Legal Question in DUI Law in California

I was Arrested on 9/9/15 Here is what Happened, I did have few drinks before I got behind the wheel, So when I was getting off the freeway I hit the curb where the offramp was and got a flat tire, so I pulled over and I had two friends in the car with me, my insurance is not triple A but my friend did have triple A so she called them, they showed up in a matter of minutes to help fix the tire, a few minutes later a couple officers showed up, they had asked me what happened, I told them, they asked me about drinks I said yes I had 2, so they gave me a few sobriety tests, He ended up arresting me saying that I was at a .086 we got back to the station & he said the I had to voluntarily do another Breathalyzer or a blood test, I went with the Breathalyzer blew twice I was at a .07, he said that I am not over the legal limit and that I would be released in 4-8 hrs with no bail, then he booked me and gave me to a police woman who was like oh no your going to be here until the morning with a $5,000 bail, so my dad had called the jail as well and the told him they were keeping me for 72 hrs, eventually my dad bailed me out, I never received a physical ticket/citation, a pink or yellow one, all I received was a print out of my booking info where I noticed it said DUI Alcohol/Drugs, I do not understand why it would say drugs? I did not have any type of drugs on me, or in me, they asked me if I took any drugs I told them no, so why would it say that? And what can I do about the fact that I was not over the legal limit, what is the point of having a legal limit if you can get arrested still for being under it?


Asked on 9/16/15, 8:31 am

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Several questions all in one.

Yes, you can get a DUI even user 0.08%. There are two different DUI charges - one for driving under the influence and one for driving with 0.08% or above. They can also backwards calculate what your blood alcohol would have been at the time you got the flat tire based on time.

If they took your license away from you and issued a pink 8 1/2 x 11 temporary license, you MUST contact the dmv within 10 days of they will automatically suspend your license - potentially. Since the "official" test was below 0.08%, you can beat the dmv, but you still have to contend with the court of and when charges are filed. You're likely to have DUI charges filed against you for this incident. Start consulting with a good local defense attorney now - and don't miss the 10 day window.

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Answered on 9/16/15, 9:12 am
Barney Gibbs Law Office of Barney B. Gibbs

It is possible to be charged with a dui where your blood alcohol is less than.08.However this may mean that you have a good case.I have been reprisented people charged with d.u.i for over 30 years please call and I can review the case for you at no charge.Barney Gibbs 7148389019.

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Answered on 9/16/15, 10:58 am


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