Legal Question in DUI Law in California

Arrested for DUI, need help/questions answered

I was arrested over the holiday weekend for DUI. They took a blood test, and I don't know the results, but the ticket was marked ''.08%''.

I have one prior for hit and run, but NO prior DUIs. Realistically, what am I looking at, and do I need an attorney?


Asked on 12/03/02, 4:11 pm

4 Answers from Attorneys

David Diamond Diamond & Associates

Re: Arrested for DUI, need help/questions answered

You should most certianly seek legal representation in this case. With a point.08 reading it is very possible to get the case reduced or dismissed completely. Please give our offices a call at 1-866-You-Are-Innocent in order to set up a free consultation immediately.

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Answered on 12/05/02, 5:18 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Arrested for DUI, need help/questions answered

Yes you should hire a lawyer because of your low BAC. As a practical matter if convicted, you should face the mandatory minimum if there are no additional, aggravating facts. But if you get a second conviction, the punishment is significantly greater.

Feel free to contact me with any further questions-Martin

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Answered on 12/03/02, 4:45 pm
Adam Telanoff Telanoff & Telanoff

Re: Arrested for DUI, need help/questions answered

The quick answer for you is, yes, you should have a lawyer assist you with this. Because your BAC appears to be at the bordeline for a DUI you probably have an excellent case to defend.

You have two issues of concern, the first is criminal (through the Courts), the second is administrative with the DMV. Both need to be addressed, the DMV has a very quick deadline to challenge.

You are facing, in no particular order, suspension and/or restiction of your driver's license, a heavy fine (including additional penalties), increased insurance rates, and possible jail time.

I am available for a consultation, contact me via email first.

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Answered on 12/03/02, 5:28 pm
Terry A. Nelson Nelson & Lawless

Re: Arrested for DUI, need help/questions answered

Depends upon the blood alcohol level after testing. If you think you are under .08 [4 1 ounce shots, or 4 beers still in you], then it will be easier to keep your punishment down. Sure, you need an attorney - on the theory that the DA will recognize that you take the situation seriously, and that you have paid dearly for that attorney, so they can give you a break on jail and fines. Your choice. All that assumes you are guilty and don't want to go to trial. Contact me if interested in discussing the details and fees/costs of defense.

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Answered on 12/03/02, 8:37 pm


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