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Is my dui case good enough for a dismissal? Please let me know what I should do. Its my first dui offense =(?

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Question by V.sayTUrn: Is my dui case good enough for a dismissal? Please let me know what I should do. Its my first dui offense =(?
I’m 22 and I drink on special occasions. Just that one night i chose to go out alone I drank to relax and have fun. Leaving an hour gap beforeheading home, I take of and of course I got pulled over. around 12 am on the 30th, and was trying to head home from the club. five minutes of driving I get pulled over. I had about 3 drinks and a beer all in 6 hours of being there. Cop says I was serving, so I agreed to cooperate with everything. He gave me about 5 field tests which he commented about how I was doing better than most people, I stumbled because of my nerves but I;m 90 percent sure I did them all well then he decides to give me the breathalizer. After the second blow he told me “Unfortunately your level is over the legal limit and I have to place you under arrest” for a dui having a bac level of .089 . sacramento, ca downtown I st where I got pulled over, isn’t the best place to drive, due to pot wholes and of course cars parked on the side, and a busy st.which i swerved for, i was driving on a one way st the lane all the way to the right. then 5-10 minutes later we arrive to the station where he then told me to take another breathalyzer, I then blew .077, he didnt explain what was going to happen with that, but i knew for sure I was below then. The officer was really nice,didn’t tow my car and thanked me for cooperating the whole time and says he’ll put in a good comment on the document? at this point i was thinking (THEN WHY ARREST ME? ) so of course scared and nervous I just continued following direction and next thing I knew I was in the tank for 17 hours! Their system was down and couldnt finger print us? so now we’re stuck waiting because they can’t fix there system? It was quite an experience. I just need advice and help, should I get a lawyer and fight this? or will it be a waste of money. Will the public defender do much for me? Its my first offense and I’m really scared and not sure which step I should take.

Best answer:

Answer by charles
firt of all you are BARELY over the limit.Thats good.I would fight it with a public defender.The reason being YOU ARE GOING TO LOSE but your lawyer can make sure you get light punishment(assumeig this is the first
time you been arrested b4)they might even work a deal where it will disappear as long as you dont get into trouble again.EVER.ever again.
THEY Are prety ight on 1st offenders.but def. GET A LAWYER

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June 7th, 2014 at 9:11 pm

22 year old son recieved his first DUI now what?

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Question by Marva R: 22 year old son recieved his first DUI now what?
My son who blew 1.9 received a DUI in Illinois. He is having his hearing next week. I know it might be best for a lawyer to represent him, but he doesn’t have the money to afford one. I don’t either. So he is going to represent himself. What are the odds of him recieving a lighter sentence and possibly getting court supervision? What should he know to represent himself in the best possible manner. I realize that he should pay for being so foolish, and that no one should get behind the wheel intoxicated. He unfortunately turned to drinking while going through a very difficult time. He is not the only one that is paying however. His whole family is going through a tremendous amount due to his foolishness. So if anyone has any good advise we could sure use it. He also is considering going into the military, which in my opinion would be good for him. But now after receiving the DUI, I don’t know if he can be let in for a long time to come. Thanks for any good advice you can give :)

Best answer:

Answer by anistonalltheway
First of all a 1.9 is legally dead! I think you mean a .19, His first DUI probably won’t be that bad, he will have heavy fines and possible jail. If he has a job he can plea to get work realease, where he gets out to go to work and then must come back to the jail when not at work. I would look cases up in your state and look up your states statutes you can find that on the internet. He should start AA and get an alcohol evaluation right away!! This helped my friend, the judge would have ordered this anyway, but it made it look like he wanted to help himself and it really did!!

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June 4th, 2014 at 3:10 am

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Is It possible to get a second dui dropped to a reckless if you got your first you got dropped to a reckless?

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Question by Jake: Is It possible to get a second dui dropped to a reckless if you got your first you got dropped to a reckless?
my first dui i blew .09 and my second i blew .10, I have a meeting with a great attorney, and i also almost did perfect on my sobriety test, i admitted to having a couple beers at the bar. I was very honest and very polite and will have my alcohol evaluation done before my first court date, the negative is i have a couple MIP’s from when i went to some partys in High school.

Best answer:

Answer by Jim
First and foremost if you have a couple Minor In Possession of alcohol charges and this is the second time that you’ve been charged with Driving Under The Influence of alcohol you may want to consider that you may have an alcohol abuse problem … lots of resources for help on that so we won’t harp on it here.

Second, if your first DUI was dropped to Reckless Driving then you do not have a DUI conviction on your record (although most judges see reckless driving and assume it was a reduction plea deal) so this is your first DUI. The smartest thing you’ve done is to have an appointment with an attorney … listen to his advice, not the advice on Yahoo Answers when it comes to a legal situation.

Third, the thing that you probably could have done in hind sight is refused a breathalyzer and submit to a blood test. They are more accurate but it would take them some finite amount of time to get you to a hospital and get your blood drawn and sent to a lab and that would have given you another half hour or so to metabolize the alcohol in your system and then there is always the chance that they will blow the chain of evidence of the sample.

Finally, bottom line is that driving after drinking is not a good idea. Use a designated driver or call a taxi or call a tow truck. Any of those options would have been cheaper than what you are facing now.

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May 29th, 2014 at 9:18 am

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Q&A: What is the best course of action for someone’s first DUI in CA?

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Question by AJ: What is the best course of action for someone’s first DUI in CA?
Okay this didnt work out to well the first time so
1. this isnt for me, i am asking for a good friend who made a mistake.
2. please keep your comments to yourself and just answer the question. i feel the same way but theres nothing i can do for her now but help.
3. if you still answer my question, Thank You Very Much!!!

Best answer:

Answer by hi_there7000
Get a good lawyer! Get a good lawyer! Get a good lawyer!Get a good lawyer!

The best that you can afford you’re looking to preserve your licence so that you can drive to work only! You’re more than likely to get Alchol classes so you might as well start those now… But Get a good lawyer!Get a good lawyer!Get a good lawyer!Get a good lawyer!Get a good lawyer!

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May 21st, 2014 at 9:12 am

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Q&A: First time dui and in the army?

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Question by Sarah: First time dui and in the army?
My husband just got a dui a few days ago and is an e-4. His dui was off post and srg are trying to keep his rank. However was a highly intoxicated driver and should i get lawyer or use a public defender? He has nothing on his record and this is first thing ever. Plz good solid advice and no rude remarks thank you. Also Dui was in oahu hi
dui was off post so this is an off post matter

Best answer:

Answer by Natasha
Public defender should do the job, I think he should get off without too much hassle.

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May 19th, 2014 at 9:14 pm

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the dmv suspended my license this first week of january for dui, can a judge suspend for 6 months in addition?

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Question by : the dmv suspended my license this first week of january for dui, can a judge suspend for 6 months in addition?
this is in california. the district attorney has not even filed my case yet. i was arrested in nov. 2010. after this 6 month dmv suspension, if my finally get my date in court later this year, can a judge suspend it for another 6 months? this is my first offence.
get in line, could you please elaborate?

Best answer:

Answer by ornery and mean
Yes, the DMV suspended your driving privileges as an administrative action … not part of the penalty for DWI. The judge can, and probably will, suspend your driving privileges as part of the sentence if you are convicted of DWI. This would NOT be considered “double jeopardy”.

DWI is dangerous stuff, not only for the tipsy driver, but for all of the other drivers (and passengers) on the road. Because of this extreme risk, the DMV can use administrative action to suspend the license of the drinking driver totally separate from any action by the court.

Might be best if you stay sober when you know you will have to drive once your privileges are restored.

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April 19th, 2014 at 3:10 am

can i get my first dui expunged if i just got a second?

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Question by thaiboxer FR: can i get my first dui expunged if i just got a second?
i recieved my first DUI when i was 19 with a BAC of .04 it was dropped down to a wet reckless. this one really sucked, i got pulled over after driving my gf’s car home after she had been drinking, i miscalculated how much i had to drink and i got pulled over for a license plate light being out infront of my gf’s house.. i ended up blowing a .10 which was barely over legal limit. i am 6`4 250 lbs so a .1 didnt really feel like anything… and i dont wanna hear shit like your gonna kill people you should be locked up, bla bla bla, you really dont know how f**ked up this DUI system is untill your thrown into it… it really is a 1 punishment fits all system and its flawed severely, i hardly ever drink and yet im forced to do a 18 month alc program… the same as people who wrap cars around trees and kill someone… anyways im finding it difficult to find a job because of the second offense, can i have my first one expunged, there were no probation violations and all fees are paid… and i havent been on probation for it in a while.
how did i get out lucky if i cant get employment, loose my old job, cant join the millitary, and am labled an alcaholic for the next 10 years. i hate when people say there is no difference between blowing the minimum and driving 3 blocks home, and someone who blows a .3. whats really bad is there are people who do blow .2-.3 and get off cuz they have the MONEY, seems like some people are created just a little more equal than others.
its not that i shouldnt be held accountable, i just think that there are varying degrees of DUI’s someone who blows a .10 and is already home should not be handed out the same judgement as someone who blows a .3 and is passed out in the middle of the street with his car on… im more upset at the fact that this stays on your record and finding employment is damn near impossible…

Best answer:

Answer by Michael H
Not a chance now that you have a second.

‘the same as people who wrap cars around trees and kill someone.’

No, they usually get charged with intoxication manslaughter and things of that nature, you got out lucky, best advice I have is don’t drink at all and drive, and don’t try to minimize that fact that you were at the minimum limit.

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April 14th, 2014 at 9:12 am

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Will my current DUI count as my first or second if my prior occured at age 17?

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Question by please help: Will my current DUI count as my first or second if my prior occured at age 17?
My first DUI was when I was 17. I got in a car accident but only hurt myself. I was recently pulled over and received a second DUI with a .16 BAC, at age 21. I realize that i have no way to get out of this and don’t expect to, but i am terrified and am trying to gain a better perspective on the possibile outcomes of my slowly approaching court date. The arresting officer told me that this would count as my first DUI since my last one was under 18. I’m not fully satisfied that this is true and wonder if the DMV holds seperate and contrary rules regarding this matter. I have a 2 year old daughter, go to school, and work, I wonder how my first DUI will affect my priviledge of a restricted license, because I would be lost without one. I am fully aware of the mistakes I have made so please don’t tell me I’m getting what I deserve. Any help is greatly appreciated.
I’m in California by the way, I know laws are different everywhere.

Best answer:

Answer by Adam
i would guess it would depend on the judge looking at your case but im sorry even though u asked people not to give you a hard time you’re going to hear it alot. is it soo damn hard not to drive after drinking? the only thing i care about is that you didn hurt anyone else but hell i hope they do take your privledge of driving away so maybe you’ll realize that it is a priviledge and not a right to get drunk and drive

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April 12th, 2014 at 3:14 pm

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Need some help for my friend she was currently pulled over for a d.u.i in California she’s 23 and her first?

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Question by CA: Need some help for my friend she was currently pulled over for a d.u.i in California she’s 23 and her first?
Need some help for my friend she was currently pulled over for a d.u.i in California she’s 23 and her first time for a d.u.i and hopefully her last… She’s never been in any trouble. She has court in late September. What we are trying to find out is the cost this is all going to be and how long do you think he drivers licenses will be suspend after the 30 day is up. Also is there any advice you can give towards her court date and what route she can go down. Thank you so much for your time.

Best answer:

Answer by James
She must be represented by an Attorney who has a great deal of successful experience defending DUI cases.

I recommend that she interview at least 3 or 4 Attorneys who have a great deal of successful experience defending DUI cases.

She should hire the DUI Attorney that she thinks is best for her.

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April 9th, 2014 at 3:13 am

If convicted of a DUI in california for the first time what are the court fees?

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Question by Patiently optimistic: If convicted of a DUI in california for the first time what are the court fees?
What do you owe the court if convicted for a first offence in a DUI case? Also what does it cost to attend cour appointed alcohol classes?

Best answer:

Answer by Rick M
The court fees and penalties vary from county to county in California if convicted of a DUI.
See http://www.sandiegodui.com/penalty.html for details.

A local criminal defense attorney can advise you depending on which area are in. Most drunk driving defense lawyers in California give free advice.

Here are the details of San Diego county’s programs which have links to the respective websites of the different programs: http://www.sandiegodui.com/dui-classes-san-diego.html .

You can select a program near you here: http://www.adp.cahwnet.gov/Criminal_Justice/DUI/pdf/DUI_dir2007.pdf .

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April 1st, 2014 at 3:10 pm

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