My 20 year old brother was arrested last night for drinking and driving. I was just wondering if anyone knew what concequences he is facing legally. We live in California and there is 0 Tolerance for underage DUI's, but I am not real kean with the laws and such...any info would be greatly appreciated. Thanks
2007-03-23 10:41:55 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
This is actually his second DUI, the first time his license was suspended during the trial but the case was dropped because it was proved that the cop lied about what his blood alcohol content was. Would this have an effect on his new DUI as well even though the chargers were dropped?
2007-03-23 10:47:01 · update #1
I didn't say that I agree with my brothers decision to drink and drive (specially considering he is underage) because I myself was hit by a drunk driver 2 years ago in May coming home from my prom. I was seriously injured (still recovering now). I know my brother has a problem, my whole family knows that, but we can't help him until HE admits he has a problem, and he hasn't as of yet, maybe this will put some sense into him. But he is still my brother who I love, I am just looking to know what he is looking at. So to those of you who answered that question, thank you, and to those of you who just want to give me your opinion on drinking and driving DONT.
2007-03-23 11:19:41 · update #2
good thing he isnt in florida
2007-03-23 10:44:31 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Your brother needs to IMMEDIATELY contact a California attorney who practices DUI defense.
In most states, the loss of license for someone under 21 who has any alcohol in their system can be quite severe. However, not being licensed in California, I can't comment on the specifics of your brother's case.
Some general information you DO need to know:
In most states, there is an Administrative License Suspension, in which the police officer physically takes the person's driver's license, (and then gives them a notice of doing so) immediately upon charging them with DUI. Your brother MAY have some appeal rights, to prevent the automatic suspension from going into effect. This is one of the things that a California attorney can tell you.
Also, arrest is not the same as conviction. The police, even in the People's Republic of California (grin) have to follow procedures and have a certain amount of evidence for a charge to stick. The attorney will review this with you, and can disuss ways around the matter.
The money you spend on an attorney will be well worth it. For a referral to an attorney, contact your local or state bar association.
2007-03-23 17:49:18 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
Depends on his Blood Alcohol Content. More than likely he will have his license suspended for at least six months and maybe up to one year. That is done through the DMV and he does not have to be found guilty in court for the suspension to take place. Then he will go to court and find out how bad he is going to get nailed. A LARGE fine, probably work release that he will have to pay to attend or time served in the county clink, probation(informal) and alcohol awareness classes for at least six months and up to 18 months depending on how drunk that he will also have to pay to attend.
Bummer.
2007-03-23 17:52:13 · answer #3 · answered by meathookcook 6 · 0⤊ 0⤋
I'm not going to comment on your situation, but if you want ot take a unbiased view into the California DUI law and procedures, you can probably find the DUI procedure answers that you're looking for (along with a lawyer's consultation for free) at this page:
http://www.axalda.info/california-dui-lawyers.html
2007-03-25 23:42:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Unless your brother hurt someone or destroyed property while driving under the influence, he probably won't face jail time. If he is found to be an alcoholic or habitual abuser of controlled substances, he may lose his license until he proves himself clean and sober. However, he is likely to end up spending around $4,000 (or more) in legal expenses. He is probably going to have his license suspended for 6 months and will be able to drive only to school and/or work. His insurance rates will shoot up. Of course, if he gets a really good lawyer, who gets all of the charges thrown out, he won't face any problems at all. But that kind of lawyer is probably going to cost you at LEAST $10,000.00.
My suggestion to you is not to wait until your brother admits he has a problem. He may end up killing someone (including himself). Take away his car keys. Tell him that he only gets them back after he has been in counseling at least 6 months and the counselor says, IN WRITING, that it is safe for him to drive.
I don't think that you or your brother are bad persons. But if you allow him to ignore his problem with alcohol, then you may end up being responsible for someone, including your own brother, being hurt or even killed. It is great that you love and support your brother. Use that love to make him see the light. Even if he doesn't hurt anyone physically, the drinking will destroy his life if it is not dealt with NOW.
Good luck to you and to your brother!
2007-03-23 18:42:39 · answer #5 · answered by Anpadh 6 · 0⤊ 1⤋
Not only does he face penalties from the court system, the insurance companies will rake him over the coals. A long term effect from this could include find a new job or even not being able to volunteer with certain groups that deal with kids.
2007-03-23 17:51:08 · answer #6 · answered by eric l 2 · 0⤊ 0⤋
Tell him to drive drunk in Utah. Here if you're arrested you are taken to the tank to sober up then you are allowed to drive home. But I agree with California about ZERO tolerance for driving under the influence. A family had four of its members here killed by a drunk driver. Anyway your brother deserves to have the book thrown at him. There is no excuse for driving drunk. Call a cab, a friend, family, whoever. Check the link I posted below. Should help.
2007-03-23 17:49:12 · answer #7 · answered by Anonymous · 0⤊ 2⤋
move to illinois they just let 2 judges off with dui's gave them 1000 dollar fine 1 yr probation if they dont get another one within the yr the dui dont go on their records.
2007-03-23 17:53:30 · answer #8 · answered by I race cars 4 · 0⤊ 0⤋
THE least that could happen:
loss of license for long time
itll be on his record all his life, all employers will see it
person who gave him/sold alchohol will get in trouble, and more, i ono :/
good luck though
2007-03-23 17:44:58 · answer #9 · answered by uwannadonkey 2 · 1⤊ 0⤋
a large fine and guaranteed drivers license suspension
2007-03-23 17:44:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋
loss of liscence for six months. fines and public service. first time offenders are always slapped on the wrists and let go.
2007-03-23 17:44:40 · answer #11 · answered by Anonymous · 1⤊ 0⤋