Legal Question in Criminal Law in California
DUI - What's my next step?
Two nights ago I was arrested on a DUI charge, breathalized at .18%. The offier was unable to get the breathalizer to work twice so he said that reading did not stand. I decided on blood test in the hopes that my BAC would drop by the time I got to the hospital. I need to know what to do now - should I try and get an attorney for my court date to plea bargain the case down to a wet reckless? Or do I just do a trial over the phone and accept the DUI conviction? In either case is there any way to avoid the 30 day hard suspension of my license?
Thank you for any and all answers, I feel very lost.
3 Answers from Attorneys
Re: DUI - What's my next step?
Please let us know when you find out how to do a "trial over the phone".
You apparently need counsel to help you minimize or avoid jail. BTW: getting a wet reckless is rare and requires below .08 BA as a start, don't delude yourself. If you don't properly appeal to the DMV, and win your hearing on the facts, your license is suspended for a year, not a month.
Re: DUI - What's my next step?
You are dealing with two separate processes. The first is the DMV revocation of your license for driving with a blood alcohol level of .08 or higher. This hearing can be done over the telephone. You have the right to be represented by an attorney. The best approach for this hearing is to request a formal hearing. The police officer must be present at that hearing. The second process is the criminal aspect of the case. The criminal case will require you to go to court. If you contest the charges there will be a trial by either court or trial.
Re: DUI - What's my next step?
You seem to think this is little more than a traffic ticket, but you're wrong. A DUI is much more serious than you realize, especially since your blood test almost surely confirmed that you were well over the 0.08% limit. You need a lawyer ASAP. It may be possible to ple bargain, but you don't know how to do it and you need someone who does to help you get the best result you can.
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