Legal Question in DUI Law in California

first time dui

I recently was pulled over and arrested for a DUI. I agreed to the breathalizer test when i was pulled over. They took it twice. once i was taken to the jail, it was about 2 hours before the blood test was finally administered. according to the DA's office, it was .16. is it possible that at the site it wasnt so high? i stopped drinking at 530ish and was pulled over around 630. also, i live in a different county than where i was pulled over. how does that work? is it in my best interest to hire an attorney? do i have to appear with the attorney for my arraignment? please help!!


Asked on 11/12/03, 10:32 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: first time dui

You should definitely retain an attorney to represent in this case. The general rule is that somewhere between 30 and 60 minutes after the last drink your blood alcohol reaches the maximum value and begins to go down. The rate at which alcohol is metabilized is .01 per cent per hour. Whether your blood alcohol level was higher or lower at the time of the stop is a question of fact.

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Answered on 11/13/03, 12:27 am


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