Los Gatos, CA DUI Law Firms & Lawyers

It is entirely possible. You face felony DUI, hit and run, and other misdemeanor charges. You'll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors? evidence when appearing for arraignment at the first court hearing. The charges actually filed by the prosecutor will determine how much time could potentially be imposed. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested and/or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest. Whether or not you can be convicted of public intoxication without a breathalyzer tests depends on many fact which are not included in your question.

If you were at your home and in your yard, not on the public street, then you cannot be convicted on a public drunkenness charge. Reason for that is because your home (and yard) is considered private property and not public property and therefore you're allowed to consume alcohol while being on your own property.