First Time DUI in San Francisco

[mydui]

My question involves criminal law for the state of: CA-San francisco

First time DUI .Never had single ticket in my life .No Previous criminal record of any sort.Was pulled over for swerving .Blew 0.12 on brathe analyzer.Gave a blood test in the police station .awaiting results .Hired a attorney ($5000)and waiting for the court date.
Questions

1. What are my penalties.
2. Will i go to jail.
3. Again will i go to jail
Please let me know cause i am loosing my mind

[seniorjudge]

1. What are my penalties.

A: What statute number were you charged under?

[mydui]

23152(A) and 23152(B) both VC/M
But i dont know what it means .Also i have to still go to the court .This is from the paper i recieved on the day i got arrested .this paper was on the packet which contain my belonging when i was kept overnight .Also i blew 0.12 and maybe an hour later i had blood test done ..do you think my blood test will be higher than that ...i had beers dont remember count but worst case 10 maybe

[cdwjava]

23152(A) and 23152(B) both VC/M
But i dont know what it means .

CVC 23152(a) is a misdemeanor offense for driving while impaired by drugs or alcohol. CVC 23152(b) is a misdemeanor offense for driving with a BAC of .08 or higher.

[/quote]Also i blew 0.12 and maybe an hour later i had blood test done ..do you think my blood test will be higher than that ...i had beers dont remember count but worst case 10 maybe[/QUOTE]
It will probably be close ... it depends on the device used to take that initial test (likely a field device such as an Alcometer). The mandated test is the one the court will use - this is likely the blood test.

- Carl

[mydui]

Ok thanks and appreciate your help
But still i have the most important question
Will i go to jail

[cdwjava]

Ok thanks and appreciate your help
But still i have the most important question
Will i go to jail

No one can say. You MIGHT go to jail, but you might not have to ... a lot can happen.

Hence, the reason you need to consult an attorney.

- Carl

[Mr_BiGG]

If you do get jail time, chances are you can request work release(community service), or you can get house arrest. I was sentenced to 6 days but chose work release. I dont see why they wouldnt give you that option. When I was doing work release some of the people in the program were in there for worse crimes but still got the option. SF may be different though

I took both the breathalyzer and the blood test and they both came back exact.

[mydui]

Ok Thanks again ..also i want to know if i loose my chances of citizenship ..i AM a legal permanent resident and finished 4 yrs and was going to apply for citizenship next year ..will this affect my citizenship...Thanks

[cdwjava]

Ok Thanks again ..also i want to know if i loose my chances of citizenship ..i AM a legal permanent resident and finished 4 yrs and was going to apply for citizenship next year ..will this affect my citizenship...Thanks

I do not think this should effect your citizenship. But, it might be a good idea to consult an immigration attorney to be sure.

- Carl

[Scruit]

Ok Thanks again ..also i want to know if i loose my chances of citizenship ..i AM a legal permanent resident and finished 4 yrs and was going to apply for citizenship next year ..will this affect my citizenship...Thanks

You *WILL* need an immigration attorney.

The USCIS "Guide To Naturalization" lists "Habitual drunkenness or drunk driving" as "...might show a lack of Good Moral Character"

Now, does that mean "(Habitual Drunkeness) OR (drunk driving)" or does it mean "Habitual (drunkenness OR drunk driving)". Only an Immigration Attorney can answer that.