Violated Misdeanor Probation With a DUI Arrest

[boontahr]

My question involves criminal law for the state of: California

I was involved in a domestic violence case which came about a little over a year ago. I ended up taking a plea for misdemeanor battery because the only witness statements involved during the arrest were saying that i was the one beating my then-girlfriend when it really was a case of her attacking me and i pushed back. Chances in a trial didnt seem good so i took the plea and completed 52 weeks of counseling as well as community labor
My last court appearance was 3 months ago where I showed that I had finished everything up and the judge sent me on my way.

This past weekend I was pulled over for a DUI. Dumb mistake on my part, I thought I was more sober than I was. Spent a night in jail/holding and was let go OR. What can I expect to happen when I go in for my court appearance? I am hoping that the best case scenario would be that my license is suspended, and I am given AA classes as well as community service (this seemed to be what friends of mine with DUIs had to do).

I am wondering what complications will arise from the prior midemeanor/probation situation i am in, if there will be jailtime I should be expecting.

[aardvarc]

Pleas and sentencing for DUIs tend to revolve around the presence or absence of prior DUIs, not the presence or absence of other criminal cases (unlike most other crimes, DUI seems to work in a "bubble" of it's own). Since you successfully completed everything for the battery case, it really shouldn't be an issue. The only priors the prosecutor or the court will likely be influenced by is any prior DUIs, and occasionally any other "alcohol-centered" crimes, such as disorderly conduct, public exposure (ie peeing on the sidewalk when drunk), or other things where alcohol over-consumption played a role in the case. If this is a first such case for you, then I strongly suspect that incarceration isn't anywhere near as likely as AA and community service, as you anticipate/

[boontahr]

Thank you for your response. This is in fact my first alcohol related crime, and other than the misdemeanor case I have never had problems with the law, so your thoughts are a huge relief to hear if only for some peace of mind.

[viol8te]

You are already on misdemeanor probation, so I have no doubt that you will be facing a violation even though it's a misdemeanor DUI. The domestic court might be willing to hold off on any decision regarding what to do with your violation until the DUI is resolved. If you are found guilty on the DUI, you are looking at 364 or less in jail. Whatever time you spent in jail previous to sentencing can be counted towards your total time. So if you spent 12 days in custody before pleading guilty, then you still have 352 days remaining that you could potentially serve.

That jail time is regarding the violation of probation.

[aardvarc]

I must have missed the part where the OP was still on probation. I was under the impression that he was clear after his last hearing when posting my reply. If probation is still in effect, then viol8te is absolutely right and some time for the original misdemeanor, plus the violation, plus the DUI, are all on the table.

[viol8te]

I must have missed the part where the OP was still on probation. I was under the impression that he was clear after his last hearing when posting my reply. If probation is still in effect, then viol8te is absolutely right and some time for the original misdemeanor, plus the violation, plus the DUI, are all on the table.

Whew! Bout time I cought one that slipped by someone else.

[aardvarc]

<----- butter fingers