I am a female 25 yr old non-profit community worker and educator with high school students.
I have never been convicted of any prior crimes or in trouble with the law in any way, I have a clean driver record as well. I am in the process of hiring an attorney but I am deathly afraid of having to face felony charges and/or jail time. This is such a wake up call for me and was an honest mistake, There are several other details but general info or insight would be appreciated.
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
You can't be charged with a felony for a first offense DUI, unless somebody was injured. However, a misdemeanor DUI has a lot of consequences and so it's good that you are hiring an attorney.
It is very unlikely that you would face felony charges, given the circumstances you described. It can be a very scary situation, but unless the other details involve injury to a third-party, or another charged offense other than a standard DUI with the higher BAC, you should not be facing felony charges.
Your attorney will be able to discuss this with you, and we wish you the best of luck getting your case resolved.
For your first time DUI it won't be a felony unless you injured someone. In San Mateo County, your standard sentence is 3 years court probation, 2 days county jail (sheriff's work program will be recommended), fines around $2000, and enter/complete the first offender program (on top of what DMV will tell you to do). Make sure you requested your DMV hearing within 10 days of your arrest. As a former Deputy DA in San Mateo County who tried numerous DUI cases, I am very familier with San Mateo's policies and procedure regarding these specific types of cases. Please feel free to contact my office at (925) 605-8747 for a free consultation if you would like to discuss your case further.
You will not be charged with a felony unless someone was injured due to your driving. It is very important that you request your DMV APS hearing within 10 days of your arrest, otherwise your driver license with automatically be suspended after 30 days. It is important that you retain an attorney so that your legal rights can be protected.
First, hire an attorney. Although you will not be charged with felony, you face an enhanced penalty due to the excessive BAC. Make sure you request a hearing with the DMV within 10 days of your arrest to stay your license suspension pending the hearing. If you hire a private attorney, he/she will handle the DMV side of things. The public defender does not handle DMV matters.
Depending on the facts of your case, you may have defenses. Feel free to call if you have question. I'm in Redwood City.
(650) 367-1771
DUI's are only felonies in California if someone other than the DUI driver was hurt or killed, you have four or more DUI's in a ten year period or if you have ever had a prior felony DUI. From what you said, it does not sound like any of these are applicable to you.
It is still serious though and you are right to seek a lawyer's help.
You will only be charged with a felony if you injured someone. You will have an enhancement of punishment for being over .15.
Call for a free consultation at 415-441-1052. When are you going to be arraigned?
No and No. If your blood or breath results come back over .20, you face a 9-month alcohol program, and extra AA meetings. (See California Vehicle Code §23578.)
