Legal Question in Criminal Law in California

Drinking/ driving penalties including frequency of jail sentencing

I was arrested for DUI in July of 97, but I was not drinking. I was taking prescription meds which impaired me. I know this is no defense, what i want to know is the frequency or common sentences overall for this violation. Jail time is a worry to me because I suffer from liver disease and am ill to the point of not being able to function normally at times. (I was up for a transplant last July as well, but my liver recooperated enough for me to be semi- functional.) I have a part time job. I tried to be cooperative during my arrest, i took a breath test ( I know I had no alchohol in my system so this did not intimidate me), and i took a urine test at the county jail. I was held over nite, released on OR. Then in august i was told my case was "discharged". But then in Janurary I got a letter from DA ordering me to appear and that charges of DUI were filed after all. I cannot afford an Attorney. Can you give me some idea of what i can possibly expect out of all this? I have no criminal history, and have no prior dui, or violations of any kind save for one ticket(traffic) in 17 years of driving. Thank you


Asked on 2/09/98, 1:43 pm

2 Answers from Attorneys
Scott Pearce Law Offices of Scott Pearce

No Jail For You

Unless you caused an accident, it's highly unlikely you'll go to jail. Speak with the public defender; don't tell anything to the DAor the judge.

The public defender may be able to get the charges reduced. Almost certainly you'll beable to stay out of custody. Expect a big fine, but you might be able to pay some of itoff by doing community service.

Sincerely,

Scott Pearce

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Answered on 2/11/98, 1:20 pm
Glenn Auletta Law Offices of Glenn Auletta

You will not see jail.

See the public defender. You complied with your statutory right to take a chemical test of choice, the breath test. When you passed the test, the officers do not have a legitimate and legalbasis to request another test, unless under VC23157. To do so would require the officer's report to clearly indicate, including through FST's, that their is objective signs of narcotic influence.

Futhermore, the detaining officers require a drug recognition expert officer to collorabate these observations. Additionally, the vital signs are required to be taken at the time of the detention. Then, you can subpena your own medical records to illustrate that the vital signs at the time of the detention/arrest where within your normal range.

Good luck!

Glenn Auletta, Esq.

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Answered on 2/11/98, 8:32 pm


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