Seaside, CA DUI Law Firms & Lawyers

Possibly. However, 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. If he has not already done so, I strongly suggest that he contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding his case. He/she would then be in a better position to analyze his case and advise him of his options.

All prior DUI?s within ten years count as priors for penalty enhancement. However, your attorney may be able to keep you out of jail, even with a prior, if handled right. Your attorney can try to negotiate anything you want. Getting it depends upon the DA and Judge being persuaded by your attorney in a plea bargain. If you go to trial and lose, it is only jail that can be ordered. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so, n timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. When questioned, arrested or 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? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. 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. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I'll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.