Legal Question in DUI Law in California

21 yr old son arrested for DUI

My son was arrested for DUI on 06/05/06. From what he told me the passed the Field Sob. Test however when they did the PAZ on him he came in at 0.09. He was arrested and cited for 27152 A & B. During the booking they drew blood(no results given for that)however he said they did not ask him they just drew the blood. Can they do that? He says when they ran him his pending drug charge came up and they searched his car. I didn't think the drug charge (possesion of marijuana)would show until his arraignment. Also if they find any marijuana in the blood will they try to charge him with both DUI for drugs and alcohol? No prior DUI's. Pleae advise.


Asked on 6/06/06, 11:15 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: 21 yr old son arrested for DUI

The police report will cerainly state he gave consent for blood draw; his word against theirs. If there were drugs in his system, he will be charged with that too. All convictions and pending cases will be shown on his rap sheet used by the DA and court. Sounds like he needs an experienced attorney, and to change his behavior to avoid jail. Contact me if interested in handling this.

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Answered on 6/07/06, 3:36 pm
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: 21 yr old son arrested for DUI

Too many questions to answer by e-mail. Please contact Mike Navarro at our office at [email protected] . Please provide a telephone number so he can call you.

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Answered on 6/07/06, 8:49 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: 21 yr old son arrested for DUI

He should be charged with a violation of 23152 (a) which is driving under the influence of alcohol or a drug. The b section applies only to driving when the blood alcohol level is .08 or higher. You really should consult an attorney about his defense. A copy of the police report should be obtained and reviewed with the attorney. That is the only way you can really determine what is the best course of action. Also even if convicted of both the a and b section he will be sentenced only under one section.

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Answered on 6/07/06, 1:47 am


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