What Happens to First Offenders Under the California DUI Laws

Remember after January 1, 2003 ALL persons convicted of a DUI in California (23152) will be required to attend and complete a level one program (whether the court sent you to one or not!).

One question I get more than any other is "What will happen to me in the court on my first offense for DUI in California?"

If you talk to a DUI attorney that knows the ins and outs of the California DUI laws, there are all sorts of variables to consider. Usually you will not give a clear answer. After ten years of working with first offenders I can tell you within a general framework of what MOST DUI (VC23152) first offenders receive in the 10 county Bay Area.

First Offender Penalties

In Court

$1200 fine.
3 years probation (informal - no probation officer).
3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.) OR
90 license restriction (to start AFTER 4 months DMV suspension is over).
First Offender School (3/4 months long).

This is in addition to the four months immediate DMV suspension that starts 30 days after your driving under the influence stop.

These two ACTIONS (court and DMV) are SEPARATE and do not influence one another. Many times someone gets their license back by going to the DMV hearing and then is convicted in the court. Or, the DA drops the charges and the DMV still suspends your license!

With the conviction in the court you are allowed to get a restricted license AFTER a 30 day hard suspension (after the 30 day temporary license period is over = two months after your DUI stop). This allows you to drive to and from work and in the course of your employment and to and from the DUI class. The only 'draw back' to the license restriction is that it is restricted for 5 months (they say 6 but the DMV counts the first month of suspension). OR you can ride out the 4 months suspension period and get you license back. BUT, once the court notifies the DMV that you have been convicted of driving under the influence or a wetreckless and as part of your probation you have been sent to a First Offender Program. The requirement to show proof of completion of the program will be added to the list of items needed (Proof of Insurance SR-22 and pay $125 to get your license returned.

Remember after January 1, 2003 ALL persons convicted of a DUI in California (23152) will be required to attend and complete a level one program (whether the court sent you to one or not!)

This is GENERALLY the way it works for those convicted of a misdemeanor first offense DUI.

If it is your first offense you will need a California DUI Lawyer.

Tags: California DUI | DUI Laws

Posted Saturday, March 01, 2008
Filed in California DUI | DUI Laws | Permalink | Comments (106)

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1994 wet reckless conviction

Posted by Dale Ornellas at 2007-10-21 08:11

I need to know something I was sentenced in 1994 for a wet reckless and the court just gave me a fine, 2 years later the dmv suspended my license and said I had to complete a 6 month dui class to get my license back I never did and now I want to except the dmv now says I have to do an 18 month dui class and that I cant get a restricked license at all I have to do the entire 18 months.Can dmv do this I have nothing on my driving record not even the dui its my first dui shouldnt I be able to fight dmv for the 1994 law for dui class and also to get a restricked license once I start the classes please let me know what I can do to get my license back, Thank you signed Ddale Ornellas

Wet Reckless DMV

Posted by sandy at 2007-11-09 09:31

Well Dale, I'm not an attorney, but neither is the DMV. The DMV is an administrative office that consistantly does thing to people that are prevented by law, but allowed by administrative rulings. One option would be to get an attorney as ask them to file a writ in your behalf.

second offense

Posted by erol at 2007-12-05 09:28

Need help/ advice...I had my first DUI five years ago. I'm a good driver, don't usually drink and drive but made a dumb mistake again and got caught for it. I have a lawyer who feels that my case is rather difficult to win with the DMV. I am a full time student, work full time, have a dependent grandmother, and am applying for the AirForce Guard as a PJ. Is there a way to turn around a possible suspension on a second offense given these circumstances?

10 years apart

Posted by fernando escareno at 2008-02-28 13:02

i had a first time offence over 10 years ago. now i have this happen again. will this have jail time or heavier fines involved?

10 year look back

Posted by fernando escareno at 2008-02-28 13:10

what is the 10 year look back law about?

10 year look back

Posted by Bob at 2009-06-30 12:27

I had a dui in 88 then in 93 Now i want Leg. DR. lic.I never went to 2nd.offener school.what the ten year look back about.Plus in 93 i was told after 7 yr.i could get them back with no school.So in 2000 i tried to get my dr. lic.DMV said no still need to go to school'I pissed never been back,because i waited the 7 yrs.Do think i can get them back. THANK YOU!

2nd offense

Posted by ed at 2009-11-03 19:05

I had a 2nd dui 9 yrs after my first offense. When I went thru all my programs and completed probation for my 1st DUI , the law required my dui to stay on my driving record for 7 yrs. I know the new 10 yr law took in effect a couple of years ago. Was this law retro-active? I was under the impression that the new law was in effect for any convicted dui's AFTER the law was passed. Please advise. Thanks.

10 Year Law

Posted by DO at 2009-12-23 13:30

The 10 year period appies to all DUI's in the previous 10 years. This has been heavily litigated and the Court's have ruled this is NOT Retro-Active because you are not being subjected to punishment on your previous conviction. You are being subjected to punishment on your new DUI. So yes it does apply to DUI conviction prior to the 10 year increase.

10 year law

Posted by Carly at 2010-03-16 13:47

If you got a DUI, the 10 year law is that it stays on your record for 10 years. It use to be 7 years but the law has since changed. So if you wanted to apply for a job that looks at your driving record and you had your DUI at least 7 years ago you now have an additional 3 years until it's off your record. Also if you get another DUI before the 10.5 year is up you will have a second offence and will have a higher penalty. DONT DRINK AND DRIVE! And you won’t have to worry! Call a cab...

Probation time

Posted by Ozzie morales at 2009-12-16 20:03

I received my first dui in oct0ber 0f 2007 i have been under probation for 3 yrs and abiding the probation. I made the mistake of only drinking one vodka tonic. 30 min utes later went to the store to pick up ginger ale and pizza. I then made an illegal turn and was stopped the officer checked my history and noticed i was still on probation so therefore took a breathalizer and blew .03 which is under will i still get my license suspended if so how will i get to work for i travel by car alot within my work?
pls reply asap
Ozzie

Probation time

Posted by Eugene at 2010-01-11 20:43

Ozzie, if you're in California, I'm sorry to say that after the first dui you have zero tolerance. This means that .01 and above can get you another dui/license suspension.
If the cop didn't write you another dui ticket for the .03, then your license may still be ok. If he wrote it as another dui, then I think you're screwed.

airforce

Posted by Rocky brown at 2010-02-02 18:26

the airforce does not accept drunk driving scumbacks like you.You can go to girls scout or try the local bar.

I was absent to court what is going to happen to me

Posted by hector roman at 2007-12-31 19:51

please let me know as soon ass possible , I am very scared cause I have never had a ticket in my life and the fisrt is a dui.

10 year look back

Posted by fernando escareno at 2008-02-28 13:32

what is this law about???

no show in court

Posted by Causeyousuck at 2010-03-16 13:50

You know well in advance that you have a court date. And if this is so important to you to keep your license than you show up! Cuz if you don’t you are considered a no show and could get a warrant. You better call and see what the judge decided to do to you for not showing! You may have a warrant for your arrest! I bet if you knew there was going to be free beer there you would have remembered!!!!

dui class

Posted by james bumpas at 2008-03-08 17:08

i got a dui in calif 2006 and went too court aug of o7 i got a 9 month program i have a cdl lience and could not fine work in calif so i had too move back out of state too support my family is there anything i can do too get too drive in calif and finish up my class

DUI class

Posted by Robynn at 2008-10-12 20:07

California is the only state that you cannot get an out of state transfer to complete your DUI program. To get your license back, you'll have to complete your program, in California, unless that changes. I don't see it happening any time soon. I'm a DUI counselor.

Transfer DUI to another State

Posted by Steve at 2008-10-23 14:45

Solano county court allowed me to transfer my dui program to another state when i moved. CA DMV allowed me a waiver as well, so it can be done.

about your transfer out of state

Posted by ryan at 2008-12-03 18:16

I was aondering if you think I can do the same as you I have currentely moved to Oregon and my court vase for my second dui is in California.. My lawyer said he will try to movemy classes up there. Do you think this is possible?..And how does the waiver thing work could you please help me oout with my questions thanks. Ryan

DUI transfer

Posted by Alison at 2009-01-22 20:44

Tell me more. I got a DUI with a 148 (delaying the investigation) I took it to court and got 120 days. Because of this I lost my license, then my job, then my home (in foreclosure), then custody of my children and any support from my ex-husband. Now, I have no money and no place to live in California. My brother has a job and place for me to live in Montana. How do I get this transferred?

Yes it can be done

Posted by Roy at 2008-12-23 19:19

I got my first DUI in California and they allowed me to transfer all my stuff to another state and even DMV allowed me to have everything transferred and as long as the states are no connected with each other through DMV then you are allowed to drive in that state as well. Cause when I moved to where I am at, they allowed me to drive and everything and I finished everything and everything got cleared in California so yes it can be transferred but you have to have the court approve it and it must be a good reason why you are having it transferred.

1st DUI no other offenses

Posted by karen at 2009-05-29 13:43

I was stopped and taken to county jail. Blew 1, but they did not take my license. I have an attorney, but am wondering joyfully, why they didn't take my license? I'm new to CA, so is there a reason I need to be aware of, e.g., do I need to also get in touch with the DMV aside from taking care of the DUI? Thanks.

first dui

Posted by deanne williams at 2009-10-20 15:42

My daughter got into an accident. The report is not available so I cannot tell you who was at fault. Both drivers were arrested for dui. The other driver did not have insurance. I was told that due to the no insurance, he will get the blame is that true? My daughter bac was 2.1. Never been in trouble and is 30+.

DUI

Posted by MARY at 2009-12-08 19:45

I MOVE HERE IN SEATTLE 2000,BUT THAT TIME I STILL USING MY CALIFORNIA DL..AND THEN 2002 GOT CHARGE DUI BUT I DONT HAVE WASHINGTON DL ONLY CALIFORNIA DL,I WENT TO COURT AND FINISH EVERTHING,,BUT MY QUESTION IS HOW CAN I GET MY LICENSE BACK?SHOULD I CALL CALIFORNIA DMV OR WASHINGTONG DMV TO FIND OUT, THANK YOU

DUI CLASS & PROBATION

Posted by SUSAN at 2010-01-08 03:43

MY DAUGHTER GOT A DUI LAST JAN. SHE IS ON 3 YEARS PROBATION. CAN SHE MOVE TO HAWAII WHILE ON PROBATION IN CALIFORNIA? SHE DOES NOT HAVE A JOB YET IN HAWAII, BUT MARRIED A MARINE WHO LIVES THERE. I AM HOPING THERE ARE LAWS TO KEEP HER FROM MOVING UNTIL COMPLETING HER PROBATION SINCE I AM AFRAID FOR MY GRANDSONS WELFARE.

re dui classes

Posted by casey at 2008-10-28 17:20

i got my first and only dui in 5/2007, i enrolled and paid for my dui classes for about a month and a half then my husband was re stationed to germany so we moved from california and i have been unable to finish, i see that they have online classes, but not valid in california. i called the court and they said that my liscense would be suspended for 3 years if i didnt complete, if i am unable to finish my classes will anything happen with the courts? i was told no by the dmv, but i want to make sure.

underage dui

Posted by Tim at 2008-04-02 23:55

i was recently pulled over after drinking. im 19 and my BAC was .044%. The officer issued me an administrative per se. I'm scheduled for my dmv hearing on the 28th. what will i be facing in terms of fines and restrictions both on the dmv's part and the state's part? i heard that there in an automatic $10,000 fine. Is this true?

Hmmm

Posted by Rman at 2008-04-07 01:49

Been doing research, listerine breath strip or oduls or some other "non alcholic" beer on a "mouth residue" breath sample there are studies on that. Proponderance is a tougher standard than resonable doubt.

oh yah

Posted by rman at 2008-04-07 01:51

if you smoke, acetone, when combined with ethanol, could give a higher reading on an infared machine

2001 DUI

Posted by emily at 2008-05-14 14:24

I got a DUI in May 2001 and at the time the california state law stated that it is on your criminal record for 7 years. I know the law has changed to 10 years. My question is am I covered under the 7 year law still or will I have my DUI on my criminal record until 2011 instead of 2008?

2001 DUI

Posted by scott at 2008-06-06 17:34

I am in the same situation. I got a DUI in 2001, and it is supposed to go off my record. If you get any info, could you forward it on.

Thanks,

S

2001 DUI

Posted by Atty at 2008-09-15 11:35

The answer is that you are NOT covered under the 7 year law. Your 2001 conviction can still be used as a prior for 10 years from the date of the first offense, so watch out.

2001 DUI

Posted by Tisbebe at 2008-12-30 15:57

A close friend of mine got a DUI in 2001 and thought that it would come off this year, but came to find out that the retro'd it back and now has the additional 3 years! So in his case... he has to finish it out for a ten year term... hope this helped.

same question

Posted by Raul at 2009-02-18 22:24

i had the same question, can you let me know if you get an answer? I got my dui when i was 18 in 2002 please let me know if it does affect me thanks

dui

Posted by cindy at 2009-05-04 18:43

you will have that on your criminal record until 2011 since the law changed while it was on your record.

drunk driving

Posted by Daniel Maldonado at 2008-05-22 12:10

i am eighteen and got caught drunk driving with an alcohol level of 0.08 i was cited for that and also open containers.

dui and getting your license back

Posted by jeff at 2008-07-11 18:45

hey i just got a dui on may 1st and i was just wondering when you got your license back do you get it back after dui classes?

dwi

Posted by joe at 2009-01-22 15:46

will the dwi stay on my record what are the penalties in tx what can i do so that it dosn't stay on record

FIRST TIME DUI AND WITH DRUGS AND ON PROBATION

Posted by Kay at 2008-09-01 15:35

My boyfriend just went to jail this morning 9/1/08...he said they pulled him over for speeding and immediatley took him to jail.. inpounded the car.. he is on probation until November and they found marijuana..i called the detention center where he is located and the officer said he will be released today...also there is not court date scheduled.i am clueless to what happens next

DUI 21352(VC)

Posted by carrie at 2008-09-28 10:29

I was stopped on base Camp Pendleton on Sept. 05th, 2008 approx. 10:30pm at the back gate, and i honestly don't remember how i even got there. I don't remember leaving the Vons Parking lot that evening after many attempts to activate my new AT&T go phone at the payphone. I was arrested and charged with a DUI 21352 (vc) I take Prescription Meds, and have never had an issue or problem before, but i had spent a good portion of the day at the beach, hadn't eaten anything but a banana, and was a little bit tired.. The Oceanside Police were called out and they had me do some field sobriety tests, in flip-flops which are too big for me to begin with and i was borrowing my Dad's car (stick-shift) while he was working on mine..
They took a blood test because I guess I didn't fill the cup up enough (urine) although I begged them to let me wait, because i hate needles and having blood drawn (bad experiences) Anyways, I've never so much as even had a traffic ticket and wouldn't drive if i was impaired.. It's possible i may have been drugged.. What's going to happen?

DUI 21352(VC)

Posted by tim at 2010-02-04 03:13

samething, im waitng on the blood results, i had a dam prescript for the klonopin, will it even show up..im in texas but what was your outcome, please samei have the same story flip flops and all.

second dui in 1998

Posted by kent at 2008-10-10 01:07

I got a dui in 1998. Since then I have not tried to get a California license. Well, up until yesterday.

At the dmv they said i must complete a program in order to get my license. When I asked them 'what program", they said I would have to go to the court that sentenced me to find out.

Isn't there a 10 year rule or something?

Dui - I have same situation as kent

Posted by courtney at 2009-01-17 04:24

Kent - did you get your answer? I have the same situation...
It's been ten years later this year so I am hoping my license will no longer be suspended. Advice?

DUI

Posted by Carrie at 2008-10-10 04:23

What if I have been drugged that night.

bad lawyers

Posted by igotcaught at 2008-10-20 15:53

Never hire DEWITT & CHELBERG a law corporation, attorney at law James "Jay" Devitt" in santa monica, ca.
hiring DUI lawyers might just be an unnessesary expense, on your court day LISTEN TO THE OFFER MADE BY THE DISTRICT ATTORNEY, and just say NO! i dont agree, fight your case for the lesser sentence offered! my awful story is Mr. Devitt was hired to represent me, he promises to go as far as one year fighting for my case, he was paid in advance and basically he just took my money and split, i only met him at my first court day and never received a call back from him, for all my follow ups at court i have had to miss work to attend, Mr. Devitt never explain to me what all those DMV letters ment, (some say suspended license for 3 months, other 6 months, one 1 year) his answers were all the same "i'll get back to you" and it never happen.

RE:bad lawyers

Posted by CW at 2008-11-14 22:41

Well "igotcaught" I have to agree with you so far, because if a person is "innocent" or has a case that is not black and white by any means, shouldn't have to hire an expensive attorney in order to plead one's innocence. But I guess you have to if you're not broke enough to qualify for a free public defender..
Thanks for confirmation that I'm correct in believing I shouldn't have to hire an expensive attorney in order for Justice to prevail.

DEWITT & CHELBERG

Posted by Jane at 2009-01-16 19:36

Well, I hate to say this, but the public defenders are just the same, only you don't have to pay an outrageous fee to be promised nothing.

Unconstitutional DUI Laws

Posted by Bob Ransom at 2009-10-04 10:01

I was found not guilty of 2 Arizona DUI offenses on 09/08/09. Guess what? I had a public defender as my lawyer. In my case I was really not guilty and the jury agreeded with me after hearing all the evidence. Good luck to everyone. Remember to never enter a guilty plea. I actually did a lot of research myself, so my lawyer knew I knew what I was talking about, how my blood was tested, a term called retrograde extrapalation, and Unconstitutional DUI Laws. The cop who arrested me thought he had successfully got me for 2 easy DUI's to make himself look good, but he had to face the reality that US Citizens who know our rights will stand up and fight until the end!!!!

dui mugshots...

Posted by Lealah at 2008-10-22 02:32

hey,Im a 24 yr old girl in California with 2 dui's under my belt,lame...my bac on the first one was .26,I fought it n got it lowered to a wet n reckless(.08),then 5 months later got caught again 5 blocks away from my house and blew a .30,so now Im doing th 18 month program and all that stuff.Anyways,needless to say I know a few things about having dui's in cali so if you have any questions feel free to e-mail me(Lealahgirl@aol.com)just subject your e-mail as DUI.

So my question is..anyone have a membership to one of those criminal record websites?or do you know of any website that I can lookup my mugshots for FREE?if so please let me know,Id like to find them...thanks!

1991 dui 4th offense

Posted by tyler at 2008-10-28 19:54

stopped drinking altogether 14 yrars ago , went to dmv today to get my drivers lincense 10/28/08 they said have to do a 18 month driving class and my license is suspended after 14 years with no problems are there no time frames here ??? i mean 7 years for murder but 14 years for a driving class ??when is enough enough ? do they make the rules up as they go ?? and when did dmv overule the court system ? bottom line is just dont drink and drive folks just not worth the problems but i dont understand what they see in a driving course after all these year pls let me know thx tyler

Dui back to back two Dui

Posted by Billy J Myers at 2009-07-09 22:01

I got these 2 Dui in dec 1992- 17 years ago in 1995 Dmv sint me a letter
in the mail and said that if I wanted my lincence to go to the Dmv with a hundred dollars take the written test and if I passed they would give me my lincence back I quit Drinking 16 years ago went to the DMV TO GET MY lincence they said THAT i DID,NT COMPLETE MY program (driving school)
I said there was no school in 1992 school is like 2000.00 dallors and the sr anyway I,m on socail security I,m 67 make $850.00 a month and if
I don,t get my lincence I,m going to be between a rok and a hard place

dui in july, now open container ticket

Posted by Amanda at 2008-11-16 15:28

i got a dui in july, and i am 20. i have to do classes, morgue, and a madd meeting. i recently got a ticket for an open container, while i was walking. im scared i will go to jail. im not 21 yet. whats gonna happen??

WHAT CLASS misdemeanor

Posted by mark S at 2008-11-20 10:54

I recieved a DUI in 1992 and need to know if it is a class A, B or C. I am applying to a law enforcement agency and I meet the time limit requirements, but if it's a class A I'm out.

dui after 11 years

Posted by Visa at 2008-12-13 01:41

If someone got a dui 11 years ago and just go another on is he considered a first time offender

dui after 11 years

Posted by Visa at 2008-12-13 01:54

What happens to a person if they received a dui 11 years ago and just got another one. I think the law says after 10 years it goes off your record.

DID_NOTHING2008

Posted by DID_NOTHING2008 at 2008-12-18 01:04

yall think thats crazy....get a load of this..................i was getting off work and i needed a ride home, so i had my friend come picc me up......now this aint no dui, this is a my friend is drunk driving and i get charged and arrested for his open containers.....now i aint been arrested b4...and if yall know, i wanna know whats gonna happen to me.....hehehehe ty ty.....now <<<<<thats bull s***....DID_NOTHING2008

my public defender is ignoring me, what do i do??

Posted by watsonville alkie at 2009-01-03 04:18

hi all. i need advice. i got arrested for DUI in august, and i thought about just pleading and getting it over with, but i thought i made the right decision to talk to a public defender first. He said if I agreed to plee in front of a high school classroom as part of a program, he'd be able to knock off a $1000 off of my fine. sounded great at the time, but now that its january 2009 im kind of worried. ive left messages, and it seems he's never available. and now 2009 has brought new DUI laws in CA, where I live. HERES THE QUESTION- should i cut the lawyer, say F the $1000 discount, and just turn myself in alone? keep in mind, my sentence for aggravated DUI (9 mos) would have been HALF OVER if i hadnt been waiting on a p.d. so 1) will the new laws affect me, even though i got arrested 9/08? and 2) should i cut this public defender, despite the $1000 off he promised me? 3) i havent driven a car for 4 months, can i use that towards my sentence, even though i havent been sentenced yet? and 4) ive heard that this situation isnt unusual, what do you all think? I feel pretty alone here, not sure where to turn to for advice... THANKS FOR ANY INPUT I CAN GET, AND HAPPY NEW YEAR!

PUBLIC DEFENDERS'

Posted by JD at 2009-01-27 03:41

THE TERM PUBLIC DEFENDER IS JUST THAT FOR A REASON. ONCE YOU COMMIT A PUBLIC OFFENSE IT SEEMS THE STATE NO LONGER SEES YOU AS FIT AS PART OF THE PUBLIC AND SO WHAT I MEAN IS THE P.D. IS DEFENDING FOR THE MOST PART THAT PUBLIC AND NOT **YOU**

I DUNNO, Just tying to help, but so far I don't think much of public defenders. I'll let you know for sure after February 19th, after my own DUI trial. I wish I'd get a deal to go speak to a High School to knock down any and all payments I will have to make IF I am CONVICTED. Mine is not for alcohol, but Prescription drugs.

DUI

Posted by austin at 2009-01-22 14:18

I got a DUI in dowmtown LA and I live in san francisco... I dont have the ability to go to and from the south. Does anyone know what I can do?

Change of Courses

Posted by Me at 2009-02-09 17:53

You need to go to court and get them to transfer your classes to somewhere in SF. Call one of the local registered DUI Programs in your area for further advice. You will have to go to court to get the program transfered.

Warrants...?

Posted by NBlea at 2009-02-09 11:05

I got my DUI back at the end of May 2008. I am 3 classes away from completing the OHS program. I have only my MADD and the community service to finish, but I'm past my due date attending the MADD meeting and my last day to complete community service is TODAY! I only have one more day of community service left. What can I do??? They say that if you don't complete these things on time you get a warrant for your arrest?? Is there anyway to avoid doing jail time for this. I'm really scared and if I go to jail any days I risk losing my job, which is already going through the process of many lay offs this month. HELP please?

DUI

Posted by RAUL at 2009-02-18 22:19

I GOT A DUI IN 2002 WHEN IT WAS SEVEN YEARS ON YOUR RECORD. WHEN THE LAW PASSED TO BE 2010 THEY SAY EVERY ONE WITH A DUI HAS A DUI ON THEIR RECORD FOR 10 YEARS DOES THAT APPLY TO PEOPLE WHO HAD A DUI ON THEIR RECORD FOR 7 YEAR? DO PEOPLE WITH A DUI CONVICTION ON THEIR RECORD FOR SEVEN YEARS HAVE TO GO THE FULL 10 YEARS WITH IT ON THEIR RECORD???????

dui

Posted by rhett at 2009-02-19 14:51

i had a dui in 2001. i never finished my 3 month first offender program. i went to dmv and they said i would need to complete this course or have a ( dl 101 ) form sent to dmv that shows completion. i've been locked up for awhile and i did all the time i can do on this dui. is there anyway around this 3 month course?

DUI

Posted by martin at 2009-03-20 04:08

I just got a DUI in February. Officers said I was pulled over because I was speeding, which I don't agree. They asked me if I had been drinking and I was very honest and told them the truth. I had drunk the day before and I even passed the night at my friends house. I went home the next day in the morning because I felt 100% sober for driving but they still arrested me( only for a few hours) My question is: what is best to do in court plead guilty or not guilty? everybody tells me to plead guilty because I do not want to be in court more than once. Please get me some advice!!! Thanks

DUI/DRUGS

Posted by Sue Salinas at 2009-03-31 05:18

I was arrested for the first time for a DUI & I had some pills that were not prescribed to me in my purse. I blew a .08 then the blood came out .09. I have a scrip for diazepam so they wanted to check my benzo count which probably wasn't very high. Anyway, I also had 3 somas and I think a half of norco which I never take in my bottle along with some klonopin. When they did the blood/urin test will they check for other stuff? Like meth? I did some of that that nite too. God this is sick. I got an attorney cuz it's my first so what do you think they'll do to punish me?

Punishment

Posted by Lyra at 2009-04-01 19:07

They probably will check your blood or urine for anything, but most li
kely even if they find something they will probably drop those things in a plea bargain, especially if you do not have much of a record. I think by the sound of your story, you will end up with a "driving while under the influence" On a first drunk driving (I have not had one, but many friends have) you will get some community service, probation where you will have to do random drug and alcohol tests and maybe a class or two and some fines of course. That's about the average here in Michigan anyway. Good luck, and it was smart to get a lawyer, the courts would have given you an appointed attorney anyway.

first DUI

Posted by Britt at 2009-04-14 14:51

Hi my name is Brittany! I was just kinda wondering what happens when getting your first dui! I have a clean record, I got the dui a month ago! I have court may 12th! What happens after getting the dui?
Thanks,
Brittany

dui case i need HELP

Posted by bobby z at 2009-04-24 17:49

hiiii, i have a question about a DUI that i got in 2001. I'm from Modesto, CA but i got a DUI in the state of Iowa while i was going to college . i got conviction in the state of Iowa on 5/11/2001, i never lost my drive license but about a week ago i got letter in the mail from dmv saying my privilege to operate a motor vehicle is suspended effective may 11, 2001 and shall not be reinstated before Nov 11,2001. dmv suspension my license and want me to go the dui school for 3 months and get a Sr-22 for 3 years. i had a drive license from 1996 to now, they just suspended my drive license on 4/24/09. can anyone help me out.

dui

Posted by lee zeug at 2009-11-13 09:04

i too got a dui in modesto ca funny thing is i had to take the classes twice, court lost my paper work and had to spend 15 days in jail, lol i went to jail vol, and lol they had no record of me having to go. any ways i got my dui in 1997 and its now 2009 and i moved to ill and catch 22 guess what i cant still get a liec, here either calif has a hold on it. why is that? funny thing i had a ill liec, when i got my dui and illinois says there is no record avail on me. so what should i do? lisa

Underage DUI

Posted by Alex at 2009-05-03 23:54

Well I was pulled over because of a small citiaon because my license light was out.I also had 2 passengers in the car and one of them was very drunk and the other one wasnt and myself I had two beers but earlier in the day and also when i was pulled over I still had my provisional and it was passed curfew.

What is going to happen to me?

Underage DUI

Posted by Fary at 2009-05-05 17:05

Ugh! So I got a DUI last friday, 5/2/09. I am 20 yrs old. Whats going to happen?? Im completely lost.. and scared. I have no criminal or bad driving record, just made a stupid mistake. What do i do???

Got Reckless Driving (from DWI) Second Offense DUI

Posted by Brian M. at 2009-05-05 22:19

Back in 2003 I was charge with DWI or DUI for begin under the influence of Marijuna and receive reduce offense to Reckless Driving, to the best of my knowlegde I paid a fine and receive three years of summer probation with no probation officer.In April 2009 I got a DUI, shedule to go to court in May 2009, my question is with my history what could be the worst case scenario that can happen? Please Help, thanks again.

How do I find my records of my DUI

Posted by PJ at 2009-05-20 11:58

How do I find when I got my DUI and when it was discharged in CA?

4th dui

Posted by jonny at 2009-06-25 00:19

what happans when you get a fourth dui???

4th dui

Posted by Erica jones at 2010-01-15 21:26

You most likely do jail time.

DUI BAC allowed after 1st DUI

Posted by Derek at 2009-07-30 00:12

I got a dui in CA, this is just a curious question. My court date is in a few weeks, but if I drink 1 beer, and lets say that I have a BAC of .03 while diriving and get pulled over, even though I got a dui a couple days ago, is that illegal?

BAC after conviction

Posted by KL at 2009-08-25 16:28

Yes...In the state of california you DO NOT have to blow a .08 to be convicted of a DUI. Also, you have a nifty pink paper instead of a driver's license and if you present that to the police officer and you smell like alcohol you are done for....

My suggestion - It is not worth the risk AT ALL to get behind the wheel of a car with any traceable amount of alcohol - night as well get used to it - that will be one of the terrms of your probation once convicted...

Hope this helps...

DUI classes after ten years

Posted by Aaron at 2009-08-05 01:43

I had a DUI in 1991 and never went to any DUI class. Then got another in 1996 and never went to any DUI class. When I got out of prison, I went to get my license and DMV said I had to go to a DUI class. So, I went to enroll for a 1st time offenders class, not knowing I had a DUI from 1991. They told me I had to do a second time offenders class. If the DUI classes weren't mandatory in the years I received the DUI's do I still have to go to the classes to get my license back?

DUI_Meds

Posted by gss at 2009-08-08 19:46

Let us face it, some laws are good but the majority is created without a great deal of study or justifiable reasons. There are thousands of laws on the books in this so called free society, (I did my thing for this country) but it is obvious that the power is left in the hands of politicians elected by many hysterical people and extremely greedy people. The corrections system (a lot of irony in that comment) is a huge resource of revenue and expense in this county and look to criminalize. Now my story. I have been on a pain and muscle medication for nearly eight years. I have not changed these meds even though I can go to a much higher lever pain meds, I refused...as we say, suck-it-up and take the pain. I only use them when I need them. If I have to drive (by the way, no priors "DUI" and a ticket for more than ten years) I take them just before I leave to a nearby destination...has not kicked in yet. I was stopped by a NHP not ten minutes from my home and did not do my last dose but the night before, another word not DUIng. Big mistake to search for my wallet and talk on my cell as I drifted into another lane and the guy called me in. Okay, and I agree trying to fish out my wallet and on the cell phone is not a good thing to do as well...so what do you think happened (by the way, I am a legally designated handicapped person but still can drive very well) I got pulled over and was honest...handcuffed thrown in the squad car, taken off to jail, given no meds, extreme pain after hours, about 18 hours in a S... Hole, treated like an animal and felt like one. Anyway, I am fortunate to have two docs in the family, now I face the judge. These Dr. Policeman decided that I was a DUI guy (States going broke and needs the money, but the lawyers are flush) I am a professional and certified by the state and could loss big time because of these...oh heck; I will just say it "Idiots" and the county/State mad rush for injustice. My response to those in the same situation is, to gather and go after these jerks in a class action suit...I am in Nevada and am asking the ACLU as well. Not all laws are bad, but they are abused by some of those who love the power to do so.

blood sample

Posted by dumb at 2009-09-09 19:03

if they take a blood sample to see what you're alcohol level is, do they only check for alcohol or do they do a full check for other stuff.

License not taken

Posted by Borogovian at 2009-09-30 10:21

I was arrested for driving under the influence of marijuana, however my license was not taken. I want to be clear on whether I need to contact the DMV. I intend to within 10 days of the arrest if I get no contradictory information, I am just confused by the majority of sites that only talk about your license being taken and a temporary being issued.

Looking for clarification.

dui

Posted by JESUS GUTIERREZ at 2009-10-09 13:20

what is going to happend for my first dui and i am only 19 is it a good idea to reprensented my self or get a lawyer i have court on the 28 of october u coul email me
chuygutierrez@ymail.com

Arrested but not convicted

Posted by Brandy at 2009-11-20 14:27

I have a friend that was arrested for a DUI his bac was .06. He spent the night in the drunk tank and released the next day. When he pulled his DMV record it states DUI BAC .06. If he wasn't convicted sentenced or anything for it so why is it on his DMV record? Is this something that can be removed?

DUI completed then moved, punished again?

Posted by Lee at 2009-12-20 11:36

I got a DUI in CA, paid all my fines, completed the 3 mths DUI program, self help classes, and reinstatment fees. Lawyers fees too. (don't get one,your sentence is the same, its a waste of money)! got my licence reintstated in CA. Moved to VA, got a Va licence, and a letter of revocation 8 days later, back dated, so driving illigally?So I will be punished twice for same offence? Live in boonies, nothing near by, no way to drive anywhere, no public transportation or cabs. What is the procedure now? Funny thing is I called VA DMV Richmond main office, and they told me I would get my VA licence no problem if completed program in CA, now they are saying, oh sorry, she made a mistake. What am i to do now? School says they dont' know how long the programs are! HELP!

What?

Posted by Lee at 2009-12-20 11:40

Your answer is the same answer you post for every question everyone has put on here....Its not answering my question aobut moving to VA after I completed my CA programs.

dui/ AND PROBATION

Posted by marcel louis at 2009-12-29 12:13

IM allready on Probation to a misdomeanor crime. And i got a DUI while still on probation, will this DUI violate my probation and send me back to jail, regaurdless of me going to school and work?

wet reckless

Posted by mike at 2010-01-01 22:43

i had goten a wet reckles and my licenses suspened for one year and now the year is up, how do i go about gettn my licenses back ? will they mail it me or do i have to re apply for a new license ??

? on insurance after DUI

Posted by Kellie Wilson at 2010-01-10 17:29

My 18 yr old daughter, who is a rated driver on our insurance policy, is going to court for a DUI on Friday. She wrecked her car & has been driving my car to/from work on the temporary license. I just made my last payment on our insurance policy which expires 5/5/10. Should I take a chance & just sit tight in hopes the Ins Co doesn't find out (obviously when it renews she'll be on her own) or should I removed her after the inevitable conviction on Friday? Our attorney is of no help on the issue so any thoughts/advice would be greatly appreciated!

DUI insurance

Posted by Margie at 2010-02-10 00:55

You need to take her off your policy right now dont let her drive your car (Ever) Your risking everything you own if she does it again or crashs (You'll be sued) its your policy IE its your responsibility alot of pepole dont relize when you add a family member to your policy you suffer when they mess up dont beleave me simply call and ask who your car insurance policy is thru (Good Luck) I hope your daughter grows up she has a better chance if you let her walk thru this on her own that way she'll learn when you dont follow the law you pay a high price then chances are good she'll never do it again.

Question

Posted by Reformed!! at 2010-01-12 16:27

I had some dui's in CA. I have stopped self medicating my problems and no longer have any desire to drink. To make a long story short........ my mom wants me to get my license back as she has cancer. I have no court obligations but only with the DMV. They want an 18 month program. Since I don't drive... can I take this program online? Since it is just a DMV requirement can the fee for the course be waived? I have not been in any trouble since 2004. How long can a dui stay on my record? I'm not interested in lining real criminals pockets (ie insurance). I am actually happier not driving and for that part not working. I thought at first with not working I would go back to drinking. But now I have so much more to live for and to not be wasted while doing it.

I kind of want to tell my mom it is just not worth it. But I sis tell her that I would look into it.

Thank you for any light you can shed on this issue.

18 month question

Posted by ERICA at 2010-01-15 21:34

so, I'm pretty sure you cant take the program online. You have to go in take educational classes, group therapy and face to face sessions, I am pretty sure you have to pay. i would just call the program in your area and ask. you can get your restricted license 6 months after you got your DUI. i think it depends on how many youve had etc.

what will happen

Posted by tamatha at 2010-01-15 13:37

my cusin was takin in last night on a dui she has one in the past from a diffrent state. how will that effect her

UNDER AGE DUI

Posted by Erica at 2010-01-15 21:29

I got a dui when i was 20, i just finished the program today and my year suspension is up next week, i would really like to get my license back on the day that i can, but OHS has to mail my certificate of completion to the DMV, how long will that take? and how do i know that it has arrived and been processed at the dmv?

how does 9 month program work

Posted by am at 2010-01-20 00:25

I am a first offender and need to complete the 9 month DUI program. How does the program work? I am clueless.

I got a DUI on MT on my CA licenses

Posted by Chris at 2010-02-05 05:01

I got a DUI in MT with a CA licenses in 2006 is it off my record? I took the DUI classes in MT but CA doesn't except those classes. I've had a MT licenses for about 3-4 years now. I just want to know if it is off my record or not?

one state to another

Posted by paul vasquez at 2010-02-10 14:16

i have recieved 3duis in california and have currently moved to texas. where do i go online to take the 18month course they are requiring me to take?

DUI waiver from texas

Posted by gpic at 2010-03-15 21:44

This may help someone.I cant say i beat california's DMV system but i am much much happier to say their is a way to get out of taking DUI courses completely.I had 2 DWI's in texas and 2 pendining felonies so i jumped my probation in Tx and came to california knowing some day i would be extradited back.Sure enough after 1 year in CA i got a DUI,went to jail,got an attorney and ended up with 3 years unsupervised probation.Then i Was convicted in texas of the 2 felonies.Got 7 years prison,let out after 6 1/2 years on parole.When i went to get my Texas license i was told i had a hold from california on me getting the texas license and i would need to get a waiver from CA DMV because i could not take any DUI class because i was extradited back to TEXAS.WELL i needed my license immediately to be able to work and satisfy parole so i went to the court house and got a court order for a occupational license.I then called the DMV in CA for the waiver.After a long process i recieved info the hold was dropped.I got my regular license in Texas.After driving with a perfect record and my parole expiring, i decided to return to my girlfriends house in CA.After awhile i registered my car in CA.When i tried to get my drivers license though CA DMV said i had to pay $125 reinstatement fee from the CA DUI and take the DUI clases.if i wanted a CA license,BUT if i was just visiting CA i could still use the Texas license even though i had california registration.However(and the DMV agreed),that the waiver states if i wait for 3 years after the vaiver was signed,i could then get my CA license without taking the DUI classes.What the heck.F*** Texas,ill probably take the classes anyway.Point is im still legally driving in CA.

3rd Dui-Classes

Posted by Jesse at 2010-02-11 16:13

I got one Dui in Las Vegas, NV 7 years ago and 2 Dui's in the state of California in the last 3 years. I have already been taking the 18 month Course due to second DUI. What will the DMV want me to do for 3rd DUI as far as classes go? Should I drop out? Do I have to take additional classes?

2nd dui?

Posted by Eric at 2010-02-19 04:32

ok, so well when i was 19(2007) years old i was at a gas station and police came to me. i did not know what to really do at the time, i followed instructions, my keys were not in the ignition. i blew but it was like a .024 which was nothing! Anyways...i dont think i was ever convicted of a dui just a suspension of my license for 1 year w/ no fee's or penalties that i ever had to pay. Now, a few weeks ago I was pulled over again, just 6 months after finally getting my license back. I failed to do the breath test and i passed 4/5 of the field tests from the looks of things. I was booked, and they drew blood...i'm awaiting the results.

Question is...since my first DUI was pretty much just handeled as a DMV license suspension...do you think this might just show as my first?

email me

DUI's

Posted by James D at 2010-02-24 00:26

I got a DUI back in 1990 and a 2nd one in 1994 and still to this day i CAN'T get a license in Illinois. I have had 6 formal hearings and on the 6th one they finally gave me a RDP. Now I just found out I have to have another formal hearing when my RDP expires. I CANNOT believe the SHIT the state of Illinois is putting me through. NOBODY has had it WORSE than I. I think because Jesse White is black and that I'm white that it's gotta be reverse racism. I know if it was the other way around a black man would think the same thing. What in the world do i have to do in order to get it back even after all these years???????

dui

Posted by ron lanie at 2010-03-16 17:03

hi i live in illinois and have not had license for 25 years now first dui was in n.c. when in the services and illinois took it for year then 1985 got dui then in 1999 got third what i do not get is why no permit or machine to tell truth i think illinois law and there formals hearings are shit and the judge is not judge how can it be constiounal to take person life liberty and pursuit of life away for so long not getting second chance now losing my kids to my x wife and totoollay broke so who do i get help from not the dmv not the classes i had to do who do u turn to for help

Does he still have to take a D.U.I class?...

Posted by cm at 2010-02-26 02:17

Okay so my dad had gotten his D.L taken away 20 years ago, so my question is does he still have to take a D.U.I class? or since it's been so long he could just walk-in dmv and take test? Thank you for your time. :)

McErlean

Posted by CHRISTINE at 2010-02-27 06:50

i was tested for alcohol and passed then one oficer wanted me to take a urine test....I refused because I have a stimulater implanted in my back and I was wearing a Fentanal patch on my back, I said no because that is a very strong medication (fake morphine and I thought that would show upso I said no,,,/well they charged ne with DUI anyway,what a nightmare,,,they wantd $2.500 bail but the Judge let me go until the court date. Do I have a chance?

DUI Maybe

Posted by Hydrowake at 2010-03-01 08:16

So yeah couple nights ago I got pulled over for drifting I was really tired from a long week of training before deployment. After i got off work though i went to have a few drinks with some friends. Against my better judgement i decided to take the hour drive home. I got pulled over I took a sobriety test and apparently failed. I got arrested and had to take a breathlyzer about 30 minutes later. They were gonna take my license but i got a .07. I still got taken to jail for the night and have a court date. I deploy March 29 and this is my first offense of any kind. I have a clean driving record until now and no criminal record. I'm wondering if i stand a good chance of getting it dismissed or coming up a wet and wreckless and help would be great.

Thank you

1st time DUI / Parole violation

Posted by Jessica Cardenas at 2010-03-04 00:53

My husband got a DUI Nov. 2009 he was 6 months away from completing his parole. Due to the seriousness of his crime the parole board sentenced him to 6 months prison time on a parole violation. He just went to court today for the DUI and they gave him 3 years informal probation, 8 days Jail in lieu of fine, 60 days Jail, 6 months First Offender Alcohol Program, and Mothers Against Drunk Driving (MADD) Victim's Impact Panel. He has already been in prison since November 19, 2009. My question is will the 60 days jail time start after his 6 month violation sentence or will they give him time served and release him. Or will they give him time served for the 60 day sentence but make him finish his parole violation?

allready on probation just got a dui

Posted by haley at 2010-03-07 22:37

my boyfriend was placed under 3 year probation for check fraud and recently got a dui. He is 20 what will happen to him?