Solana Beach, CA DUI Law Firms & Lawyers

Although the statute allows for up to 2.5 years in the house of correction for even a 1st offense OUI, it is far more likely that you will receive 1 year of probation. Most Assistant District Attorneys will allow a person, especially represented by counsel, to plead to a 1 year of probation with drunk driving classes. You really should have an attorney, even if you plan on pleading Guilty to this offense. In 9 out of 10 cases (my own rough estimate, nothing scientific) defendants get a far better disposition with an attorney than they get pro se (without counsel). What is even more important is that you never know if there are any issues that can be challenged in your case unless an attorney, experienced in OUI/DWI/DUI Defense reviews the file. There could be a problem with the stop, the breath test administration, its results, the booking video could reveal something... there are many pitfalls that police officers, even experienced police officers fall into. I can't even tell you how many clients I have had who told me the story about an earlier conviction that they "saved money on" by going without a lawyer only to listen and hear things that could have saved them a conviction. I have no idea if you have any issues in your case that could be challenged that may effect the outcome. But that is exactly the point! No one will ever know until it is too late if you go in without an attorney and plead guilty to any criminal offense. Furthermore, since the court will provide you a lawyer if you cannot afford private counsel, there is really no defendant who cannot afford to at least let a lawyer review their file and advise them. I wish you the best.

It is the crime of driving recklessly (breaking some traffic law) while you had alcohol in your system. It is sometimes offered as part of a plea deal when the DA expects that he/she will have a difficult time proving that the defendant was actually over the legal limit of 0.08 at the time of driving. It carries significantly lower penalties than a DUI. In most cases, a prior "W&R" is treated as a prior DUI if the defendant is later arrested on a subsequent DUI.

You are possibly facing a year in jail on the 2nd DUI [priors increase the penalties] and revocation of probation and return to jail on the first DUI. No humor intended: if you can't do the time, don't do the crime. 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? While this isn't a 'capital case', it certainly carries potential time, so handle it right. 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. At least your BA was not over the legal limit, but the officer still arrested you for under the influence because of your driving and FST failing performance.