My girlfriend is on probation for felony DUI in CA. Got a drunk in public in another county. What can she expect.

I hate to say it, but she's right to be scared. If she's on felony probation, any violation of the terms and conditions of her probation potentially subjects her to additional punishment on the case she's on probation for. Specifically, she could get up to the maximum on her felony case (3 years state prison) imposed. Will this happen? Not necessarily, but it certainly doesn't look good that she's on felony probation for DUI and now gets another alcohol-related offense. At least she wasn't driving. Having said that, "drunk in public" [Penal Code section 647(f)] cases usually have to rise to an extreme level before the DA will (or should) file them. A person has to be so intoxicated they can't care for their safety or the safety of others in order to be guilty. Your girlfriend needs to hire a criminal defense attorney in Santa Cruz County to try and make this go away without a conviction. Probation can still file a petition to violate her probation, even without a new conviction. A violation is proven at a much lower standard of proof. And if she was my client, I'd have her in AA meetings, starting the day after she got released from jail on the drunk in public, if not an in-patient rehab.

You unfortunately had a motor vehicle accident and may be facing possible misdemeanor or felony DUI charges. You want to know what the possible penalties are and what you should you do. You need to know what you are facing. You are scared and do not know where to turn. Help is here at . 1Felony or Misdemeanor, the Need to Retain a Qualified California DUI lawyer Even a low BAC in a serious DUI accident with death or injury could get you in big trouble. You require a professional approach to draw them out properly so that you don’t lose every step of the way - an approach like that of a California DUI attorney. California DUI police sometimes do not follow rules or procedures. A California DUI attorney can see to it that you are protected yet proper steps are taken to ensure the victim situation is handled properly. Be careful as California DUI attorneys just cannot make mistakes which could affect your freedom and license. In California, a BAC — blood alcohol content — of any amount may be a big problem, particularly if an accident. Your California DUI attorney might be able to cut you a deal so you can avoid prison and/or a felony and many harsh penalties. Excellent questions to ask when searching for a California DUI lawyer: What are his or her California DUI attorney's qualifications? Is he or she a Specialist? 2Since the police did not see you driving at the time of the accident, you may have some defenses. Ask yourself: 1) Did California police officer actually observe the person driving the vehicle? 2) Does the officer have first-hand knowledge of the person driving? 3) Was the vehicle lawfully parked when the officer arrived on the scene? 4) Is there a reliable witness who can actually identify the person as the driver? 5) Could there have been another person driving? 6) Can competent witnesses establish the vehicle moved within 3 hours of the chemical test? 7) Is corpus delicti for a DUI offense (actual driver + driving of vehicle, etc.) established? 8) Was the warrantless DUI arrest lawful? California Vehicle Code section 23152 (DUI) requirement "to drive a vehicle" means there must be evidence of "volitional movement" of a vehicle. A misdemeanor arrest without a warrant is permissible only if a public offense occurs in the arresting officer's presence. Because the officer who arrested the driver did not see the vehicle move, the driver was not lawfully arrested (Mercer).

I don't have enough information to give a definitive answer, but here are some things to consider: As Mr. Dane noted, your girlfriend is facing three years in prison in the felony DUI case if her probation is permanently revoked. If she pleads guilty to a misdemeanor drunk in public in Santa Cruz county, that can be used to violate her probation in the felony case. I am particularly concerned that she has already served a year in county jail. When someone is placed on probation in a felony, that's the maximum the judge can give her. If the judge was willing to place her back on probation, she would probably be required to waive credit for some or all of the time she had served. As it stands now, she already has a year's credit against a three year prison term. If she was sentenced to prison, she'd get credit for the year she already served, and serve half of the time remaining. If I was your girlfriend's lawyer, I would tell her to enroll in a long-term residential treatment program NOW. She has three DUI convictions, including one felony, and she's still drinking despite the fact that she's standing on the brink of going to prison. If that isn't a drinking problem, I don't know what is. The Salvation Army operates one-year recovery programs around the state, which are free and highly respected by the courts. There may also be other affordable or free programs in your area. Many criminal defendants come into court begging for a chance at a residential treatment program as an alternative to prison; the judges have much more respect for those who have already taken the initiative to enroll in a program BEFORE they come to court. (I don't understand the other attorney's lengthy answer about a DUI where the cops don't see any driving; that seems to be cut & pasted from an answer to another question.)