The first issue is whether or not you even qualify for a court appointed attorney.
You are facing up to a year in jail on DUI#2 and up to 6 months on the DUI#1 probation violation, not to mention a driver's license suspension of at least a year due to driving with a measurable amount of alcohol while on DUI probation.
The fact no bad driving was observed, coupled with the low BrAC will help, but there is too much as stake not to deal with this proactively (assuming you can financially...
If only it were that easy...
If your friend is a CA attorney, then they should resign as an attorney immediately. If they are not a licensed, locally experienced criminal defense attorney, then you should hire someone who is.
Yes but these things have strict time limits. Contact a locally experienced criminal defense attorney ASAP to evaluate your case and hopefully not just tell you what you want to hear in order to gain your business.
Assuming the arrest was lawful and the test was accurate, you may have an uphill battle to "beat" the case. But with a quality locally experienced criminal defense attorney at your side you give yourself the best chance to get the best outcome possible given the facts of your case....even if all that can be done is obtaining the minimum sentence under the law which is 96 hours jail (assuming the prior was within 10 years, possibly with alternatives to actual jail), a fine of around $2,500, an...
Assuming you are eligible for an appointed attorney, go that route for your arraignment (first court appearance) and see how you feel.
The main concern you should be having between now and the first court date is what to do about DMV. You need to request your administrative hearing within 10 calendar days from your arrest to preserve your privilege to drive.
Might make the most sense to hire a quality criminal defense attorney to handle the DMV hearing at least.