Legal Question in DUI Law in California

dui first time

i got a dui and have court one month from now. On a paper that i have it says i have 2 misdemeanor one for alcohol, yeah thats all it says. And the second for .08 or higher BAC. Its my very first crime ever, im 21 and was wondering what will happen in court, what to expect also???! also im realllly sorry, i feel horrible and depressed.


Asked on 4/23/09, 5:49 pm

2 Answers from Attorneys
Solomon Chang Law Office of Solomon Chang

Re: dui first time

Good Afternoon:

Mr. Koken, the above attorney, is absolutely correct. The city will always charge two counts for every DUI ticket - one for "driving under the influence" and one for having a BAC at or above 0.08. If you are convicted, whether you plead guilty or lose at trial, only one of the charges will go on your record. Hopefully, it won't come to that.

If you would like to discuss your case in more detail, please feel free to contact me at http://www.SolomonChang.com.

Best Regards,

Solomon Chang

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Answered on 4/24/09, 3:07 pm
Matthew Koken Law Office of Matthew S. Koken

Re: dui first time

You are being charged with violating Vehicle Code Section 23152(a) and 23152(b). The first charge is driving while under the influence of alcohol or drugs, and the (b) count, or second charge, is for driving with a blood alcohol content of over 0.08%. The prosecution charges both of them because they do not know which charge will actually be proven if you go to trial. Do not worry though. You can be found guilty of both counts, but you will only be sentenced for one of them.

If you have further questions feel free to contact me. Best of luck.

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Answered on 4/23/09, 5:54 pm


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