My date and I were at a night club in Ca, and he drove my car because I was too intoxicated to drive.?

Question

Unfortunately we got pulled over and he got a dui in my car. The police arranged a ride for me, and left my car at a parking lot. They put him in jail and got released after 8 hours now he has to go to court on Dec.3rd. My question is what will his punishments be? For 1st time offense and he has a clean record. He does not own a car he is only 24. He works for the city (it is a driving job he has his own truck) on the weekends. He has been with the city for a year now. He has a full time job elsewhere, and he is a server at a rest on sat and sun nights. Do you think the judge will be lenient with him because it was his 1st mistake? I told him I will help pay half of his monthly court fees..but what does a 1st time offense go through? What penalties should he expect? And will he loose his job for the city? Can't he get a restricted license and still work for the city? Please help he is freaking out and I want to help him by being there for him. But I want to know what to expect.

Answer 1

First offenses tend to get a night or two in jail, a fine in the $1000 range and a suspended license for 6 months to a year.

The city will very likely be required to fire him. He needs a clean driving record to drive as a job. DUI is a SERIOUS offense.

A restricted license can be issued if he needs to drive to get back and forth to work, however since he does not own a car I would doubt the court would grant one.

Next time, take a cab.

Answer 2

A little bit of a correction to mikeysco's otherwise excellent answer. There is a mandatory jail term ONLY if probation is not granted. That is Vehicle Code section 23536. However, if probation is granted, the court can, but is NOT required, to impose a jail term of at least 48 hours. That is Vehicle Code section 23538. Almost all people with a first time DUI get probation, and it is very uncommon for any jail time to be imposed if the circumstances are not aggravated.

And another little correction, the statewide uniform schedule calls for a fine of $1,482, which INCLUDES the various assessments.