Legal Question in DUI Law in California
Can I be charged with a DUI or have my license suspended if my alcohol level was at .03 but I refused a breathalizer test, and when being booked blood was drawn and the possibilty of having drugs in my system is inevitable and i was also cited for being under the influence of a controlled substance. also i have one prior DUI from over five years ago and if all charges stand what may be the possible sentence or fine. i have no priors for drug related offenses
2 Answers from Attorneys
It is possible. What actually happens depends on your lawyer. You need an office like mine that is willing to fight hard for you. Depending on what happens we could forseeably win this case.
You 'can' be charged with anything the police and DA think they have a chance of proving, including DUI with 0.0 alcohol showing, since alcohol is not the only drug possible to explain your 'impaired' driving that caused the stop. The blood test will be used against you if it shows any drugs. With a prior, you face enhanced penalties and jail time. Whatever evidence and facts you may have can be used by your attorney to either negotiate the best plea bargain deal possible, or to force the case to trial if you think you have a chance of winning at trial. If serious about getting counsel to help you in this, feel free to contact me. Keep in mind that you have only 10 days from arrest and release to file your appeal with DMV to avoid automatic loss of license.
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