Legal Question in DUI Law in California

I was arrested for dui last Sunday. The only charges filed were 23152 vc dui alcohol/drugs though I also had an open container in the car. Can they charge me with this at a later date or did he just decide to let that one go? This is my first offense, and honestly my only time charged with anything at all. I plan to plead no contest; I know what I did was wrong & I will take the consequences of my actions however I would really like to know what to expect when I get to court.

Thank you so much!


Asked on 6/03/10, 10:07 am

1 Answer from Attorneys
Bruce Kapsack Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense

First, pleading no contest without representation is not smart, and in most courts the judge will tell you so. In California doing so allows a punishment of up to 6 months in jail and loss of license for six months. Additionally, several counties now require an Ignition Interlock Device on the car for 6 months.

On the other hand, if the charges are reduced or if a plea bargain is made by your attorney you can avoid some of that harshness, while still accepting responsibility.

As for the open container, the District Attorney can add any charges they like at a later date,

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Answered on 6/09/10, 9:26 am


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