Legal Question in DUI Law in California

My problem is as follows...
After drinking at a friends baby shower I decided after the "mother-to-be" left and not knowing anybody else there or where to stay, I decided (terribly) to drive home. I didn't get that far when I felt that I had had too much to drink. I pulled over thinking I would sleep it off. Approximately 5 hours later I was woken by an officer who then began their routine DUI tests. Ultimately handcuffing me and charging me with the two typical DUI related charges. I have read the wording of the California DUI laws and another attorney has explained, as well, that not only did the officers NOT witness the vehicle moving (nor did they have a witness), but they have no reference as to whether I was speeding, reckless driving, or even what my BAC would have been. I also read that DMV allows for the "assumption" of recent vehicle operation based on the warmth of the engine. After the estimated 5 hours that I had been asleep there was obviously no heat emitting from either the engine block or the exhaust. I'm told that there multiple defense strategies for my case, but unfortunately can't afford a typical DUI attorneys retainer. Is there any advice I can I get regarding a defense?

Asked on 1/04/11, 12:23 pm

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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0 attorneys agreed

The public defender will help you enroll in an alcoholism program.

Answered on 1/09/11, 10:16 pm

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