Legal Question in DUI Law in California

court probation and first dui arrest

i am on standard court probation. i do not have a probation officer. i have had a few violations for minor stuff or revokation and reinstatement's. and i have just now been arested for a DUI. how much jail time do you think i may be looking at if i plead guilty ?

and would it be possible to beat the charge as i was not even driving at the time of the arrest. i was actualy pumping gas and getting directions at the time the police aproached and started messing with me and a few of my freinds.

we had pulled over at a gas station when the chp arived and started asking questions they separated us and we got nervous i think i may have admited driving the vehicle before we got their. they tested me and i blew about double the limit. they tested my other freind and he blew a perfect zero!! so they arested me and let him drive away with my car

i was never read any rights at all

and i was taken to a nonprofit first offender house called first chance instead of jail for the night. i dont have much money for an a lawyer what should i do and what are the best and worst case scenarios for me.

please respond i am really freaking out as i am 23 and a single parent


Asked on 4/07/05, 2:36 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: court probation and first dui arrest

Well, you're not in too much trouble, but you can expect some jail time, maybe 10 to 30 days if that, but the real issue would be maintaining your privilege to drive. As far as ''not driving'' you were technically operating the car. I don't know whether the CHP has probable cause to approach you, but that might be a non-issue, since you may have admitted to driving. All in all, it will take a trial to clear this up with the court. In lieu of that, you can plea to whatever the DA or city attorney suggests (but not before consulting an attorney). After that, you will still have to deal with the DMV to reinstate your driving privilege. Call me if you'd like. (310) 806-9237. Good luck. --Phil

Read more
Answered on 4/07/05, 4:44 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California