Legal Question in DUI Law in California

Hello I received a DUI last night. I was leaving a bar with my friend and as soon as I pulled out I got pulled over. I was not worried because I didn't do anything wrong the cop said I had my blinker on too long, something stupid. He asked if I had been drinking and I said no he asked me to get out of the car so I did. I really wasn't worried because I knew I wasn't drunk even though I had been drinking earlier. I passed the sobriety tests then he pulled out the breathalyzer and I told him I didn't feel that was necassary so he said ok put your hands behind your back and then he took me to jail. At the jail I still maintained my innocense by saying I hadn't had a drink after being searched and all that the officer told me if I didn't do the breathalyzer they would forcefully take my blood so I did it. This was about an hour after first being pulled over. I can't remember what I blew but I think it was high like a .16. So I want to know whats my best bet and what do you think my outcome is going to be if I get an attorney to help defend me.Thanks Monica Carlin


Asked on 3/23/10, 10:02 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You didn't "pass the sobriety tests", you were arrested based upon them, and then the breathalyzer confirmed it. The officer merely lied to you as necessary to keep you cooperative, oh well. A .16 is double the legal limit, and results in enhanced penalties and punishment. Unless you know how to effectively defend yourself against a professional prosecutor seeking to convict and jail you, get a lawyer. If serious about doing so, feel free to contact me.

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Answered on 3/29/10, 1:04 pm


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