Legal Question in DUI Law in California

I have a DUI arraignment next week but still have not found a good lawyer. I know that I can ask for a continuance without entering a plea but are there any pitfalls for doing so? Is it pretty common to ask for a continuance of an arraignment? Need advice to make sure that I'm not hurting myself in the process by asking for more time. Will they ask me to post bail?. It a first time DUI, misdemeanour, no damage, with no prior criminal record. My BAC came back under .07% and DMV is not suspending my licence. Got a letter from DMV setting aside my case. My breath test before the arrest was .083%. Need advice for my arraignment


Asked on 8/13/10, 12:15 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If it is a DMV reject maybe it will be a DA reject. Then again, maybe not. You obviously have a borderline BAC but the prosecution could still attempt to prove you were DUI by other evidence such as the field sobriety tests and any statements or behavior you did at the scene. One risk of not having a lawyer is that you might say or do something by accident that hurts your case. If you have a lawyer, you don't even have to show up. Judges have wide discretion to raise or lower your bail, but usually if you are out on your own recognizance the bail will stay the way it is -- unless you were to mess up by being arrested again.

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Answered on 8/18/10, 12:48 am
Terry A. Nelson Nelson & Lawless

"advice for my arraignment"? Enter a not guilty plea, and say nothing else except to your attorney, whom you need to find asap.

I don't know why you haven't been able to find an attorney. We are out here, ready willing and able. If you're in SoCal courts, and if you're serious about hiring counsel, feel free to contact me. If you can't afford to hire counsel, and have been seeking someone willing to do it free, you need to look to the Public Defender - apply at the arraignment - that's what we pay our taxes for, to provide the poor free counsel.

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Answered on 8/18/10, 10:04 am
James Bame San Diego Law Office

Plead not guilty or have a lawyer do it for you. Contact me directly.

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Answered on 8/18/10, 1:37 pm


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