Legal Question in Criminal Law in California
Drunk?
My son stopped at the side of the road in the highway to call for a tow truck because he had a flat tire. While waiting for the tow truck to come a CHP person stopped to see what was wrong. My son showed him the flat in the corse of the conversation he asked, if he had been drinking my son told him that he was at a party the night before and had drunk. Then he processed to check the car(there was nothing in the car except school books) in asked if my son would take a test to see if he was drunk and he said yes. He was take to a hospital asked wether he wanted ablood test or breath test. A breath test was give
the result was 0.7. He was detained for 7 hours. He was then released and told he need to appear in court in 3 weeks. My question what happens now.
What can happen to my son he is 23years old has no crimminal record or any violations.
1 Answer from Attorneys
Re: Drunk?
First recheck the blood alcohol reading from the breath test. If the reading is really 0.7 and not 0.07, either your son is lucky to be alive or the machine is broken. The highest readin I am aware for a person that survived is 0.5 and many people think that even that reading is so high that the person should have been dead. Further there are additional penalties that may be assessed against him as a result of an the extremely high blood alcohol level.
Hire an attorney to represent your son. The attorney will read the police report and discuss the facts with your son.
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