Everyone is aware that getting arrested for a DUI is never good. In this circumstance, a lot of people have questions but are unsure of how to acquire answers. The good news is that Simmons Wagner, LLP is available to address all of your inquiries. Simply continue reading to learn some of the most typical responses we provide, or contact us at (949) 439-5857 to schedule a free consultation tailored to your case.

How long does a DUI conviction stay on my record?

A DUI conviction will appear on your criminal record if you are found guilty. Whether it is a felony or a misdemeanor, this is true. You do, however, still have choices if you were only detained for a DUI. A diversion program can help you avoid a conviction even if you were guilty. Find the best course of action with the assistance of your lawyer.

If this is my first DUI, will I go to jail?

The first time you are found guilty of a DUI, you are not likely to receive a jail sentence other than the night you are detained and most certainly spend in jail. Of course, you will most certainly go to jail if you seriously injured or damaged another person. If no one is hurt, the maximum sentence for a first DUI in California is six months; but, if someone is hurt, you could be charged with a misdemeanor with harm and sentenced to 12 months in jail.

Even for a first offense, if someone is killed as a result of your DUI, you may be charged with a felony and face jail time. Whether it is a misdemeanor or felony, a first DUI offense carries a number of additional penalties, such as fines, community service, license suspension, and probation.

Can my lawyer prevent me from going to jail?

A prosecutor or judge will try to impose jail time on a person who is being charged with DUI for the first time in a very limited number of circumstances. For instance, if the offender’s BAC was very high, if their license was revoked, or if they refused to cooperate. The majority of the time, your lawyer will be able to challenge the prosecution’s evidence and argue against you serving any jail time.

What does “refusing” to operate mean?

You may be detained in jail for up to two days and face additional penalties if you refused to submit to a breathalyzer test when requested by the police or a blood test at the police station. You are forced to submit to a breathalyzer or blood test even though you are not needed to perform field sobriety tests (such walking in a straight line).

The bottom line is that you should call Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation if you are stopped for a DUI.