Who do you want as your Attorney? The Master or the student? Patrick Silva has 18 years of DUI experience, he has been published in DUI reference books, he has spoken in front of 100's of attorneys at conferences, taught classes to Lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI Lawyers How To Win.
With a hired lawyer what is the most likely outcome of my sentence for first time dui with .22 bac in Los Angeles?
I was pulled over for speeding at 80 mph. Officer paced my speed from behind. No radar. Refused breathalyzer in field test but blew .22 bac at police station. first dui. No prior arrests, clean record. Metropolitan courthouse. I would like to know what is the most likely sentence of my scenario with a very good dui lawyer...thanks
Assuming it was a legal arrest and all the evidence is admissible, a good attorney will make sure that you do not go to jail for any amount of time on your first DUI. You will get the statutory fines and penalties, the normal DUI-related classes and be placed on informal probation for one year. The breathalyzer puts you in a potential enhancement range which means essentially that the judge could order special classes for you, but this does not mean jail time.
Hiring an experienced criminal defense attorney can help in several ways. First of all, there are mitigating things you can do before your arraignment to soften the blow such as attending AA meetings. The Public Defender, if you qualify, cannot advise you of anything until they are appointed at your arraignment and they don't do the DMV Hearings to try to save your license (a long shot with a .22 BAC). Further a private attorney can appear for you so you don't have to miss work since this is a misdemeanor. Many of us have built relationships with the prosecutors that also help getting you a good deal.
To answer your question, if you just go in and plead, and there was no accident, kids under 14 in the car or going more than 30 MPH over the speed limit on a freeway or 20 MPH over on a street, your sentence will probably be:
12 to 36 Months of informal probation
9 month alcohol program
Possible additional AA classes or have to wear the SCRAM due to the high BAC.
Patrick J. Silva - Attorney at Law
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