Legal Question in DUI Law in California

d.u.i.

I pulled over to use my cell phone @2am. SRPD comes up behind me asked me how can he help. I said that I was lost and was just making a call for directions. Then he asked have I been drinking I said yes earlier that day. I had 2 drinks @8pm. He had me step out of the car I passed all his test then he asked would I like a breath test or blood. I said blood to prove that I didn't have alcohol in me. He had me turn around then he 'cuffed. I asked why am I being arrested he said DUI. What can I do if it is proven that I wasn't drunk?


Asked on 7/15/08, 5:52 pm

1 Answer from Attorneys
Gordon Fauth Fauth Law Offices

Re: d.u.i.

Unfortunately, by telling the officer you had two drinks earlier, that plus his "observations" probably gave him probable cause for the arrest, assuming he saw you driving or that your driving could be assumed from the circumstances (driving is an element of the DUI offense). But, when the blood test results come in, they should show you well below the .08% DUI threshold, if you had only two drinks hours earlier. If you need representation, feel free to contact us.

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Answered on 7/15/08, 8:57 pm


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