Clovis, CA DUI Law Firms & Lawyers

If you were arrested for DUI and failed to provide a sample of your blood or breath as required by state law, you will also be charged with a "refusal." A refusal can be won under specific circumstances, you should contact a local DUI defense attorney to determine if your case can be defended. A refusal has double the minimum statutory jail requirement (on a first offense), a one year license suspension (with no restriction available) and a DUI program of 9 months.

If you cannot afford an attorney then one will be appointed to represent you free of charge. It would be unethical for me to give you direct legal advice because you are not my client. But, some general principles are presented. Your 0.17% BAC is relatively high. Even though it is your first offense, you may only be offered a plea to a DWI instead of DWAI. DWAI is only a traffic infraction. There will be a lot of consequences to a DWI plea: Your license will probably be suspended pending prosecution but you may be entitled to a hardship privilege to drive to work. If you plea to a DWI misdemeanor, then you want a conditional discharge and not probation. Probation is a bad outcome because the Probation Department can and typically does prevent from driving altogether for an extended period. You definitely don't want probation. Your license will be revoked for six months but you may be able to get a conditional license for limited driving privileges during that period. Also, there will be a fine of up to $1,000.00, a $400.00 surcharge, a $750.00 DMV driver safety assessment, $75.00 to enroll in the DMV Drinking Driver Program (DDP) if you haven't already done it in the past five years and up to $225.00 for the DDP program itself. Then you will also have to pay your attorney on top of all of that.

If you mean is there a limitation on the amount of time in which you may be prosecuted after indictment for your DWI, and you are still going to court for it, the answer is "no" if the delays have been caused by you or at your request (i.e. you attorney's request). Have a good conversation with him or her about the delay and why it is to your advantage to do so.