Legal Question in DUI Law in California
subject to DUI and speeding
My daughter was stopped for speeding. She was asked if she had been drinking. She said no. It was 3 AM, she had one beer earlier. Policed asked her to blow into a device and she did not want to. She admited to one beer. She said she wanted a blood test. They put her in jail for 12 hours. She found out her blood alcohol level was .07% and the DVM issued her a new license, but she still has a court date scheduled for : complaint was filed for 23152 (a) and (b); driving under the influence of alcohol and blood alcohol .08% of above and not speeding.
Should she need a lawyer?
Thank you
1 Answer from Attorneys
Re: subject to DUI and speeding
Your daughter needs an attorney. She can be convicted of driving under the influence with a blood alcohol lower than .08%. If the alcohol has reduced her ability to drive safely she is driving under the influence.