Legal Question in DUI Law in California

Hi, I received a DUI back in October 16, 2009. The police officer gave me a pink paper stating that I must show up to court on November 16, 2009. Also, I forgot to call the DMV during the first 10 days I received my DUI. I went on that day to court and the clerk told me that my file hasn't been registered yet so she told me to wait until I receive something in the mail. I recently got a mail from the district attorney saying that I need to show up to court on February 26, 2010.

Information of my DUI case: I crashed into a tree and totaled my car. I blew a 0.08. I believe I fell asleep since it was so late, 4:30 AM. I drank around 10 PM - 1 AM that night and I waited to sober up before I drove. I did well on my sobriety tests that the officers gave me.

I wanted to know if my license gets suspended for an year or just 4 months. Can I still get a provisional license? I am 21 years old and the accident happened 10 days after I turned 21. I go to school and I work at home but I need to make deliveries everyday. I sell HID lights for cars to retail stores in the Orange County and Los Angeles area. For the past few months my friends and girlfriend gave me rides to wherever I needed to go. But I feel like I should get a license very soon or else they will get very irritated of me.

Also, I met with many lawyers and the consensus I got was that I should just get a public defendant to defend my case first. If I can't get some kind of bargain they said to come back and get a lawyer. Is that a good idea?


Asked on 2/23/10, 12:42 pm

2 Answers from Attorneys
Michael Wright Law Offices of Michael Wright

You may be thinking about getting a public defender to save money initially. You are close to the limit and may be able to get your case reduced or dismissed quickly just based on that. In that case it makes sense to see what you can get with the pd representing you. If you can afford a lawyer then you may be charged a fee for the pd to represent you. If you are comfortable with that then that might be the way to go.

If this is your first DUI then your license will be suspended for 4 months by the DMV and if you are convicted of a DUI you will get another two months on top for a total of six months. If you refused a chemical test then you could be suspended for one year.

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Answered on 2/28/10, 1:03 pm
David M. Wallin Law Offices OF David M. Wallin

From the facts you laid out, 1st offense DUI with a 08 BAC, you license should be suspended for 30 days and , if you attend a program, with proof of enrollment and a re-issue fee and an SR-22, you should be able to get a restricted driver's license. As for a PD or a private attorney, I always think you have a better shot at a better deal with a good private attorney. It's your life and your future, and you can only get the best result 1 time. I wish you well...David Wallin

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Answered on 2/28/10, 1:08 pm


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