what happens if an attorney gets a dui

• License suspension of up to 18 months
• Up to 6 months in jail
• A fine of up to $5,000

Full Answer

What happens if you get a DUI?

10 Things That Happen If You Get a DUI. If you are convicted of driving under the influence and you want to get your driving privileges back, things are going to get very expensive. Court appearances, fines, and fees are just the beginning for convicted drunk drivers. There is also the expense of going to DUI school,...

Do I need a lawyer if pulled over for a DUI?

If you are pulled over on suspicion of driving under the influence (DUI), your first instinct may be to ask to speak to your lawyer. However, most states do not require that the police officer give you time to consult with your attorney during the traffic stop.

Can a DUI affect a police officer’s employment?

But a DUI can also have an impact on a police officer’s employment, especially if the officer was on-duty at the time of the offense. Police officers who are arrested for driving under the influence will normally be subject to an internal investigation.

What happens if I plead not guilty to a felony DUI?

However, if you decide to plead not guilty, then you will need to return to court for a preliminary hearing and trial. In this case, you will probably need to hire a DUI attorney to represent you. If you have been charged with a felony DUI, it is strongly recommended that you hire an experienced DUI lawyer.

Can you be a lawyer with a DUI in California?

Yes, it is possible to become an attorney with a DUI on your record. In California, DUI is a misdemeanor and it is not considered a “crime of moral turpitude.” However, you will be required to disclose the details of your case and conviction – that is if you are convicted.

How long do you stay in jail for a DUI in California?

Do all California DUI convictions require jail time?DUI OffenseMinimum Jail TimeMaximum Jail Sentence1st DUI48 hours6 months2nd DUI (within 10 years)10 daysUp to 1 year3rd DUI (within 10 years)120 daysUp to 1 year4th (or more) DUI (within 10 years)180 daysUp to 3 years

How much does a DUI cost in California 2020?

* How much does a DUI cost? California DUI fines range from $390 to $5,000 plus penalty assessments & fees that can raise the total cost to $18,000, depending on your DUI charge. DUI with injury or property damage may also require you to pay injured parties.

What is the penalty for first time DUI in California?

For a first-offense DUI in California, consequences for conviction generally include three years of informal probation, fines of $390 plus “penalty assessments” (totally approximately $2000, and completing a first offender alcohol program that consists of a 30-hour class, at a cost of about $500.

Is jail time mandatory for 1st DUI in California?

In California, jail time is practically mandatory for people convicted of a DUI. Even if it is your first offense and no one was injured, a judge can sentence you to six months in jail.

Is DUI a felony in CA?

It's illegal to drive while under the influence of drugs or alcohol in California. While most first-time DUI offenses will be charged as misdemeanors, it is possible for DUI to be a felony. Getting a felony DUI can be devastating. The consequences of a conviction can stay with you for life.

Do you lose your license for first DUI in CA?

A court conviction for a first-time DUI in California automatically triggers a six-month license suspension pursuant to Vehicle Code 13352(a)(1). A Judge, however, does not impose this suspension. Instead, upon your conviction, the court notifies the DMV and the DMV imposes the suspension.

How long is probation for DUI in California?

three to five yearsCalifornia DUI Probation Violations Typically, people are placed on probation for a period of three to five years and are expected to complete a drunk driving program(s), pay court fines and fees, not commit any criminal offenses, and not to drive with any measurable amount of alcohol in their system.

How long does a DUI stay on your record?

Generally, a DUI will affect your driving record for three to five years in most states. In California, a DUI will stay on your driving record for 10 years.

How much does a DUI attorney cost in California?

For a first-time misdemeanor DUI, a DUI attorney generally costs in the ballpark of $1,500 to $5,000. A California DUI Lawyer Association (CDLA) Specialist often starts at $2,500 – $4,500.

How much does a DUI cost over 10 years in California?

The answer we got was staggering: One DUI conviction in Southern California can cost you $15,649....How Much Does a DUI Cost in Southern California?Minimum fine:$390DMV driver's license fee:$125Car insurance increase (over 10 years):$10,154Bail bond cost (up to):$2,500Total cost:$15,6495 more rows

Can you refuse a breathalyzer?

You have the right to refuse a breathalyzer test, but it comes with a cost. In addition to immediate suspension of your driving license, in some states, you may be charged for refusal to take the test, and you can still be convicted of a DUI even without taking a breathalyzer.

How much of your sentence do you serve in California?

However, California parole law changed to require inmates to serve two-thirds of their determinate sentences before being paroled. Currently, however, due to budget cuts and prison overcrowding, the state is back to allowing “day for day” credit, which allows parole after serving only half a sentence.

How much is bail for a DUI in California?

The bail on a felony DUI can be $100,000 or more. Typically, a person will contact a bail bond agent who will post the full amount of bail in exchange for the defendant paying 8-10% of the required amount. Defendants who are unable to post bail will appear before a judge for their arraignment while in custody.

How long can jail hold you after bond is posted?

Unfortunately, there is no prescribed or set time allotment in which a defendant must be released following bail posting. In general, it can take between four to eight hours, although it may happen more quickly, or could take longer. Why? It depends upon the workload of the court system and the jail.

How much do DUI classes cost in California?

COSTS IN CALIFORNIA First-Time Offenders - three-month, 30-hour alcohol and drug education and counseling program costs approximately $600. Second Time Offender 18 month DUI class (SB 38) - cost is approximately $1,800 - $1,900.

Getting A Lawyer's Opinion About Your Case

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Cases Where Hiring An Attorney Might Not Be Worth It

Prosecutors usually have a standard first-offense plea offer. In other words, they offer everyone with a standard first DUI the same plea deal—whic...

You Need An Attorney to Go to Trial

Though you’re entitled to represent yourself in a DUI trial, it’s almost never a good plan. The learning curve for trial practice is steep and usua...

What happens if you are arrested for drunk driving?

If you are arrested on suspicion of drunk driving, you will be placed into a police vehicle and taken to the nearest police station or jail where you'll be photographed and fingerprinted. 1 

What happens when you are arrested for driving under the influence?

At the time of your arrest, you will be given a ticket or a summons that tells you the date that you have to appear in court to face driving under the influence charges. For some drivers, it feels humiliating to have to appear in public to answer charges of being drunk.

What insurance do you need for drunk driving?

In most states, if you get a drunk driving conviction, you will have to get a special insurance policy, known as SR-22 insurance , before you can drive a vehicle. The cost of SR-22 insurance, in states where it is required, can double or even triple your premiums.

What do you need to do to get your driving privileges back after a drunk driving conviction?

In almost all jurisdictions, if you want your driving privileges returned after a drunk driving conviction, you will have to complete an alcohol and drug education and assessment program.

How long is drunk driving jail time?

Typically, first-offender jail terms are only one or two days that can be served on a weekend, but it is still jail time, which carries consequences—including consequences for your mental health.

What does "driving under the influence" mean?

Driving under the influence is the offense of driving or operating a motor vehicle while impaired by alcohol or another drug to an extent that makes operating the vehicle unsafe (often defined by the "legal limit" when applied to alcohol).

What happens if you are convicted of driving while intoxicated?

If you are convicted of driving while intoxicated, part of your sentence will definitely include paying a fine. All states have laws setting minimum and maximum fines for drunk driving, but those penalties can be enhanced by other circumstances. 1 

How can a DUI attorney help a prosecutor?

Experienced DUI attorneys can often whittle down the standard offer by pointing out weaknesses in the prosecution's case or bringing mitigating factors to the prosecutor's attention. An attorney's familiarity with local practices, the district attorney, and the judge can also help with these types of negotiations.

How much does a DUI lawyer cost?

Most defendants see the price as the major drawback with private lawyers. Hiring a private DUI lawyer will generally cost you between $1,000 and $5,000. If your case goes to trial, it can be even more expensive. (And there are cases where spending the money for a private lawyer won't get you a more favorable outcome than had you gone with the public defender.)

What does a private DUI lawyer do?

Private Lawyers. When you hire a private DUI lawyer, it's typically to represent you in DMV proceedings and criminal court. Having the same attorney work on both aspects of your case can lead to better outcomes, including a shorter license-suspension period.

How much does it cost to hire a DUI lawyer?

Hiring a private DUI lawyer will generally cost you between $1,000 and $5,000. If your case goes to trial, it can be even more expensive. (And there are cases where spending the money for a private lawyer won't get you a more favorable outcome than had you gone with the public defender.)

What is a public defender?

Public defenders handle a large number of criminal cases, including lots of DUIs. So, most public defenders are quite familiar with DUI law and defenses. Public defenders are generally well acquainted with the district attorneys and judges and know their tendencies—knowledge that can be beneficial for plea bargaining.

What is a standard first DUI?

Generally, an offense is considered a "standard first DUI" if the offender has no prior DUI convictions and the offense didn't involve any aggravating factors such as accidents, injuries, or a particularly high blood alcohol concentration ( BAC ).

Do DUI lawyers give free consultations?

Most DUI lawyers give prospective clients a free consultation. But even if you have to pay a small fee, it's likely money well spent. Bring your police report and any other case documents you have to the consultation to make the best use of your time.

What happens if an officer is on duty?

Depending on the investigation outcome, the officer might face consequences such as dismissal, administrative leave, or having to complete a substance abuse treatment program. If the incident involved the officer being impaired while on-duty, dismissal is generally the most likely outcome.

Can an officer with a suspended license drive a squad car?

For example, an officer with a suspended license can't operate a squad car and may be placed on leave without pay until his or her driving privileges are restored.

Do you have to have a background check to become a police officer?

All law enforcement applicants must pass a background check prior to becoming a police officer. However, a prior DUI conviction won't necessarily preclude an applicant from becoming an officer. Some police departments have particularly strict policies against hiring officers with prior DUI convictions. However, most police departments are more ...

Can a DUI affect a police officer?

But a DUI can also have an impact on a police officer's employment, especially if the officer was on-du ty at the time of the offense. Police officers who are arrested for driving under the influence will normally be subject to an internal investigation.

What happens if you are arrested for driving under the influence?

If the officer does have reasonable suspicion that you were driving under the influence, you will be arrested and transported to the police station or a hospital for a blood, breath, or urine test. Upon arrest, the police must read you your Miranda rights, reminding you that you do not have to say anything that may be used against you.

What to do if you are pulled over by police?

If the police pull you over because they believe you are driving under the influence (DUI), you may feel like you need to ask to talk to your attorney. In the U.S., though, most states do not have a law that says you may talk to a lawyer just because you have been pulled over to be questioned by the police. Technically, you are not in police ...

What is reasonable cause for police to pull you over?

It is important to be aware of what raises reasonable cause for the police to pull you over on suspicion of driving under the influence. They may pull you over, question you and administer tests to determine intoxication if they see you doing the following: Driving erratically; Driving excessively slowly; Speeding;

Why do police pull you over?

Police may pull you over for any reasonable suspicion of intoxicated driving. They may also pull you over for other issues with your car, such as having a taillight out. This information is important because if a police officer pulls you over without reasonable suspicion, it may get your DUI case thrown out.

What happens if you refuse a blood test?

If you refuse, the police will likely ask you to take a test to determine your level of intoxication or your Blood Alcohol Content (BAC). Police may also use other cues to assume intoxication, such as the dilation of your pupils.

Can you be arrested for refusing a breathalyzer test?

The breathalyzer test, or blood or urine test to determine level of intoxication may be voluntary, but, typically, you may still be arrested and charged with drunk driving for refusal to allow the test. In some cases, forced BAC tests may be done, especially if the driver under suspicion is injured and refuses a test.

Do you have to incriminate yourself when you are arrested?

You are not required to incriminate yourself in order to reply to questions posed by the police. If you are arrested, you will be able to meet with your attorney, who can advise you and help you respond to police questioning.