One of my friends got a DUI ...in california..

[GAMEFINEST]

How bad does it get?

[Amputate Your Head]

he's fucked.

[Agent 488]

supermax prison.

[Rankings]

mucho monies for lawyer

[GAMEFINEST]

Originally Posted by Amputate Your Head

he's fucked.

how fucked.

[anexsia]

Originally Posted by GAMEFINEST

how fucked.

fucked.

[Agent 488]

First California DUI Offense

1st Drunk Driving Conviction
Jail: From 96 Hours to 6 Months
Fine: From $390 to $1000
License Suspension: 6 Months
Must Complete a Driving Under the Influence Program
May Be Ordered to Install Ignition Interlock Device (IID)
California SR22 Insurance Required for Restricted License

[MrBottomTooth]

For first offender:

$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.

---------------------------------
If those are still up to date, that sounds pretty tame compared to here in Ontario.

edit: I think my info was out of date.

[topsiteking]

He should get jail time.
IMO

[Horny Dude]

The lawyer alone will be $1200 or more. It can get pricey.

[Houdini]

Friend got one a few years ago and when it was all said and done, with fines and attorney ended up paying just a little more than $10K. No jail time, but he did lose his license for a while, not sure how long.

[96ukssob]

Originally Posted by Houdini

Friend got one a few years ago and when it was all said and done, with fines and attorney ended up paying just a little more than $10K with no jail time.

i had a friend who got one a few years ago and cost him a TON of money. when I lived there, I never drove after I had more than 2 glasses of wine or two drinks

[marketsmart]

you never blow or take test if you think you are over the limit..

worse thing that can happen for failure to submit is lose license for 12 months which any good lawyer can get thrown out or worse case work permit..

getting a dui fucks you on a lot of different fronts..


.

[kane]

My uncle who lives in Cali got a DUI (his first and only) about five years ago. He got a $500 fine, lost his license for a year and had to go to 3 diversion/AA type classes. Since he has to drive for work he was able to get a hardship license which allowed him to drive to and from work and once per week drive to and from a grocery store.

They don't mess around.

[dyna mo]

nothing like maricopa county

minimum 3 days mandatory in tent city

[topnotch, standup guy]

Originally Posted by GAMEFINEST

How bad does it get?

He needs to:

1) Hire a lawyer and plead innocent (that'll buy him some time).

2) Get a copy of his CA license.

3) Go to another state, get an apartment and apply for a drivers license there.

4) Show up for his hearing in CA.

5) Give the judge his original CA license, do whatever jail time is required (if any) and then leave the state and never look back.
.

[potter]

Originally Posted by marketsmart

you never blow or take test if you think you are over the limit..

Don't believe this. Lots of courts view that at as admission of guilt.


If you get pulled over drunk, it's not about blowing or not blowing or any bs. It's a wake up call to not be driving drunk.


btw: 1st time offense he will probably get like 9-12 months loss of DL (you can get school/work licenses for any offense where you loose your license), and about $2,000 in fines + whatever his attorney fees will be which can be anywhere from $500-$4,000.

[Ron Bennett]

Originally Posted by marketsmart

you never blow or take test if you think you are over the limit..

worse thing that can happen for failure to submit is lose license for 12 months which any good lawyer can get thrown out or worse case work permit..

getting a dui fucks you on a lot of different fronts..

Overall, generally a good suggestion. However, some states allow for forced testing.

In some jurisdictions, law enforcement can detain someone suspected of DUI to forcibly have their blood drawn. And to make matters worse, blood test results are far more difficult to challenge in court.

One of the bizarre loopholes that existed (pretty sure it's been closed by now, so speaking past tense, but it may still exist?) in Pennsylvania is that a person intoxicated involved in a serious motor vehicle crash who drove off to hide somewhere to sober up often got far reduced penalties compared to what they'd get if they'd remained at the crash scene.

On a related note, even a person with a alcohol level below what's considered intoxicated (ie. 0.08 in the states) can still get hit with legal sanctions. Many people don't realize that driving even below what's considered intoxicated can also be illegal.

For all practical purposes, driving with an alcohol level at or above 0.02 (ie. taking a few sips of a mixed drink or downing say 1/2 a glass of a weak, watered down beer) is potentially legally risky depending on the jurisdiction and the mood of law enforcement at the scene.

Ron

[jabula]

Don't drink & drive in California. I've heard it can cost up to $15,000 fine, loose your licence, traffic school & more! Not worth it. I take a cab if I want to have a drink or two. It's a lot cheaper & not worth the risk.

[woj]

not sure about California, but in IL you are looking at $5-10k in various expenses, plus a LOT of BS to deal with, dui classes, counseling, etc...

(and no, in case you were wondering, it wasn't me)

[topsiteking]

Originally Posted by jabula

Don't drink & drive in California.

Oh,Okay so it's just find to get drunk and kill my kid in New York state.

[pornlaw]

Originally Posted by Houdini

Friend got one a few years ago and when it was all said and done, with fines and attorney ended up paying just a little more than $10K. No jail time, but he did lose his license for a while, not sure how long.

Thats about right. A good DUI attorney = $3500. Fines and increased insurance will be the rest. Probably no jail time, but I hope he likes picking up trash.

[GAMEFINEST]

k thanks guys, i will relay the msg, he might get an attorney

[Bird]

Originally Posted by MrBottomTooth

For first offender:

$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.

Exactly!!!!!

Attorney's are a total wast of money for DUI's Don't be a sucker......Tell him to man up and just Pay fines and weekend of picking up trash.

[kane]

Originally Posted by Bird

Exactly!!!!!

Attorney's are a total wast of money for DUI's Don't be a sucker......Tell him to man up and just Pay fines and weekend of picking up trash.

This is good advice. If he did it and he knows he is guilty, the odds of him getting off are almost nothing. All he is going to do is cost himself some more money. Tell him to just face up, take responsibility and throw himself at the mercy of the court. In the end he may end up with a lighter punishment than if he pleaded innocent and lost his court case because judges often like people who take responisbility for their actions and he won't have spent thousands of dollars on a lawyer.

[baddog]

Tell him to plead to a wet reckless and save the expense of the attorney. If a first offense it will be easy enough.

[closer]

it seems that even with the prospect all the harsh penalties and jail time, DUI isn't going anywhere at all, so you got to wonder if that's the right approach?

Why not install an Ignition Interlock device on all cars, simple but effective solution

[mmcfadden]

He lives in ca? If not just throw away all letters from state saying he has a warrant bc they will never extradite him from another state. Then just don't get pulled over again in ca and he just saved about 10K and a headache.

I think they will just delete old dui cases anyway as its too much info on their servers.

[topsiteking]

Originally Posted by closer

it seems that even with the prospect all the harsh penalties and jail time, DUI isn't going anywhere at all, so you got to wonder if that's the right approach?

Why not install an Ignition Interlock device on all cars, simple but effective solution

Sounds like a start.

[gmr324]

Why not install an Ignition Interlock device on all cars, simple but effective solution

Great idea that may save a lot of people a lot of grief

[Rankings]

the attorney is going to be expensive, but at least he will get it behind him so he can move forward

[u-Bob]

Originally Posted by GAMEFINEST

how fucked.

proper fucked

[Machete_]

Originally Posted by Agent 488

supermax prison.

[punker barbie]

your friend should thank his lucky stars he got busted in California. in arizona your fucked and come down hard on first time offenders.

[Gerco]

Originally Posted by punker barbie

your friend should thank his lucky stars he got busted in California. in arizona your fucked and come down hard on first time offenders.

Or Ohio... My wife got hit with 1 when she was 21, first offense, was not even driving the car just sitting in it waiting for a cab to take her home. She was a bartender getting off work. (bought to many drinks by patrons)

She had the key in the ignition, listening to the radio.

She was way over legal limit, but at 94 pounds not hard to do.

Outcome, FELONY (so she is fucked for life on finding good work), Lost her license for 5 years. had to spend 30 days in the ohio DUI program as a resident. Had to do DUI classes in both KY and in Ohio cause she was a Ky resident. All this on a first offense, zero record of any kind... I literally took 5 years to finally clear it all up (but she still has the felony on her record now)

I always tell her she would have been better off just killing someone, she would have gotten off easier.

[american pervert]

it all matters what county in cali he was popped in. ventura is the worst. he wont go to jail for #1, beyond booking unless he blew above a .2

in ventura county you have the option of 40 hours of community service of 48 hours in jail. i did the community service.

he'll have to pay court fines, go to alcohol classes and depending on the county go to AA meetings and pay for getting arrested.

he also has 2 hearings, a criminal one and a dmv one. best thing he can do is go to a mom and pop insurance company sign up and and get an SR-22 form. this is a rat sheet that tells your ins. company you got a dui. if he gets one from someone other than his current ins. company he won't get fucked (dropped, higher fees) by his ins company.

best thing he can do is get a lawyer. top gun dui myles burman is a rip off.

it also stays on his record for 10 years and it's pretty much zero tolerance. if something happens and he blows anything he'll get dui #2. if you are at a stop light and someone rear ends you and you have booze on your breath, you're at fault. it's really easy to get a 2nd dui.

[american pervert]

Originally Posted by Bird

Exactly!!!!!

Attorney's are a total wast of money for DUI's Don't be a sucker......Tell him to man up and just Pay fines and weekend of picking up trash.

going to court without an attorney is beyond retarded. unless its small claims court. you should always have representation.

[MaDalton]

Originally Posted by Gerco

Or Ohio... My wife got hit with 1 when she was 21, first offense, was not even driving the car just sitting in it waiting for a cab to take her home. She was a bartender getting off work. (bought to many drinks by patrons)

She had the key in the ignition, listening to the radio.

She was way over legal limit, but at 94 pounds not hard to do.

Outcome, FELONY (so she is fucked for life on finding good work), Lost her license for 5 years. had to spend 30 days in the ohio DUI program as a resident. Had to do DUI classes in both KY and in Ohio cause she was a Ky resident. All this on a first offense, zero record of any kind... I literally took 5 years to finally clear it all up (but she still has the felony on her record now)

I always tell her she would have been better off just killing someone, she would have gotten off easier.

this is nuts. if she was driving - ok, but just sitting there with the engine off...

[Tom_PM]

Originally Posted by Gerco

Or Ohio... My wife got hit with 1 when she was 21, first offense, was not even driving the car just sitting in it waiting for a cab to take her home. She was a bartender getting off work. (bought to many drinks by patrons)

She had the key in the ignition, listening to the radio.

She was way over legal limit, but at 94 pounds not hard to do.

Outcome, FELONY (so she is fucked for life on finding good work), Lost her license for 5 years. had to spend 30 days in the ohio DUI program as a resident. Had to do DUI classes in both KY and in Ohio cause she was a Ky resident. All this on a first offense, zero record of any kind... I literally took 5 years to finally clear it all up (but she still has the felony on her record now)

I always tell her she would have been better off just killing someone, she would have gotten off easier.

Wait.. What happened? She was sitting in a car (driver side) with the battery on just to hear the radio (car wasn't running?) and she got arrested?

[candyflip]

Originally Posted by Gerco

Or Ohio... My wife got hit with 1 when she was 21, first offense, was not even driving the car just sitting in it waiting for a cab to take her home. She was a bartender getting off work. (bought to many drinks by patrons)

She had the key in the ignition, listening to the radio.

She was way over legal limit, but at 94 pounds not hard to do.

Outcome, FELONY (so she is fucked for life on finding good work), Lost her license for 5 years. had to spend 30 days in the ohio DUI program as a resident. Had to do DUI classes in both KY and in Ohio cause she was a Ky resident. All this on a first offense, zero record of any kind... I literally took 5 years to finally clear it all up (but she still has the felony on her record now)

I always tell her she would have been better off just killing someone, she would have gotten off easier.

Sounds like her parents sprung for a shitty lawyer.

You guys would shit yourself if you heard what a buddy of mine just got of for. A small error on the part of police and a decent lawyer is all it took and all but the most minor of the charges were dropped.

The worst part about it was shitting his pants while drunk in overnight lockup.

[dyna mo]

Originally Posted by MaDalton

this is nuts. if she was driving - ok, but just sitting there with the engine off...

Originally Posted by PR_Tom

Wait.. What happened? She was sitting in a car (driver side) with the battery on just to hear the radio (car wasn't running?) and she got arrested?

key in the ignition + sitting in the driver's seat = driving. i almost got pinched the same way many years ago. i wised up and stopped that shit.

[MrBottomTooth]

Originally Posted by dyna mo

key in the ignition + sitting in the driver's seat = driving. i almost got pinched the same way many years ago. i wised up and stopped that shit.

They tell people up here if you are going to sleep in your car drunk, you have to keep your keys outside the vehicle somewhere. If they are any place inside the car, they consider you having "care and control" of the vehicle, which results in the same charge as a regular DUI.

[Domain Broker]

either lifetime in jail or death penalty depending how much he was drinking.

hope he has an expensive hollywood lawyer.

[MasterM]

hey thats nothing,,,,
a (former) friend of mine got busted in england last year for smuggling 75kgs of heroine

well thats beeing a stupid ass..

[xxweekxx]

Originally Posted by dyna mo

key in the ignition + sitting in the driver's seat = driving. i almost got pinched the same way many years ago. i wised up and stopped that shit.

yup.. if u got the key in the car/ignition, its considered being in control of the car..

[RycEric]

Originally Posted by closer

it seems that even with the prospect all the harsh penalties and jail time, DUI isn't going anywhere at all, so you got to wonder if that's the right approach?

Why not install an Ignition Interlock device on all cars, simple but effective solution

Unless they have new technology, someone else can blow into those.

[american pervert]

Originally Posted by xxweekxx

yup.. if u got the key in the car/ignition, its considered being in control of the car..

its worse than that in cali. if you have access to the keys while in the car drunk, you are in trouble. so if you are passed out in the back seat and they are in your pocket you can get a dui. they need to be in the trunk. retarded but true

[InfoGuy]

People who text while driving are greater in number and as dangerous as drunk drivers. The penalties for driving and texting should be just as stiff as a DUI/DWI.

[georgeyw]

Originally Posted by Gerco

Or Ohio... My wife got hit with 1 when she was 21, first offense, was not even driving the car just sitting in it waiting for a cab to take her home. She was a bartender getting off work. (bought to many drinks by patrons)

She had the key in the ignition, listening to the radio.

She was way over legal limit, but at 94 pounds not hard to do.

Outcome, FELONY (so she is fucked for life on finding good work), Lost her license for 5 years. had to spend 30 days in the ohio DUI program as a resident. Had to do DUI classes in both KY and in Ohio cause she was a Ky resident. All this on a first offense, zero record of any kind... I literally took 5 years to finally clear it all up (but she still has the felony on her record now)

I always tell her she would have been better off just killing someone, she would have gotten off easier.

There are similar laws here - keys in the ignition and you in the car = illegal.

The outcome for your wife is crazy though, the cops probably thought they were *saving* the community from her wrath too. Did the cab arrive when the cops were arresting her?

[ahoy]

Just got one myself in Arizona back in December. Pretty shitty experience, and definitely learned my lesson. I didn't get a lawyer, and just took the minimum mandatory for a first time regular offense (3 forms of DUIs in AZ - regular, extreme and super extreme). From talking with everyone else I have met through all the classes etc, getting a lawyer was a HUGE waste for a good majority. If they have a blood test on you as well, just forget about the thought of trying to get out of it. If it was just a breath test, then there could be a fighting chance and a lawyer might be able to do something.

This is what I got for mine:
24 hours in tent city (not 3 days mandatory like the poster stated above). This 24 hours SUCKED and could never imagine having to do any longer.
2k in fines
12 months of interlock in my car at $80/month (Goes off randomly while driving, so no one can blow in it for you like stated above.)
36 hours of some alcohol class - $300
1 AA meeting and 1 MADD presentation
30 days of no license at all, 60 days of restricted.
Insurance hasn't changed at all so far, in fact I got a letter in the mail congratulating me on my fantastic record. Didn't need SR-22 either.

Some knowledge I gained about the AZ law in my classes:
-Keys must be 2 movements away, so don't crash in the back with your keys! Put them in the trunk or gas compartment. One dude got a DUI in his own driveway while drinking a beer and washing his car!
-AZ has zero tolerance, no such thing as a .08 "legal limit"
-May soon be a new law called "Pass the Torch", you can get a second DUI while being a passenger in a car with someone who is booze cruising.

All in all it has royally sucked ass. But, I will say it works because there is absolutely no way in hell I would ever drink and jump in my car again. I never got too worked up about it, as I am just happy I didn't hurt anyone or take a life. Not only the guilt, but also looking at manslaughter charges - yikes!