Legal Question in DUI Law in California

Felony DUI first offense

My brother was arrested with a felony DUI charge last night after crashing his car (no other cars invovled) and injuring his passenger. This is his first offense and is attending court in a couple of days. Is there any chance of this being reduced to misdemeanor, it being the first ever offense on his record? Should we hire a DUI defense attorney? Also many people on here have mentioned that after being arrested for felony DUI they were released the next day, why is my brother still being detained 36 hours after and possibly the full 4 days until court? He is 20 years old and this occured in CA. thank you


Asked on 2/22/09, 2:04 pm

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

Re: Felony DUI first offense

Your brother will need to hire a DUI defense attorney in time to have the attorney present at the first court date (the "arraignment"). Also he will need to request a DMV hearing within 10 days to possibly forestall a lengthy license suspension. I don'tknow why he's still being held, this could be because the offense occurred on a weekend. The attorney you hire will evaluate the facts and will be able to advise you on the odds of having the offense reduced to a misdemeanor, or beaten entirely.

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Answered on 2/22/09, 2:18 pm


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