Legal Question in DUI Law in California

There are two different DUI code sections. 23152(a) is driving under the influence at any blood alcohol level. If they think you were impaired by alcohol and unable to safely drive, they can prosecute you, even at an 0.07%.

The other section is 23152(b) - driving with 0.08% or more. Because of your blood alcohol results, they may not charge you with this section unless they think (and more importantly can prove) that your blood alcohol was at or over 0.08% at the time of the driving.

I assume that Anaheim PD took your license away from you at the time of your arrest and gave you a temporary license (a pink piece of paper). That also says you have only 10 days to contact the DMV and challenge the automatic suspension of your license. An attorney can handle both the criminal case from the arrest and fighting the DMV to keep your license.

If you cannot afford an attorney, you can request a public defender at your first court date. Keep in mind that your court date will be long after that 10 day window to contact the DMV and the Public Defender's office cannot and will not assist with the DMV proceedings.

http://www.joedane.com/about

You defend the criminal charges just like anyone else facing them. You can do it 'pro per' or with an attorney. If you can't afford one, a Public Defender can be appointed. Your attorney can use whatever evidence, facts, arguments, and defenses you have to help in negotiating a plea bargain for you, or take the case to trial if you think you both can 'beat' the charges. If serious about getting counsel, feel free to contact me.