How can an attorney help me with a DUI charge, first offense?

Business 6 views 9 answers
I was recently arrested for DUI, while parked, answering a cell phone call. I was a few blocks away from home. Blew a .08, barely. I drive for a living and though I understand my fault in this instance, I will almost certainly be out of work if I cannot drive. Is there a way to keep my license with the provision that it will only be for work? I will gladly submit to classes, AA, whatever it takes. I have many years invested in this position and it would be a grave blow to my family should I lose it. I'm ready to fight to keep it.

Attorney Answers

9
Dan Chambers ·
What I suggest you do is search for some DUI attorneys. There are many highly qualified attorneys who regularly contribute to this site. Most provide a free consultation. Find one with whom you are comfortable. You sound like you have some good facts with which to work. Good luck.
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Wade Skalsky ·
If you have no prior DUI's, which it sounds like you don't, you will be eligible for a restricted drivers license if the DMV rules against you administratively. You should know two things: 1) You only have ten days from the date of your arrest to request a hearing, and 2) If the DMV does suspend your license you will have to serve a 30 flat suspension until you are eligible for a restricted license. That said, given how low your BAC was it sounds like you may have a good case to challenge the DMV and the court course against you. I would not automatically assume you will have to have a DUI conviction on your record. Which court is your case out of?
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Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
An attorney can help in many ways one is to work you through the process you have a marginal alcohol level that accuracy is not absolute and your license may not be suspended or restricted if you successfully fights the administrative DMV action. Even if license is suspended it will only be suspended for 30 days and a five-month restriction. You also have to worry about the court case and experienced attorney can help you defend yourself against the charges
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Denis White ·
I can offer you some insight on DUI cases in Woodland. Your choices are fairly simple. You can go to trial and if you are acquitted on both counts, you will not lose your license from a court conviction. The difficulty, as you well know, is that the Yolo County court case will not be on calendar for a couple of months following the arrest. In the meantime, the APS hearing date (if you requested a hearing within 10 days of the date of the arrest) will have come and gone. In other neighboring counties like Sacramento (with the right facts) a case might be resolved in a way that saves the CDL. Yolo County has a policy that they will not help with an acquittal (what we call a Helmandollar Motion) on the charge of VC23152(b). My suggestion, if it's not too late, is to book an APS hearing. The local drivers safety office has some peculiar policy in place on these marginal cases though. Give us a call Monday or Tuesday and we'll share them.
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Sarkis Babachanian ·
There's a good chance the DMV will impose a 4 month suspension on a first-time DUI, but that can usually be converted to a1 month actual suspension and 3 month restriction if you show DMV proof of financial responsibility (SR-22), proof of enrollment in a DUI traffic school for first-timers (AB 541) and, in some counties participating in a pilot project, proof of ignition interlock device installation. This is if the DMV hearing officer finds by a preponderance of evidence (50%+) that the cop had probable cause for a stop, probable cause for arrest and that your BAC was .08 or greater. Good luck.
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Christine Mccall ·
I write to warn you of a different issue than your post identifies as on your radar. My concern is based on your statement that "I drive for a living" (no further details). Based on this statement I am concerned that your employer will terminate you from your employment even if you do not lose your CDL based on this arrest and potential charges. It may be that your employer's insurance coverage and carrier put your employer in a position of having no meaningful choice -- that would be a typical result based just on these bare facts. It may also be that you have a DOT license or that your employer has DOT or other licenses, permits, certifications, etc. that will affect whether the employer can field a driver with charges pending or a conviction. You haven't provided enough detail or specific info for anyone here to make a careful and reliable determination. And my purpose is not to raise your level of anxiety. But if any of these consequences are potentially applicable here, you may be obligated to make an immediate formal notification of this matter to your employer. You do not want to be in a position where your employer's ins coverage or business affairs are compromised or affected by the employer's lack of knowledge about this situation.
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Hudson Bair ·
You are facing a first offense DUI in Yolo County. Since your blood alcohol concentration is right at the legal limit you have many defenses that may result in your case being dismissed or at least reduced in court, in order to save your license you will need a strong legal defense at the DMV. Again, because your chemical test is at the legal limit you have many defenses, good things happen.
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Ethan Meaney ·
You have a better chance of preserving your job, license, etc., if you have an experienced DUI attorney. I suggest you give one a call. There are many good ones here on and have already responded to your post. Good luck.
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Christopher Parkhurst ·
An attorney can help defend you against charges, and also help with your DMV issues. Navigating the court system and fighting against the resources aligned against you in this situation is not a job for the layperson. This is not the time to go it alone. Time is of the essence in protecting your license, as my colleagues have pointed out. Consult with several attorneys willing to discuss your facts and the strategy that is best for you. Licensing issues can be complicated. Fortunately, there are many good attorneys who practice locally in your area. Why not take advantage of a free consultation? Good luck.
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