Badger, CA DUI Law Firms & Lawyers | Page 3 Results

1. It is not an infraction, DUI is a misdemeanor crime punishable by up to a year in jail. 2. You should have been given release paperwork from the jail with your court date already on it. If not, you'll get a notice in the mail sometime in the next few weeks or months. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential time, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

In Texas, the 3rd DWI in a lifetime is a felony. It can be reduced, but it can be charged as a felony of the 3rd degree (meaning 2 to 10 years in prison, unless there are other enhancement paragraphs to the punishment.)