Skip to main content
Oscar Rene Gutierrez

Oscar Gutierrez’s Answers

137 total


  • LA Metro 0.09 BAC only FTS and blood drawn - would a "blood split" motion with lower results make mandatory DMV reinstate lic?

    which motions or actions would you take to fight blood BAC 0.09? Would you negotiate a lesser charge with the DA before even requesting a blood retest? If blood retest is under 0.08 would it be possible to have DMV reinstate license if suspended a...

    Oscar’s Answer

    You're leaving out the description of your performance on the FSTs. This, in addition to your driving pattern, are other factors which need to be taken into consideration along with the BAC. Because the BAC is just slightly above the legal limit, there is room for negotiation with the DA/City Attorney. Taking a blood split may reveal that the BAC was lower, but it may also confirm that the reading was correct. It may be time to hire an attorney, if you have not already.

    See question 
  • Will I need to serve any jail time for a first offense DUI in Orange County, CA?

    My charges are 23152 (A)V.C. and 23152 (B)V.C. My BAC level was high most likely because I took the shots fast on an empty stomach. This is my first DUI and I have nothing else on my record. I was in an accident on the freeway where someone hit me...

    Oscar’s Answer

    Jail is possible. Orange County is conservative when compared to other counties. However, without knowing your BAC and the other facts, it is difficult to give you a more definitive answer. Facts such as how much you had to drink, the time when you had your drinks, your performance on FSTs, and other objective signs of impairment must be taken in to consideration. As for alternative sentencing, you are getting ahead of yourself. You have 10 days to schedule a DMV hearing in order to protect your driving privileges. You should be worried about that first. The public defender won't help you there. Many attorneys offer free consultations in which you can bring up your financial situation. Don't delay!

    See question 
  • Walking home drunk in California?

    Hi, My house is 2 blocks from a bar which I occasionally go. When I go I have a 3-4 drinks and walk back home. My question is ,can I be stopped and charged being drunk in public (I'm not stammering, not stumbling, not disturbing peace,etc). Ca...

    Oscar’s Answer

    • Selected as best answer

    As indicated by my colleagues, there is no BAC for drunk in public.

    In order to be stopped by a police officer, you would probably need to be doing something that would indicate you were under the influence. Some possible examples include: being passed out on the floor, urinating in public, running in to objects/cars, yelling/shouting, causing fights, etc.

    It appears as if you are posing this as a hypothetical, so if you are just going about your way and walking home peacefully, you should be ok.

    See question 
  • I cannot afford my DUI classes

    I have a DUI from 10 years ago I completed my community service in my probation ended in 3 years I was also informed that I have a driving with a suspended license I am on Social Security with a fixed budget please give me some advice on what are ...

    Oscar’s Answer

    In addition to what my two colleagues' answers, do not drive if you have a suspended license. You will only complicate matters if you are caught.

    See question 
  • Got a .09 dui in san bernardino county, can i get a wet reckless instead?

    got pulled over Feb 2014, did the field test and breath test at the spot. Taken back to the station and did blood test. Report shows that I have a .09 BAC, a lost of people had told me I have a chance to get a wet reckless. Is that true? I asked t...

    Oscar’s Answer

    Can you? Yes. Will you? Possibly.

    As pointed out, a .09 is usually in the range that a wet-reckless is offered. Also as mentioned, most prosecutorial agencies won't just reduce automatically. Rather, you have to persuade the DA that a reduction is warranted based on holes in the case. Examples of "holes" could be: good driving, no objective signs of impairment, good performance on the FSTs, etc. However, you must have an experienced attorney review this.

    Also, the fact that you were cooperative is of little to no consequence, given that it did not affect your driving on that date.

    See question 
  • Can a DUI charge get lowered to a driving reckless?

    I'm 20 years old, my bac was .11. My officer never read me my Miranda rights. My car wasn't initially towed because I was being cooperative. I am a full time student and I have countless community service hours and this DUI charge is the only thin...

    Oscar’s Answer

    Possibly. Depends on the facts. One thing that doesn't help you is being underage. There is generally zero tolerance. Miranda Rights are usually not relevant in a DUI stop/investigation. Movies and TV dramas have done a poor job of oversimplifying this area of law. Lawyer up!

    See question 
  • I was not taken to jail and my vehicle wasn't impounded when I was charged with DUI. Why not?

    I was charged with DUI and my chemical test read .18 the officer let me contact a friend for a ride and didn't impound my vehicle.

    Oscar’s Answer

    You saved some money and a trip to jail. Take some of that money and put it toward fighting your case.

    A .018 is a high BAC and subject to an enhancement. If this is a first time DUI, with no probation violation(s), jail may be possible. If this is second or third time violation, jail is very likely to certain. You will also have fines/fees, an alcohol class, maybe some sort of community labor, and possibly an IID in your car. You have 10 days to request a DMV hearing. Start speaking with some local attorneys and see if they can help you. Your driving privileges and freedom are at stake here.

    See question 
  • I got my 2nd dui within 5yrs I blew a .27

    Will the judge give me more time because I blew.27, an should I get a lawyer I dont want to go to jail, I also can't do weekends because I work weekends I can do the bracelet but have to go to work

    Oscar’s Answer

    To put it bluntly, you must get a lawyer if you want any chance of avoiding jail. You have a prior and will likely receive an enhancement because of your very high BAC. Alternative sentencing is possible, but given the conservative jurisdiction, the high BAC, and the fact that this is your 2nd, you will have an uphill battle. You are for sure looking at possible jail time, along with a lengthy alcohol class, fines+fees, a license suspension, and maybe even an IID in your car.

    See question 
  • FIRST DUI, BAC .16 no accident/prop damage. First ever arrest in whole life. charged with VC 23152 a

    I got arrested for DUI, at scene officer said i have BAC of .16 after breath analyzer test but the paper given to me for court date shows charge as VC 23152 a. I read online and found that VC 23152 a is for BAC .08 or less. I was blood chemical te...

    Oscar’s Answer

    I'm not sure where you have read that it is a ".08 or less." The (a) count is driving under the influence of alcohol. You can be convicted on the (a) count without any BAC. The (b) count is driving with a .08 or above. Since you gave a breath sample in the field and one at the station, they now have two different BACs they can use against you. The official BAC will be the one from the blood draw. This could take weeks to get back. A BAC of .16 will probably earn you an "enhancement" because at a .16, you are double the legal limit.

    Get an attorney. This is not something you should fight on your own. Also, make sure to request a DMV hearing to fight for your driving privileges. If you fail to request one within 10 days of your arrest, your driving privileges will be suspended, no questions asked.

    See question