19 year old just got a DUI in California – what to expect?
our daughter got a dui and was according to her .06. if she can't afford an attorney is she appointed a public defender? if she pleads no contest any idea what'll happen? Please understand we do not want her on the road and feel only blessed by the fact she was pulled over before she hurt or killed...
our daughter got a dui and was according to her .06. if she can't afford an attorney is she appointed a public defender? if she pleads no contest any idea what'll happen?
Please understand we do not want her on the road and feel only blessed by the fact she was pulled over before she hurt or killed anyone.
I don’t know how Richard can be so right and so wrong at the same time. He is correct that it is most probable that your daughter will be charged with violating Veh. C section 23140, which prohibits a person under 21 from driving with a blood alcohol level of .05 or above. He is absolutely wrong in saying that your daughter can or will go to jail. Violation of that law is an INFRACTION, and no jail time is permitted. (Veh C section 40000.1.)
Because it is an infraction, she is NOT entitled to appointed counsel should she be unable to afford counsel. A plea of not contest is EXACTLY the same as a plea of guilty. The only benefit of such a plea is that in a misdemeanor case it cannot be used as an admission in a civil proceeding, which is irrelevant in this case unless there had been an accident.
If she is convicted of this offense, the scheduled fine is $380, and her driver’s license WILL be suspended for a year. (Veh C section 13353.2.) Due to these consequences, she may wish to consider consulting an attorney. If she cannot afford one at all, she may want to discuss the matter with the prosecutor herself, to see if anything can be done to lessen the punishment.
Yes a public defender will be appointed if needed, no contest is like pleading guilty with an explanation. A heavy fine is what is due plus comomunity service, and rightfully so I might add!
If it’s her first offense, she will get probation, if it’s second her liscense will be suspended for 1 year. She may get 6 months of revoked liscense depending on the judge
night in jail is possible
license suspended
possibly community service
might have to attend classes about topic to get his license back
this will cost her (you) no less than ten thousand dollars for the 1st DUI offense.
because she is under 21 she will also lose her license
Yes, have her get a public defender. No contest=guilty and she will pay a fine, and lose her license. Check on this – in my state you can get what is called a deferred prosecution which means if you go to treatment and abide by all the rules, it would be expunged (like you never got it in the first place). First time offenders often have this option. Good luck to you and your family.!
she can expect it to be on her record for life
First offense should be last offense in my book…take her license for good.
If found guilty then for a 1s offense: she could get 6 suspension of drivers license, or if probation granted, could be 90 days with exception of traveling to work and rehab program; Jail time 96 hrs. to 6 mos. (48 hrs. continuous) and $390-1000;must participate in a driving-underthe-influence program in driver’s county of residence or employment
If she cannot afford a private attorney she can request a public defender, because a DUI is a criminal offense, not just an infraction.
She has violated code section 23140. The penalty is a jail term of from 96 hours (of which at least 48 must be continuous) to six months, a fine of up to $5,000, and a license suspension of at least six months. She may also be sentenced to probation.
Since she is under 21 she will almost certainly lose her license for a year, and will most likely also be required to attend an alcohol education program.
Richard
If she cannot afford an attornye, and public defender is a great idea. Howver, note that that public defender will not help her with the DMV. The penalty for an under 21 DUI is a 1 year license loss, so a lawyer for the DMV would be a good idea.
Check your blood alcohol before you drive via http://bloodalcoholcalculator.org/
Better yet, don’t drink and drive at all.
http://www.duihelpnow.info