First Time DUI in San Francisco

[mydui]

But i read that DUI is not a CIMT .its misdeamenor .I Also read that you need to show a good moral charcter for last 5 yrs .....so maybe my citizenship may get delayed ...i am sure people is US got DUI maybe multiple but stil got citizenship but i maybe wrong

[cdwjava]

I know many "illegals" who have been guilty of DUI and are still here ... it would be a shame to deport someone who is actually working through the proper channels for a first offense misdemeanor.

- Carl

[Scruit]

But i read that DUI is not a CIMT .its misdeamenor .I Also read that you need to show a good moral charcter for last 5 yrs .....so maybe my citizenship may get delayed ...i am sure people is US got DUI maybe multiple but stil got citizenship but i maybe wrong

You won't get deported for a DUI.

It's not a permanent bar to citizenship - at worst it will be a temporary bar (if at all). After a few years of clean record and you'll be fine. Ask your immigration attorney for specifics.

[lexy]

Hi---I want to answer because everyone is gloom and doom here. YOU will absolutely NOT go to jail. I had a DUI (after only a couple of drinks but also a shot of tequila before leaving which for a woman 5ft 1 100 pounds or so (I am more used to metric) was in retrospect too much. This was all after a day at the beach. I am half American and can tell you that you are lucky it happened in CA and not in Florida as I was lied to, told I was being held for 8 hours and no need to bond myself and ended up in PRISON not just booking, but actual prison because I waited until 3 am and asked when they were letting me out only to be laughed at and told the police lied and I needed to be bonded and I was being transported to the women's prison prior to my hearing TWO DAYS AWAY (Monday and this was Saturday). I managed to get bonded the next day but was not released until the WEE hours of Monday morning really.

In any event--firstly, I hired a 6500 dollar lawyer. He was GREAT and managed to get my case dropped completely because a) a well known lawyer is well connected and seen as a formidable opponent to many less experienced SAO and to more experienced ones they often "get favors" such as I think was part of the combination of mine being dropped. The officer never showed at my trial and my lawyer was smart enough to file a "motion for speedy trial" PRIOR to my trial date so if a witness or the officer did this the clock would be ticking. (Once you decide to go to trial ask your lawyer to do this when the date is set). I would also enquire about the legality of the stop--often swerving alone is not grounds to stop someone, odd as it may seem as this is what we all think is the normal cause for being stopped.

Also if this cannot be argued, which would dismiss your case asap, then were you given your implied consent warning? If not that is grounds for suppression of your blood and breath test. Were you given your Miranda rights and were you observed for a period of at least 15 minutes with no interruption when the officer did the breath test? All these can be grounds for suppressions of the evidence. DISCUSS THESE ALL with your lawyer.

Next--do you suffer anything like acid reflux or any digestive disorders? These could account for your BAC but wait and see what your blood is as an hour later it can have fallen below .08 in which case you will have no dui just the arrest.

EVEN if you had to plead guilty you will NOT go to jail, especially in CA for this. I had an accident and totalled a rental car (I was being chased by these guys and not used to the car which is frankly why I got caught for the DUI as I had just finished drinking, had two large glasses of wine, was warm from a day on the beach, had not eaten, and had a shot JUST before I left--BIG mistake as my BAC was rising and rising fast!). I am a lightweight and blew 3X over the legal limit. My first offense too and considering I was already in prison after my arrest I was petrified of that option BUT unless it is a felony DUI your chances of prison time even if all motions are denied the blood alcohol is as high or higher and you have to plead guilty is honestly NO CHANCE.

Learn your lesson for this, and also try to get it dismissed and when you do that get it expunged as soon as possible for your citizenship, a conviction will prevent you from getting citizenship for a period of time I believe but an arrest that is expunged (I assume you were never before arrested) will not!

Have faith, hang in there and if it is shown that your blood was less than .08 then ask your lawyer you just paid a generous sum to also handle the expungement (unless he gives you back your money which I doubt but if it is dropped from your blood results he should). If it is dropped get a lawyer to immediately start expungement proceedings the sooner the better. They cost between 500-1200 usually.

BUT relax, you are NOT going to jail!

[lexy]

One more thing--if it does go to a trial date or prior to trial if you need to plead guilty try and see if your lawyer can get you on some kind of program where you can have plead to a lesser offense and do all the dui school, community service and pay the fines in turn for a withheld adjudication which I believe will also, upon completing your punishment, be eligible for expunction which means you will have no record for the purposes of citizenship.

[cdwjava]

In any event--firstly, I hired a 6500 dollar lawyer. He was GREAT and managed to get my case dropped completely because a) a well known lawyer is well connected and seen as a formidable opponent to many less experienced SAO and to more experienced ones they often "get favors" such as I think was part of the combination of mine being dropped. The officer never showed at my trial and my lawyer was smart enough to file a "motion for speedy trial" PRIOR to my trial date so if a witness or the officer did this the clock would be ticking.

So .. he did something ANY lawyer could have done if a prosecution witness hadn't shown. I'm not saying he was not worth the money - he likely was if he got you off of a felony DUI, but this doesn't sound like a victory based upon brilliant lawyering so much as a victory based upon prosecution error.

Also if this cannot be argued, which would dismiss your case asap, then were you given your implied consent warning? If not that is grounds for suppression of your blood and breath test.

Not necessarily. In what way are you referring to this?

Yes, the police must advise that they are required to take a chemical test if arrested, and they have a choice of blood or breath (provided both options are available).

Were you given your Miranda rights and were you observed for a period of at least 15 minutes with no interruption when the officer did the breath test?

Miranda is rarely an issue in DUI cases unless questions were asked AFTER the arrest and the statements were used as evidence against the defendant. Yes, if there is a question about the 15 minute observation that CAN result in the tests coming in to question for a breath test (not blood) ... that will not generally result in them being tossed, only allowing the defense to raise reasonable doubt at trial.

All these can be grounds for suppressions of the evidence. DISCUSS THESE ALL with your lawyer.

Always a good idea.

Next--do you suffer anything like acid reflux or any digestive disorders? These could account for your BAC but wait and see what your blood is as an hour later it can have fallen below .08 in which case you will have no dui just the arrest.

These tend to effect breath tests, not blood. And even so, they are not generally an issue with the breath machines in common use today. Though, anecdotal stories differ.

EVEN if you had to plead guilty you will NOT go to jail, especially in CA for this.

That's not a true statement. A defendant CAN go to jail ... they might not, but they can. To say they definitely will not is simply not true.


- Carl

[lexy]

So .. he did something ANY lawyer could have done if a prosecution witness hadn't shown. I'm not saying he was not worth the money - he likely was if he got you off of a felony DUI, but this doesn't sound like a victory based upon brilliant lawyering so much as a victory based upon prosecution error.

Actually NOT true. It was a NOT felony DUI, I was cited for careless driving, the witness who saw the black car following me was told to leave-and no investigation was done, only the witnesses who did not see that and could place me behind the wheel were asked to stay. I was not observed etc. The good lawyering is due to the fact that HAD HE NOT filed the motion prior to the trial in Florida with a BAC over .20 they can come after you and refile for up to two years. By filing prior to my trial date IN CASE this happened they had 60 days, some of which had already run. He was brilliant in the sense that if he knew the state attorney and she was so inclined, as she seems to have been, to feel he was formidable as an opponent and/or wanted to do him a favor, it worked. If it was a 2 year statute you BETTER believe a new ambitious state attorney would have come along and re-filed not to mention I would be walking around in limbo for two years!




Not necessarily. In what way are you referring to this?

Am not sure what the above is referring to as my post is not visible to me now-so cannot answer this.




Yes, the police must advise that they are required to take a chemical test if arrested, and they have a choice of blood or breath (provided both options are available).

Implied consent is more important than Miranda--won't argue the below as I am aware of this and you are right but depending on circumstances statements that may have incriminated him could be supressed---without proper Implied Consent-which was my case also, this should be be a granted motion if the judge believes the defendant.






Miranda is rarely an issue in DUI cases unless questions were asked AFTER the arrest and the statements were used as evidence against the defendant. Yes, if there is a question about the 15 minute observation that CAN result in the tests coming in to question for a breath test (not blood) ... that will not generally result in them being tossed, only allowing the defense to raise reasonable doubt at trial.


Always a good idea.


These tend to effect breath tests, not blood. And even so, they are not generally an issue with the breath machines in common use today. Though, anecdotal stories differ.

Well the breath test is NOT accepted by any scientist it is merely accepted by the law. NO scientist will vouch for it and also it assumes a ration of 2100/1 which not all of us have. Body temp, and the above conditions can actually affect this. Also the maker of the intoxilyzer 8000 if that is what was used, refuses to release the calibration used and this has been an issue in some courts in USA because without it how can a defendant have all the information discoverable? I am more interested in what the blood test comes back as since he may have stopped drinking an hour before he left and may have had waning levels by an hour after the breath test.





That's not a true statement. A defendant CAN go to jail ... they might not, but they can. To say they definitely will not is simply not true.


- Carl

Yes they can. But it is HIGHLY unusual on a first offense misdemeanor. He would have to (99.999% of the time) go to trial, lose and have an a**hole for a judge. If he pleads out or even no contest in the worst case, assuming all is admissable and the case is open and shut, then he will almost NEVER go to jail. My lawyer, even with my circumstances of damage and 3X the legal limit in a state that does not care about over-crowding told me I had NO chance of jail time if I pled out BUT if I chose trial and the breath evidence was admitted he said I probably would be going out the back door and he would be going out the front. So I would contend on a first offense in CA chances are slim with good counsel!

[mydui]

Thanks guys for your opinions ...it is helping me to prepare for my court date and attorney ...one thing more which sucks is that i will never be ablke to work now for a good employer ...i cannot believ it DUI is such a social stigma ...i mean its like social outcast ...come on you deserve one chance to put something behind as a past but with DUI it haunts you for whole life

[mydui]

Hi Lexy,

Do you know what was your blood test result ...i know that you blew 0.24 once but what was your BAC in blood test ...cause i blew 0.12 and then maybe an hour later gave blood test ..what would you think will my BAC in blood test would be in such circumstances ...

[lexy]

Hi Lexy,

Do you know what was your blood test result ...i know that you blew 0.24 once but what was your BAC in blood test ...cause i blew 0.12 and then maybe an hour later gave blood test ..what would you think will my BAC in blood test would be in such circumstances ...

I was not allowed a blood test but I did ask! It was another grounds for which my lawyer was seeking a motion to exclude the breath test as evidence. I can ask you this, when did you stop drinking? If it was right before you left then figure an hour or so for each drink max. If you stopped a bit before or if the breath test was administered later then you may get lucky and the blood test will be lower. Also make sure your lawyer has it independantly tested as well. But look, really stop worrying. ANYTHING can happen and I do doubt jail time is likely at all!