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  1. #1
    Join Date
    Jul 2008
    Posts
    2

    Default California DUI and Obstructing a Police Officer

    I am 19 and I recently got a DUI in California. I have never had any speeding tickets, and my record is 100% clean. I thought it was my legal right to decline all tests, including the blood test (I now know this was not the right thing to do.). They did a forced blood draw. I ended up with DUI (0.24 BAC), Blood Test Refusal, and Obstructing a Police Officer. My DUI lawyer spoke with the DA recently and said the DA is only willing to drop either the refusal, or the obstructing a police officer. If I plead to the judge DUI + Refusal, its 48 hours in jail and some fines and days of service (like a DUI usually is). If I plead to the judge DUI + obstruction there is no jail time and approx. $500 more in fines (on top of the DUI penalties).

    I have a few questions. I feel as though this is a MAX sentence, and that my lawyer might not have been trying as hard as he could have been trying. Is this possible? I am a student at a 4-year university, never had any other run-ins with the law, and I feel as though this is a little too harsh. My next question is, how does obstructing a police officer look on your record? As it is only a misdemeanor, I feel that it might not be __that__ bad to have on my record.

    Yes, 48 hours in jail is not much, and would save me $500, I am just trying to decide if its worth the longest 48 hours of my life for this stupid misdemeanor.

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California DUI and Obstructing a Police Officer

    Quote Quoting dblyson
    View Post
    I am 19 and I recently got a DUI in California. I have never had any speeding tickets, and my record is 100% clean.
    Everyone has to start somewhere.

    And having a clean record and no tickets does not mean that the offense has never been committed, only that you had not been previously caught.

    I thought it was my legal right to decline all tests, including the blood test (I now know this was not the right thing to do.).
    You do not have to take the field sobriety tests, but you DO have to take a chemical test if arrested for DUI. If you refuse, your license can be automatically suspended AND law enforcement can FORCE a blood draw. So, you could lose your license for the refusal AND they can still get their test to use against you at trial.

    They did a forced blood draw. I ended up with DUI (0.24 BAC), Blood Test Refusal, and Obstructing a Police Officer.
    And under 21, ta boot. Say goodbye to your license.

    Note that no matter what the DA decides, the DMV can act independently and suspend your license based upon the refusal AND/or the fact that you are under 21.

    I have a few questions. I feel as though this is a MAX sentence, and that my lawyer might not have been trying as hard as he could have been trying.
    Nope. You could do time in jail well beyond that - up to a year. 2 days in jail is the MINIMUM.

    Is this possible? I am a student at a 4-year university, never had any other run-ins with the law, and I feel as though this is a little too harsh.
    Then don't drink and drive ... and, best bet, stay away from alcohol for a while.

    As a matter of fact, it is very likely that you will receive probation conditions that include at least no alcohol when driving, and at most, no alcohol at all.

    My next question is, how does obstructing a police officer look on your record? As it is only a misdemeanor, I feel that it might not be __that__ bad to have on my record.
    It depends on who is doing the looking. Many employers are not going to care that it was a misdemeanor, they are going to look at it as a defiance of authority - resisting an officer ... not always a good impression to leave a prospective employer. Sure, you can explain that it was not a fight with the cop, you only refused to cooperate, but that might not be enough for some people.

    Consider this a good life lesson ... actions DO have consequences.

    Good luck.

    - Carl

  3. #3
    Join Date
    Jul 2008
    Posts
    2

    Default Re: California DUI and Obstructing a Police Officer

    Thank you Carl for the speedy response. Not to discount anything you said, because it is all very true, but I did not come on this message board to get told that actions have consequences. I realize this now more than ever. I just wanted to know if everyone's opinion on my penalties was either a max or min sentence. I know now that it is a minimum sentence, which puts some relief off of me. My question now is, do you think the 2 days in jail is worth getting rid of obstruction of justice? I guess you cannot really answer that as it is up to me, but I was under the impression that with misdemeanors, after a few years you might have the chance to get some or all expunged. Is this correct? How often is this allowed?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California DUI and Obstructing a Police Officer

    An expungement in CA does NOT remove the offense from your record, it might only keep you from having to reveal it to a potential employer.

    Here is the CA courts information on expungements:

    http://www.courtinfo.ca.gov/selfhelp...imlawclean.htm

    As for the action and consequences thing, it is something that kids often need to be reminded of as they tend to think of themselves as immortal and above the law and consequences. Consider it a friendly reminder from someone much wiser in the ways of the world and who has removed the remains of kids your age off of the road with a mop.

    - Carl

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