The National Trial Lawyers AIOCLA 2015 10 Best NAFDD 2nd Consecutive Year DUI Attorney


Category Archives: DUI Defense

Question: ”Four years ago, I was sentenced to 36 months of probation, community service, 20 days in jail, plus $1,100 in court fines. A week later, I violated my summary probation, for a DUI hit and run. I left the state for four years. Now, I would like to return to California, and take care of my warrants. Am I facing jail time? Someone told me I am facing four years for the violation and one year for the DUI hit and run.”

Answer:  in regards to whether you are facing jail time, the answer is “yes,” at least on the probation violation. The amount of time is variable, but far less than four years. With respect to your open case, it could be a year or more, depending on what was actually charged against you. However, more information would be needed before a more definitive answer could be given. I would suggest you contact an experienced criminal defense attorney who is local to the court where your matters are pending, and further, who has handled these types of matters before, as not only will they present you with options as to your open case, but they may have a better idea as to what the specific judge has done in terms of sentencing on these types of violations in the past.

Question: ”My friend was responsible for a first time DUI with injuries; specifically the injured person suffered broken ribs. On the inmate information site, it says my friend has priors, I am certain this is a mistake. What can we expect the outcome to be?”

Answer: You should contact local, experienced counsel. There can be enhancements for causing great bodily injury in this scenario, and further, as it appears there may be prior convictions that you are unaware of, each prior charge further complicates things. Is he or she on probation? If so, this conduct will result in a violation of the same, and will serve to add additional custody time to his/her exposure.

Question: ”I was recently pulled over, blew 0.18%, and released the next day. I am about to get hired for a new job next week. How long does it take for a DUI to show on your record/background check? Will it show up right away, or after you go to court?”

Answer: The DUI will not be visible as a conviction on your record, as you have not suffered a conviction. With respect to an open case, it is very unlikely that the district attorney has even received a report to review for filing yet. However, depending on the scope of the background check, if there in one pending, the may be visible already. Consult with an experienced DUI defense attorney, as proceeding with a public defender will not help you in dealing with your driver license issues. Remember, with respect to setting a DMV hearing, time is of the essence, and it must be requested within 10 days of your arrest.

Question: ”I am on probation right now for a DUI, will I be able to teach someone to drive with a provisional instruction permit? Do I need full coverage insurance?”

Answer: Generally, the terms and conditions of probation state that you cannot drive unless properly licensed and insured. As such you would need insurance. With respect to your license, have your driving privileges been fully restored, or is your license restricted? If restricted, it’s unlikely that you will be able to instruct anyone else, unless it somehow fits into the scope of your employment. Without knowing your occupation, I cannot state whether this would apply to you or not. If your driving privileges have been have been fully restored, I would still require additional information from you before providing a more detailed answer.