Legal Question in Criminal Law in California
Dui
Is a first offense DUI in California a misdomeanor or a felony? There was no accident or personal injury involved.
Asked on 10/24/07, 8:47 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
Re: Dui
Misdemeanor with expensive consequences. Get an attorney to help minimize them. Feel free to contact me if serious about doing so, and the case is in SoCal.
Answered on 10/29/07, 1:10 pm
Michael Meyer
Law Ofc. Of Michael J. Meyer
Re: Dui
Misdemeanor. If it's a straight-forward DUI case, the driver will be charged with two counts of Vehicle code 23152 - one count for subsection (a) and another for (b).
Also be aware that the driver has TEN DAYS in which to request a DMV hearing on the issue of whether his or her license will be suspended. This issue is separate from the court case.
The driver should see a local attorney to determine how to handle the matter.
Good luck.
Answered on 10/25/07, 12:10 am
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