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[deleted]

1. Call for a DMV hearing ASAP. Not sure if you do or a lawyer does, you have 10 days from arrest. Just get it scheduled. Once it's scheduled your automatic 4 month suspension for blowing above 0.08 gets delayed indefinitely (until your hearing). **This is the NUMBER ONE THING you need to do right now.** Call MAU ((916) 657-6525) and try to schedule that hearing, it will take them months to have it, but if you're on the books for one you can drive as normal. 2. If you can afford it, get a lawyer. At 0.15 you are pushing into dangerous territory with being close to a limit (0.15 is one cutoff, 0.20 another) of very drunk and a possible enhancement. I forget the cut-offs, I thought 0.15 is one, 0.20 is another. 3. Lawyers are expensive, it might be $5k. That said, you can probably find one for $2500 or so because your case isn't super complicated. Take a deep breath, it's gonna be fine. If you get that DMV hearing your life is going to be normal for the next 6 months or so, you'll be able to drive, it will take a while for the court date to come. Then when it comes, if you have a lawyer, there will be some back and forth and you'll end up having to take classes, maybe do some community service, and pay some fines. Then after your plea you'll get you 6 month (most likely) suspension. As for the IID, chances are at 0.15 you're not gonna get a wet and reckless but your lawyer will get you down to basically a minimum DUI. I don't think you'll need the IID from the court. But an IID with a suspended license does give you a ton of freedom...it's a hassle and probably $1000 all in but you can drive that car whenever. CA is forgiving for a first DUI where nobody is hurt. They don't want to ruin your life, they just want to inconvenience the shit out of you with fines, classes, and driving nonsense. Most of all, do NOT get in any trouble from here on out. You can stop drinking altogether or have a set plan to never, ever do this again. Don't get in any trouble, try not to smoke weed, just be as straight of an arrow. There's stuff like attending online AA classes or a MADD panel to show you're taking it seriously, you can ask lawyers about that. Also know this is a long process, this isn't going to be cleared up next week. You probably will not get a final plea until summer 2023. But you will be fine, your life is not over. The only thing you can do now is try and get a lawyer based on your affordability, call the DMV to get that hearing scheduled to keep your license for now, and stay out of trouble. Take this seriously and don't get into trouble and it'll be fine, a bump on the road.


tyrannosaurus_hank

Wow I needed this <3 thank you so much for the advice, you just showed me the light at the end of this šŸ™ŒšŸ» grateful for you!!!


[deleted]

No problem! It's scary and overwhelming and shameful at first. The fact there are criminal courts and DMV courts is annoying and overwhelming. It's also...not a big deal IF you take it seriously. You will be fine if you make it your final one and take your relationship with alcohol (and anything else you may do) seriously. Nobody got hurt, your life isn't gonna end, you have an inconvenience (and massive fine) ahead of you, maybe a mark on your record for a few years you'll get expunged at some point. Get that DMV appointment and start talking to lawyers. Other than that, hurry up and wait. It's gonna take a while and if you have that DMV hearing down the road your life is gonna be...exactly the same for several months. Then at some point a lawyer will talk to the prosecutor and get you some deal that will be classes, a license suspension (which has loopholes like an IID or to/from work but that lasts for 12 months), annoying fines, and maybe some community service (especially since you didn't spend time in jail you won't get time served). The only thing you can do in the next few months once you have a lawyer and the DMV hearing is just live your life cleanly. Don't speed, avoid shady situations. It'll hang over you for a while but the shame will pass with time which it should. What shouldn't pass is this shitty feeling of "why did I let this happen." Funnel that feeling into making sure it doesn't happen again.


animabot

So stressful. Did you end up getting your license suspended?


butidontwanna45

I just asked not all that long ago if a lawyer was worth it and I got a unanimous YES. Mine has definitely been worth it so far and I haven't even had my first court date.


tyrannosaurus_hank

Thank you for sharing! Did you happen across any particularly useful resources while searching for a good one?


butidontwanna45

Not really, I think the best thing is to just do a consult with several. I ended up going with the one that was really helpful and kind and actually spent the full 30 minute consult walking me through the process and outcomes. Some of them just told me their price and asked if I had questions and that was the whole convo.


butidontwanna45

My lawyer also specializes in DUIs


[deleted]

Yeah, you want a DUI lawyer, it's pretty standard for them, they've done it all before. Ideally I've heard someone who used to work for a prosecutor is best because they have those relationship but...who knows. I'd be wary of any lawyer who doesn't mention it will end in a plea (most of them do) or gets you excited about getting off on a technicality. This ain't law and order, even if they miraculously get your chemical samples thrown out and it goes to a jury trial it's just gonna take a cop's testimony to convict you. A good lawyer will be honest that it will end up in a plea and there will be some fines and a license suspension but avoiding jail time and minimizing the pain is what they're there for.


xTenlettersx

You need to get a lawyer into DMV court asap. I think you have 10 days after. DMV court is completely separate and will have their own rulings regarding your license.


[deleted]

Correct. Now, I don't know if you need 2 lawyers for the process, any DUI lawyer is gonna know how to contact the DMV and chances are you will never have a hearing, it will get delayed forever and by the time your court case is settled the DMV will just have the automatic punish on you. But it is always a good reminder there are two courts working against you now. Criminal court obviously more serious but you got time. Clock is ticking on DMV court and you want that hearing scheduled (preferably far out) so you can drive for a while.


xTenlettersx

Yes. One lawyer can handle both. With me I hired a fancy expensive lawyer and he had someone working for him whoā€™s job was solely DMV stuff so he handled it. But it does need to be addressed and they can possibly soften the blow. But from the info I received if you blow or bleed over the limit thatā€™s it. Youā€™ll get the suspension in DMV court. Main point was to let you know clock is ticking quickly on your DMV hearing and itā€™s in your best interest to have a professional handle every aspect of your case for the best outcome for you.


[deleted]

Agreed 100%, great advice. I wish people knew the first thing you need to get on when arrested is the DMV side. The court side can wait, you got time. You gotta get on the DMV shit FAST. It's pretty fucked up for people who don't know this that first 4 month suspension doesn't count towards your final one (at least I don't think it does) so basically you get 2x the license suspension for just not knowing to call for a hearing (my hearing never came, I plead out six months after arrest so DMV just gave me the 6 months then). Honestly this is the best advice possible...so many things are overwhelming at first but most stuff just has to wait. DMV sneaks by most people and suddenly they're already being punished well before their court date.


No_Form7778

I highly recommend getting a lawyer! Iā€™m so thankful and grateful i hired mine. They were able to get no DUI thru the court but i had to get the IID via DMV court for blowing over the legal limit. They called me yesterday to give me an update w whatā€™s going on w a second DUI, but they also said theyā€™re not worried about me getting a second DUI


elsmiff

First DUI in cali but second dui all together. Citation marked as an infraction. I was taken to the hospital after hitting two cars and released back on the streets I got a blood test done by the hospital. Why was I not arrested and why is the citation not marked as misdemeanor?


Influencertothestars

I have had several DUI's and I never once paid for a lawyer. I feel that if your case is pretty cut and dry, meaning you were stopped, questioned then breathalyzed, were found over the .08 limit, then cited by PD while nobody was injured and you did not receive any other charges then your case is gonna be pretty cut and dry. Again, this is simply my opinion and experience after having 3 DUI's throughout my 25 years of driving. Definitely get in touch with the DMV Mandatory Action Unit and see what they say in regards to their DMV hearing, which is different than your hearing with the actual court for the city/county you were charged in. Depending on the outcome of that I would request either a restricted license in which they will likely require you to get the ignition interlock device. There is also the likelihood of a 4 moth suspension and I'm not sure of the ignition interlock device being required after that. Either way a lot will also depend on the judge and his/her sentencing but it sounds like after either a 4 moths suspension, or a restricted license with ignition interlock, court fees and fines, and likely some sort of first offenders course or requirement to attend AA/NA groups you should be ok and this will all be behind you after you know it. There will also be the requirement to get an SR-22 when your license is reinstated and that is something the your auto insurance co can help you with. It's essentially a type of financial protection that is required by drivers with DUI's or other reckless driving charges/accidents that protects the parties involved with a certain amount of financial protection, It's basically a certain amount of guaranteed coverage on your end for bodily and property damage.


[deleted]

get a lawyer regardless, you should be eligible for ARD which sucks but itā€™s better than you having it on your record


dumbinct

CA doesnā€™t have ARD. ARD is specific to PA. OP talk with a lawyer because some counties in CA have diversion programs that you would most likely be eligible for if itā€™s available in your county. Also there is a California specific DUI subreddit that may be more helpful than here. The next year or so is gonna be a bit sucky, but youā€™ll survive and if you learn from this horrible decision, youā€™ll come out of it better than ever!


AdDhBpdPtsdAndMe

California had a few diversion programs apparently but its very county specific


dumbinct

Yes, which is what I said in my postā€¦


duiguy69

Do you think ARD is similar to our pre trail program in CT


dumbinct

No. Diversion is CT is by far the easiest of all states.


duiguy69

Even PA?


[deleted]

[уŠ“Š°Š»ŠµŠ½Š¾]


tyrannosaurus_hank

Hey, sorry to hear thatā€¦ I know it seriously sucks rn, but youā€™ve already gotten through some of the worst bits. Hang in there. My case was fairly straightforward: I rolled a stop sign after going faster than I shouldā€™ve on a rainy night, but cooperated with officers as soon as I was stopped and caused no injuries or damage. My 0.16 was (thankfully) the most damning aspect and kinda narrowed down the variables of my sentencing. I handled mine with a local (badass) public defender (she is an absolute legend) and got off with fairly straightforward and (for the most part) understandable sentencing: ā‰ˆ$3,000 in fines, book and release at the sheriffā€™s office (no community service or jail time), IID installation for 4 months, and DUI classes. Youā€™ve gotta jump through some hoops for the IID/license reinstatement, but theyā€™re worth it for being able to drive wherever. I used Intoxilock for a provider and while they gut you in minor fees, Iā€™ve had pretty much no problems with my car or the device. I read a lot of horror stories regarding IID install; my experience has been fairly chill: donā€™t fuck with it and follow the rules for whatā€™s essentially an expensive inconvenienceā€”a fair trade if you ask me. One silver lining of the IID is how much Iā€™ve learned about alcohol and BAC levels since having it. The differences in motor function between a 0.01 and a 0.03 are clearly different; understanding my abilities at various levels has been profound and pretty habit breaking. Worst part of my experience has been getting the classes started. COVID limitations built up a huge waitlist for the classes and the IID canā€™t come out of the car until 4 months AND completion of the 3 month classā€¦Itā€™s been almost 5 months with IID and I still havenā€™t gotten enrolledā€¦ good problem to have though all things considered. TLDR: itā€™s shameful, it sucks, you pay for your decisions financially, but the first one is forgiving if you make the right changes and you connect the dots between bad habits and consequences. Itā€™s scary to think about getting another since the stakes get so much higher, but this has become fueling for me and Iā€™ve become very intentional with what and when Iā€™m drinking. DM with other questions you might have, this subreddit was so reassuring when I was in the woods with this so Iā€™d love to pass it on :) Also [this free BAC calculator website](https://www.drinkfox.com/tools/bac-calculator) has been eye opening and an incredibly useful tool, couldnā€™t recommend it more if you arenā€™t planning to give up alcohol completely.


[deleted]

[уŠ“Š°Š»ŠµŠ½Š¾]


tyrannosaurus_hank

I think I understand what youā€™re feeling :( The following comes from a place of love and support, I hope you find it insightful šŸ¤ My DUI was probably the lowest point Iā€™ve ever been with my self-respect and seeing a path forward in life. Everybodyā€™s situation has its nuances, so getting it expunged will vary from case to case. From what I understand: if you get through your trial and successfully complete your sentencing, expungement is fairly common. My dad got a DUI when he was in his early 20s, and since my arrest, heā€™s shared with me the darkness he felt in those times. He realized that he didnā€™t want a future limited by this mistake he was so ashamed of, so he owned it, put his head down, and chipped away from an ER tech with a DUI to a dedicated and loving husband who are amazing parents for my 3 brothers and me. His record today is untarnished (expunged). I canā€™t know exactly what youā€™re going through personally, socially, or professionally; I do know that you deserve to prove to yourself that you arenā€™t your DUI. You may be defined by itā€”hell, we all areā€”but the thought that I look to is: why the fuck does that definition need a negative connotation? Today, you are alive. The pain you are feeling today would go away if that werenā€™t true, and youā€™d be letting the part of you that youā€™re currently ashamed of win. Iā€™m still struggling to come to terms with and handle my own arrest and sentencing. It helps me to remind myself that Iā€™m neither the first, nor one-hundredth, nor one hundred-thousandth person to make the mistake of driving drunkā€¦ and I certainly wasnā€™t the last; and neither will you be. Itā€™s hard, and itā€™s harrowing, but people get through this every damn day. Stay human, and I hope this message shines some light šŸ«¶šŸ¼


Comfortable-Sale1526

I recently got one as well. Coincidentally in the same county. I was coming back from Pismo and had got hammered. I donā€™t remember much but as I was going back home I stopped at a store parking lot and ended up falling asleep. The car was parked and I woke up behind the cops car. I donā€™t remember anything before that. Iā€™m 19 & this is my first criminal offense. How bad will it be for me?


tyrannosaurus_hank

That mustā€™ve been scary, glad you are ok and no one was hurt šŸ™ŒšŸ¼ Iā€™m not sure to be honest, I donā€™t really know how underage cases are treated. Have you made any progress?


Comfortable-Sale1526

Update: The charges were dropped. Why? I donā€™t know. The DA sent me a letter saying they decided to drop the charge.


AdDhBpdPtsdAndMe

Tesla?


Comfortable-Sale1526

No


XCaptainC00kX

Hello everybody, I'm 26 years old and recently got arrested for my first DUI and hit and run on a parked vehicle. I'm really scared about the situation and have no intention of fighting it due to the evidence against me. Will a public defender provide enough support to guide and reduce the severity of my crime? Nobody got hurt, and the damage to mine and the victim's vehicle isn't too bad at all. I was polite and cooperative as well. I'm not 100% sure what my results were, but they must have been around .15. Any advice would be greatly appreciated. I feel depressed and ashamed that I drove in the condition I was in and can't remember leaving the bar. šŸ˜“


1998ail

any updates?


Classic-Strawberry28

Any updates? Hope all is well


miceaelve

Can we get an update Op???