Fines and Penalties for DUI Charges

**app** · 06-19-2010, 12:51 PM

i just got pulled over for my first DUI in California and i have 3 counts.

1.possession of open container
2.driving under the influence
3.driving with B.A. of 0.8 %

i was wondering what will be the charges for these 3. will it be more than $5000? and will i have to do jail time? or could anyone explain what will happen?

**Mr. Knowitall** · 06-21-2010, 07:00 AM

You mean, the total fine and court costs? I would not expect the total fine and costs to be over $5,000, but once you factor in your lawyer fees you could easily cross that amount.

Your potential for jail time depends upon the nature and terms of your conviction charge(s) or plea deal, the facts of your offense, and your prior record.

**app** · 06-22-2010, 04:13 PM

oh ok..is there any way i can reduce this charge to wet and wreckless?

**Admit Nothing** · 06-23-2010, 10:19 PM

Counts 2 and 3 are the same thing - DUI. You will only be convicted of one. FYI. And for a DUI you are looking at between $2500 and $4000 in fines, PLUS the alcohol class you will have to take, PLUS the community service or jail time you will have to do, PLUS the increase in your car insurance.

Whether or nor you can reduce it to a wet & reckless depends on the circumstances of the case. What was your BAC? If it was .10 or higher then it is extremely unlikely you can reduce it. If your BAC was .09, it is possible but unlikely. If your BAC was .08 or lower, you have a decent chance. Also, it will make a big difference depending on how you were driving. If you were swerving all over the place, even at a .08 the DA will be hesitant to reduce to a w&r. If, however, you were driving like an angel and were pulled over for something silly like expired registration or not putting your signal on, then you will have a better chance of getting a reduction.

In my experience, defendants that represent themselves have a much harder time getting a reduction than someone that hires an attorney. If you have a chance of getting a reduction, it would be worth $1500 or $2000 to pay an attorney to get it reduced. The fine is smaller and the alcohol class you have to take is shorter.