Should we be doing anything while waiting for county to file DUI charges?

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Should we be doing anything while waiting for county to file DUI charges?

My daughter was in a DUI accident 3 months ago. She hit an unoccupied car, totaling both. There was also very minor injury to her passenger. She blew a BAC of .17 in the field. When blood was taken at the hospital, it registered at .21. The arresting officers released her under CA 849b. DMV has suspended her license until she enrolls in a 9 month DUI program or waits 2 more months. We are sure charges are going to filed, but wonder what we can be doing in the meantime. This has really opened her eyes and she wants to take the appropriate responsible actions.

Asked on November 30, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your daughter is very lucky to have been able to make that decision after what happened.  And lucky that it was not far worse an accident.   I would strongly suggest that you go and speak with an attorney as soon as you can.  Speak with him or her about her enrolling in a voluntary program - not necessarily the DUI one to get her license back -  but another program to show the courts that she is very serious about this never happening again.  She should take the necessary steps to make restitution to the parties that she damaged (over and above what your car insurance paid).   You will also need to speak with the attorney about the charges that will be brought and the potential penalties.  Good luck.


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