Legal Question in DUI Law in California

Re: DUI turned Drunk-in-public

SOUNDS LIKE A GOOD DEAL, BUT dont you have an attorney to ask? CALL IF WE CAN HELP 310 277 1707 LARRY WOLF

Re: DUI turned Drunk-in-public

Thank you for your inquiry.

You may have received a very good deal, and depending upon which courthouse this is, maybe an excellent deal. Not all defendants receive a PC 647 from a DUI, and you've saved hundreds if not thousands in fines, alcohol programs, insurance increases, etc.

How long this stays on your record depends upon whether they are considering this a misdemeanor or an infraction. Typically, you would be offered probation with a misdemeanor, and you can have it expunged, pursuant to Penal Code section 1203.4, after a minimum of one year, or after your probation period ends, if you ask the court via motion to do so. Otherwise, as an infraction, the case will not go on your record, and will "terminate" once you pay the fine.

Can you get a better deal? Well, a good lawyer will review all the facts, and present your factual defenses, review all the legal defenses that come up from reading the police report, and file necessary motions to suppress evidence, reduce charges, and perhaps get the case dismissed. However, this is difficult for any attorney to know without reviewing your case thoroughly, and knowing how the DA and the judges in that particular court respond to motions or taking this case to trial.

The price you pay an attorney is, to some extent, the price for knowing that you've done all you can and getting the best result possible for your particular case. I suspect that if the DA is willing to reduce to a drunk in public and two traffic citations, that there might be a proof problem, and that a good attorney can do better, but that is just a guess, not based upon any hard information.

I hope this answer helped, but if you have additional questions, want more information, or feel you need representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can, and best of luck to you.

Re: DUI turned Drunk-in-public

An attorney might be able to help get the sentence reduced even further; you will have to discuss the facts with him. Your record stays with you forever, so if it is important to you, then do something now. Contact me if interested.