Legal Question in DUI Law in California

The crime of Driving Under the Influence of alcohol and/or drugs (DUI) can be charged as either a misdemeanor or a felony. Driving Under the Influence is usually a misdemeanor. If there are aggravating circumstances, a DUI charge can become a felony. Aggravating circumstances can result from accidents and/or injuries, if minor children were present, a breath or blood sample refusal, extremely high alcohol levels, speeding or evading, if you are on probation, if it is your 4th DUI arrest, or if you had a prior felony DUI in the last 10 years. If proven true, aggravating circumstances will increase the punishment such as jail time, increased fines and/or loss of driving privileges. Chances of house arrest are not good.

BARRY BESSER

www.besserlaw.com

There is no such thing as "DUI court", only 'normal' criminal court handling numerous DUI's as part of their case load. And no, you don't get to handle this without "going through court", just like you have done several times before, according to your posting. You can expect the DA and judge to seek jail time, as this is a repeat offense with priors 'enhancement', as well as jail time on the probation violation charge, but it is up to your attorney to oppose all that. Most cases are 'plea bargained' to avoid the risk of loss at trial and mandatory sentencing to the full term provided in the law upon conviction. The attorney's job is to get a good 'deal' you can live with, or prepare for trial. House arrest is possible, but certainly not guaranteed. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

You should already know this, from prior cases: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.