court or from the District Attorney. I would expect Police/discovery to state much much more egregious items than you are stating as they will not be looking to help you at all at that speed and with that BAC! I strongly suggest you find a DUI lawyer and have him take you through the system, otherwise you are likely to get a harsher sentence than otherwise. The facts and evidence are, however, not always what they seem and that is another very important reason why you need a good lawyer. I practice DUI's in Mendocino and Sonoma Counties, and am a member of the CA DUI Lawyers Association. firstname.lastname@example.org If you wish further advice I suggest you contact me or another good attorney steeped in DUI law. You need good advice at this point. Have you arranged your DMV hearing yet? - you have 10 days from incident...
You are facing two charges and therefore could be looking at jail time even though this is your first offense. Sentencing options are varied and depend on many factors including the specific facts of your case. You need to be represented by an attorney. Whether you hire a private attorney or have a PD, you will need to consider plea bargaining. Good luck.
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I've been practicing in Sonoma County for 12 years and I've never seen anyone get 60 days for a first DUI where no one was injured. However, the above facts, if proven, would make your DUI extreme, even with no criminal history. I would be happy to offer you a free consultation about your case.
There can be a big difference between what COULD happen and what WILL happen. I agree you are looking at some possible bad facts here. But answering these types of questions is impossible to do in a vacuum. Find a local lawyer that you feel comfortable with ( I am in town and so some of the other posters) and sort through it. Make sure you don't miss the ten day deadline for DMV. If you need to talk, call me.
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