Legal Question in DUI Law in California

how to deal with a DUI arrest?


Asked on 10/17/16, 2:32 am

1 Answer from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

A few more facts would be great. However, I will give you the basics.

Think about the following first:

1) Was the blood alcohol level exceptionally high (i.e. above 2.0) The legal limit is %0.08

2) Was ANY kind of damage involved. Did you hit a road sign, another driver, even as simple as hitting the smallest object that barely caused any harm.

3) Did you have a breath test, blood test, or both.

4) Was it alcohol, medication, another substance or a combination

5) Were you detained overnight

6) Were children or even adults in the car with you

7) Is this your first and only violation within 10 years

8) Do you have a court date yet

If any of the above except number 3, 5, or 8 then you definitely need an attorney. If not, I would still recommend an attorney if you believe you have a case. For example, some breathalyzer's can give false readings.

Especially if you were barely at %0.08.

There is no QUESTION WHATSOEVER you need an attorney if this is a DUI and you have had another one within the last 10 years.

There is no QUESTION WHATSOEVER you need an attorney if you hit anything with your car or had children in the car.

You CAN plead "no contest" without an attorney if this is your first violation and you did not hit anything with your automobile and you were by yourself. But, if you can afford an attorney it always helps.

If you believe you CAN plead "no contest" you will probably not be able to drive for six months, might have to pay for a alcohol breath analyzer in your car after you do start driving again and it can be for a substantial duration. Also, expensive.

You will be asked to pay a fine around $2,000 and usually more. You can ask the judge to pay it off in monthly increments.

You will be asked to serve time in jail. This can be anywhere from a day or more in a jail cell OR most likely, you can ask to work for 3 to 10 days, 8 hours a day doing something like road cleanup, raking leaves at county or city buildings, etc.

They might allow you to serve time at home with an ankle bracelet and they usually install a breathalizer to your home phone, if you have a landline, and they might choose to call at anytime to check up on you.

Good DUI attorney's can charge around $6,000. But, they can also really help you if you have a very serious issue (like the ones mentioned above)

You will have to pay and go to "Alcohol Abuse" classes. Costly.

Without an attorney, a DUI can cost about $10,000 when you consider everything from the fine, time, classes, breathalizer and other fees.

Depending on how expensive your car is, you might want to change to a cheaper insurance policy (if your current one doesn't automatically cancel you anyway). You can search for them online. They have horrible coverage but can make a DUI offender afford insurance simply for the reason that you have to have insurance.

Sorry, DUI's are very expensive mistakes. I recommend pleading no contest unless you think you have a serious situation based on the above, like an extreme blood alcohol content or if this is a second, third, or fourth DUI.

If money is no object, ALWAYS obtain an attorney. They can even show up to court for you and they handle all the nasty paperwork involved.

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Answered on 10/17/16, 3:03 am


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