Legal Question in Criminal Law in California

california dui

is jail time requiered for a first time dui in CA BAC 1.1 charged with alcohol and persciptions


Asked on 7/19/07, 1:42 pm

4 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: california dui

There could be 6 months, but highly unlikely you will be required to serve jail time unless there was property damage, and even then, with a good attorney, you should be able to stay out of jail. But on a first time regular ole DUI, you won't need an attorney to help you stay out of jail. Of course, if you want to fight the charges, you should get an attorney. But if you are guilty of the charge, just go plead guilty and you'll likely get the standard DUI terms along with everyone else who shows up in court with you. :)

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Answered on 7/21/07, 1:32 pm
Terry A. Nelson Nelson & Lawless

Re: california dui

Possible 6 months plus fines. However, your attorney should be able to keep you out of jail. Feel free to contact me if you want legal help in this, if the case is in OC/LA metro area

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Answered on 7/19/07, 2:40 pm

Re: california dui

Jail time is not required for a first time misdemeanor DUI. Some DA's, however, misread the statute and insist that at least 48 hours is required (which it is if probation is NOT granted). You should know, however, that just because something is not required, does not mean that it is not done. It is possible to be sentenced for up to six months in jail on a first time misdemeanor DUI.

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Answered on 7/19/07, 3:01 pm
Scott Linden Scott H. Linden, Esq.

Re: california dui

Nothing is ever required, it all depends on the mod of the DA and how good a negotiator your attorney may be. Let's be honest, a lot depends on if the DA had a good night's sleep, if he ate beakfast, how relations are at home. Same for your own attorney. Nothing is written in stone, but a misdeeanor carrys a maximum time of 6 mos, no minimum.

Make sure your attorney smiles and wears his best, his first appearance to the DA is what could make or break you.

Good Luck!

Scott

ImInnocent.com

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Answered on 7/19/07, 6:12 pm


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