Durham, CA DUI Law Firms & Lawyers

Yes. He can be charged in New York State for DUI. You will have to consult an attorney in your State for more specifics. It is also underage drinking for which he could face separate penalties before the Dept. of Motor Vehicles. But, he can't face both.

The penalties for a first time DUI are as follows" - Usually 4 to 6 months license suspension, but you may be eligible for a restricted license (to and from school and/or work). If your blood alcohol level is above .20 then there is a 10 month restriction, as well as other enhancements for excessive alcohol. - Fines from $390 to $1,000 plus penalty assessments and court costs which beings to the total to about $2,000.00. Your car may be impounded for up to 6 months. Up to 3 year optional ignition interlock device installed on your car. - 96 hours to 6 months jail sentence, at least 48 hours of which must be continuance. If you have had a prior DUI within the preceding 10 years, it could be charged as felony with between 1 year and 3 year jail sentence. Depending on the County where the arrest occurred, generally a 1st time DUI offender, with a good attorney, will do little, if any, jail time. However, the defendant will need to jump through some hoops and will be on informal probation from 3 to 5 years. The courts usually order that the defendant pay a fine and penalty assessments which amounts to approximately $1,800.00 plus various other court costs and fees, and either community service or community labor. In addition the defendant must enroll and complete a DUI program. Some courts also require that the defendant participate in a HAM (Hospital and Morgue) Program, MADD (Mothers Against Drunk Driving) Program and have their license suspended. Some courts also require an interlocking device be placed on the Defendant's car, although they can, and sometimes do, defer this to DMV. However, due to the "crash" in your case and the high bail ($30,000.00) it sounds like you may be facing a felony DUI with a potential jail sentence of 1 to 3 years. You may have been overcharged by the police, which happens often, and when actually filed by the D.A. you may only be facing a misdemeanor DUI, however, the possibility for a felony DUI charge is there.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Were you arrested for either the DUI or hit and run or both? Did the police arrest you or take your driver's license? Have you been charged and do you have a court date? I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. She would then be in a better position to analyze your case and advise you of your options.