If I could predict the future based on so little information, I'd be in Vegas placing bets on the 2010 NFL season.
The outcome of the case depends on many factors, such as the defendant's blood alcohol level, the seriousness of the injuries sustained by the victims, the overall circumstances of the case and, frankly, the defendant's attitude before and after the incident.
Any time someone is charged with a felony, there is the possibility that he or she will be sent to state prison. On the other hand, first offenders stand a much better chance of being placed on probation, and most felony DUI offenses are "wobblers," meaning they can be reduced to misdemeanors.
You need an experienced DUI attorney who can give meaningful answers after reviewing all of the evidence. Don't forget that DMV will automatically suspend your license during an administrative proceeding, separate from the criminal case, if you don't request a hearing within ten days.
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
While it may have been blunt and direct, it was correct.
Attorney's can only tell you based on their experience and the information you provide what the likelihood of penalty will be when you deal with the Felony DUI's.
Something you are not taking into account is how severe the injuries were. You need a DUI lawyer now. My office handles DUI throughout the state and would be happy to answer any further questions you may have.
Any time a person is charged with a felony, that person faces at least 16 months in state prison. Since your question has no information about what the specific charges or code sections, it's not possible to calculate your total maximum exposure on this case.
Additionally, without more specific and detailed information on the facts in your case, no one can give you any analysis of what defenses you may have--and this will affect your bargaining power. Generally, if the circumstances make it necessary for you to accept a plea agreement, your deal will get better the more defensible the case is.
A good DUI lawyer will want to know about your medical history, medications, etc., and will also collect other biographical info. Such a lawyer will also want to know the details of your case, from the moment you started drinking or taking drugs (prescription or illegal), or both. We need to know what you were drinking, how much, and over what period of time, etc. Of course, we would also want you to provide as many details about the actual incident, including any police investigation (FSTs, breath/blood tests) and other information you can provide. After that, we certainly want to review what the police report contains and in a felony accident case may want to have an investigator obtain additional witness statements, etc.
Only when these things are done could someone have a reasonable chance at providing the answers you need. Since this is a highly technical area of criminal defense, and since the potential for prison time makes this a very serious case, you should retain an attorney immediately. I see that this was posted ten days ago, so hopefully within ten days of your arrest you contacted DMV and demanded a hearing regarding the suspension of your license.
No matter what you choose to do, I wish you the best of luck.
With no criminal record you start in as good a position as is possible for staying out of prison. The severity of the punishment (probation with county time vs. state prison) will likely depend on the severity of the injuries and the circumstances under which you left the scene of the accident. The blood alcohol will also play into the equasion. Other factors usually include pressure from the victim or his/her family on the DA's office in your particular case. In injury cases I usually have an investigator try to soften things up before they spiral out of control. It often minimizes the anger that a victim feels just to know a person feels some remorse. Don't, however, give any consideration to making contact directly.
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