California - Blew 0.22 / Speeding - Very scared

What is the name of your state (only U.S. law)?
California

Hello everyone.

I have been arrested for my first offense DUI (w/ speeding) in California and I am very scared. I do not have a criminal record. I am reading laws on the net [www.caduilaw.com] and they mention required 60 days jail time. I am single parent raising two kids and just started an awesome new IT job two weeks ago. I fear being sent to jail, losing my job, and putting my kids through a traumatic and stressful situation. I am an idiot for doing what I did and I deeply regret it, but I want to know what I should do and what I should expect.

I stopped at a local restaurant at 7:30 pm after a long and stressful day at work. I hadn't eaten all day, so I ordered a fish taco to eat and then and joined some friends for a few beers. We were drinking Stone beers by the pint. In the back of my mind I was thinking the "one drink per hour" rule but was foolish not realize that meant 1 bottle of normal beer per hour. After my DUI arrest, I realized that pints are more than '1 drink' (pint = 16oz, bottle = 12oz) and on top of it I researched the Stone beer we were drinking and it was 6.9% alcohol! (usually i drink bottles of amstel light that are 3.5% in comparison). Additionally, I did not realize that eating food right before drinking would delay the absorption of the alcohol.

So when I left the restaurant at about 11:50pm, feeling ok to drive 10 miles home (famous last words), I was in a hurry to get home, so I was speeding at 80mph when I passed a California Highway Patrol. The CHP saw me at 12:01am and tailed me on to the on ramp/freeway transition speeding, but under control and follow me for ~5 miles. The report says that I sped up to 100-105mph as I was approaching my exit. This is probably true because 1. I am a tall guy driving a MINI Cooper and can't see the numbers on the speedometer past 65mph because they are covered by the wheel and 2. I was in a hurry and additionally I had to use the restroom and was in a hurry for that. 3. I saw headlights coming up behind me (the CHP closing in) and was adjusting my speed based on other traffic. The arrest report says that my right tires straddled the line which may be true because I was 'adjusting' myself as I approached my exit so I wouldn't pee myself. He pulled me over and smelled beer on me and my eyes were red. He called in a DUI field test unit who arrived at 12:41pm. In the 30 minutes I was waiting for the DUI unit, I was taking deep breaths hoping to expel some alcohol from my lungs (dont know if this helped me or made it worse) . The officer asked me to perform the field sobriety tests and I had no idea that I had the option to refuse, so I complied. The officer noted that I messed up a couple test (did 4 sets instead of 3 on finger count, was using the bottom and side of my hand in the pat test instead of top and bottom, and he said my body was swaying (although I sway any ways due to discomfort/past injuries)). They had me performed the breathalyzer test and I blew a 0.22. I don't know how it came up so high... So they arrested me for DUI, took me into the station and asked if I wanted a breathalyzer or blood test. I didn't know which was better so I choose the blood test. I won't know the blood test results until Nov 28th.

Am I going to jail? For how long?

Should I get an attorney or just plead guilty?

Can I get reduced charges representing myself?

I talked to a few attorneys but don't have experience with researching them. I got the feeling that a couple of the larger ones were just 'fronts' for many lawyers working the background. The best feeling I got was from Michael Richmond ( San Diego DUI Lawyer | DUI San Diego | San Diego DUI Attorney ) who I was able to speak with directly. He said he would be flabbergasted if I got jail time for a first time offense DUI in my situation. Michael Richmond has three price points ($1500,$3000,$4500) each adding more time for expert arrest report review, blood analysis, etc.

Is it in my best interest to hire Michael Richmond at the highest price point?

Is this a case that is probably going to end up with the same outcome regardless of what an attorney can say and do?

Any other advice for me?

My sincere apologies for my actions. I assure you all that this will NEVER happen again.

Thank You for your time and advice.

I am sorry for your circumstances, and I understand that you are scared but you should have known better. You could have killed someone.

I dont know your state, but more importantly, I am not trained in this area nor do I have experience - I am not a professional in this area.

If this is your first offense you still might have to do pay a fine, perhaps community service, classes.........the biggest issue could be loss of license if convicted..........In a state like yours, a car is necessary. I would imagine in CA its not that easy to find jobs using local transport unless you have in a big city.

You may have already gotten an answer on this but if not, and you havent already done so, I would go with the lawyer since you had a good feeling. But first find out what you get for the various price points. You COULD try and deal with this on your own........but it might be easier to have the lawyer. Can you not ask family members or friend for an experienced lawyer in this area?

I hope you will post the outcome. I will give you credit for writing down all the details but perhaps that's more information than you should have posted.

Since its your first offense, I hope you will be able to get some sort of home detention/ankle bracelet. I dont know california law, but some states have a matrix of punishment based on the BAC. 0.22 is really high.

You should absolutely get a lawyer even if its to drop the speeding charge, they could consider the speed an aggrvated offense which will could make your sentence more harsh.

DONT DRINK. From experience, 0.22 means you drink frequently, especially if you felt "ok to drive". You will likely be required to take a drug test with an EtG which can detect any alcohol youve consumed in the last 5-6 days.

Prepare yourself to feel violated, for an extended period of time. I know you are sorry but they are going to try to beat you down for the next 2 years. You will likely end up with an ankle bracelet for at least a month, no license, alcohol education, alcolhol therapy and community service. My advice on all of that is to never ever skip any of it, keep going every week no matter what and get it behind you.

You know what you did was wrong, so don't let the system break you down even further. Good luck to you, I've been there.