Legal Question in DUI Law in California

He has a good chance of getting the charges reduced to a wet reckless and perhaps dismissed.

Assuming he's over 21, those numbers give him a fighting chance, but there's more than just the numbers in a DUI case. A thorough analysis, including the legality of the stop and investigation, procedural issues AND the accuracy of the blood alcohol results are all fair game to attack, depending on the facts.

He cannot miss the 10 day window from the date of his arrest to request a hearing with the DMV or they will automatically suspend his license.

Regardless of BA test level, he faces at least one charge of DUI, maybe also DUI presumptive with a .082. You�ll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges.

CAN the case end up being dropped? Sure. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight.

The standard advice: Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.

Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

If your son was under 21, he shouldn''t have any measurable amount of alcohol on his breath. If over 21, your son would be aiming at the best reduction possible....maybe get a dismissal. Whatever his age, you have nothing to lose by seeking the counsel of a qualified attorney in or near your area. They should give FREE CONSULTATIONS. I wish you and your son well......David Wallin