You see DUI cases on the news all the time in various cities across the United States. In July 2017, a man in California who was out on probation was sentenced to 15 years when he drove drunk a second time and killed a person as well as injured 5 others. It is safe to say that, in California, these crimes are taken very seriously as they put lives at risk. Today we will look at two examples of DUI cases that you may be able to relate to your very own case.
Whether you are a first time offender with a clean record or a repeat offender with previous DUIs under your belt, you will receive different results from your case. Take a look at these examples and see how they relate to your own.
Clean Record: Let’s say that a man was driving home after meeting up with a friend for some drinks and, on the way home, was distracted by something on the side of the road and ran his car into a ditch. A police officer shows up even though he was able to walk away from the accident. He was .09 on the BAC test, putting him just above the legal limit. He was placed under arrest. After his background check is run in prison, his bail is set for $1,000 and he pays it, being able to leave prison. However, he is given a summons to appear in court for his arraignment.
The man receives a public defender. He is able to plead no contest and they make him an offer in court – take his charge from a DUI down to reckless driving with 120 hours of community service and six months probation. He avoids getting a DUI on his record even though there are still penalties.
Prior DUIs: In this case, a man goes to a party with a few friends. He has previously been arrested for a DUI but he still decides to let loose and skip the cab, opting to drive his own car home. The man’s BAC was .12, which is well above the .08 legal limit. Because the police run his background and see that he has prior DUIs, they set the bail to $5,000 which is phenomenally higher, and the man spends the night in prison because he cannot pay.
The man receives a public defender and the defender tells him that since this is a second offense, it is required to spend at least 48 hours in lockup. At the court hearing, he pleads guilty and, even though he is given the option to skip out on prison time, he is still sentenced to a 12-months alcohol rehab program and 3 years of probation. They also receive fines.
Comparing the Cases
As you can see, the results of a case will vary based on the circumstances that you have a prior offense of a DUI. If you do not have any priors, the law may be on your side but only with help from somebody who understands your case. Call us if you have questions about your DUI. We can help you every step of the way to help you get the best results possible.