Everyone knows that there is nothing good about being arrested for a DUI. Many people in this situation have questions and do not know how to get answers. The good news is that Law Office of Michael L. Fell is here to answer all of your questions. Just read on to get some of the most common answers we give or call us at (949) 585-9055 for a free consultation specific to your case.
- Will a DUI Conviction Show Up on My Criminal Record?
- Will I Go to Jail if it Is My First DUI?
- Can My Attorney Keep Me Out of Jail?
- What Does it Mean to “Refuse” to Operate?
If you are convicted of a DUI then yes, it will show up on your criminal record. This is true whether it is a misdemeanor or a felony. However, if you have simply been arrested for a DUI then you still have options. Even if you were guilty, a diversion program may help keep a conviction off your record. Let your attorney help you find the right way forward.
Apart from the night you are arrested and likely spend in jail, you are not likely to be sentenced to jail time the first time you are convicted of a DUI. Of course, if you caused serious damage or harm to another person then you likely will go to jail. In California, the maximum time you would serve for a first DUI is six months unless someone is injured, in which case you could be charged with a misdemeanor with injury and spend 12 months in jail.
If someone is killed as a result of your DUI then you may be charged with a felony which could potentially come with prison time even for a first offense. There are many other consequences for a first-time DUI offense, whether misdemeanor or felony, including fines, community service, license suspension, and probation.
There are only a few instances in which a prosecutor or judge is going to try and inflict jail time on a person who is facing first-time DUI charges. For example, if their BAC was extremely high, if the person in question did not have a valid license, or if they did not cooperate. In most cases, your attorney can work to find holes in their case and argue against you spending any time in jail.
If the police asked you to take a breathalyzer and you refused to do so, or you refused a blood test at the police station, then you can be held in jail for up to two days and receive additional penalties. While you are not required to take field sobriety tests (such as walking in a straight line) you are required to take a breathalyzer or blood test.
The bottom line is this: If you are arrested for a DUI then you need to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.