A DUI Lawyer Can Keep You Out Of Jail
Any DUI lawyer will tell you that even a first-offense DUI in California carries up to six-months in the county jail. While most first-offenders are not sent to jail, that all depends on many factors. For example, there are mandatory jail enhancements that require jail time. if the DA alleges that you drove with excessive speed or with a child 14-years or younger in the car, then you MUST serve 60-days of jail unless your DUI attorney gets the DA to dismiss the allegations. High blood-alcohol, a collision, or other aggravating factors can also lead jail time.
If someone other than the driver was injured, or if you have any prior DUI or wet-reckless convictions within the past ten years, then you definitely will face some serious time in the Orange County jail. A skilled DUI lawyer may be all that stands between you and jail. First, your DUI attorney will look for any legal weakness in your case. Lack of reasonable suspicion, improper use or maintenance of the breath-testing device, a rising or falling blood-alcohol, mouth-alcohol contamination, incorrect advisement, are some examples. If your DUI lawyer can find a questionable issue, he may be able to leverage a no-jail deal.
Your DUI Lawyer Knows Alternatives To Jail
If your DUI attorney cannot find legal leverage in your case, he may be able to convince a judge to allow an alternative to actual jail time. My favorite is home confinement or house arrest. This program allows you to go to work and to the mandatory alcohol program while you serve your “jail sentence” at home. Other possible alternatives include CalTrans (picking up trash), community service, private jails (which also allow you to go to work and the alcohol program), and drug and alcohol treatment at a residential or non-residential facility. The availability of these alternatives to jail vary depending on the judge and the courthouse. That’s why you need an experienced DUI lawyer that practices regularly in the courthouse where your case is being prosecuted.
Driver’s License Suspension
A DUI lawyer is among the small group of people on the planet who understand the complex, arcane procedures and rules surrounding the two suspensions handed down for a DUI. One misstep in this legal landscape and you will find yourself in jail for driving on a suspended license. Your DUI attorney can guide you through this morass of legal complexity. In most cases, your DUI lawyer can keep you driving right through the whole suspension period. It is important that you or your DUI lawyer call the DMV within ten days of your arrest and request a DMV hearing. Otherwise, the suspension will begin 30-days after arrest. This means you may not have time to do the things needed to keep driving. It also means your DUI lawyer cannot use the DMV to get evidence and cross-examine the police officer without a DA there to object.
Free Consultation With A DUI Lawyer
At The Law Office of EJ Stopyro we offer a free, no-obligation telephonic consultation. Call us today at (949) 278-6353 for your consultation and case review. Mr. Stopyro will be happy to explain the process and help you explore your options.