You can still be charged for DUI even if the BAC results are below .08%. What you need to do now is approach this correctly so as to avoid a DUI conviction. You need to request a DMV hearing or risk your license automatically being suspended. Then you'll enter a not guilty plea in court at your arraignment and fight these charges. You have favorable facts, but I'm sure there's more to the story that an attorney will need to know. Get representation today because you need a representative for...
What you really want to know is "WILL" a cop come to your house and that answer is no. But you do have an arrest warrant now so any interaction with law enforcement can result in your arrest. This type of thing only gets worse & more expensive, the longer you wait to resolve it. If you don't want to walk into court, retain an attorney. It'll likely save you money in the long run.
Typical consequences for a first time DUI conviction include, but are not limited to:
1.) Court fine plus penalty assessments
2.) Jail time
3.) Interlock ignition device
4.) DNA sample
5.) License suspension
6.) Alcohol program; &
Moreover, because the BAC result was greater than 0.15, CA law permits the district attorney to add a "DUI Enhancement" charge.
My colleagues are correct; you have favorable facts to possibly reduce the charge to a "reckless" - but it's not a guarantee. However, the possibility exists that you may be able to avoid a conviction entirely - if the facts permit it. Hard to tell without knowing all of the details. If you can afford an attorney, get one. Immediately. If you can't afford an attorney, request a public defender. Whatever you do, do not simply plead "guilty" at your arraignment.
If you haven't violated any terms of your probation, it's possible to submit a motion to terminate probation early. If you had a lawyer for the underlying DUI, they can draft a motion for you. If not, you can seek out a lawyer to file the motion for you. Good luck!
You'll see a common theme in the responses from my colleagues, and I will reiterate: hire a local attorney and relax. We handle these kinds of cases all the time. Make some calls, hire someone, and go about your life.
What you call the "1st time" breath test is a preliminary alcohol screening ("PAS") and although it's unofficial, it may possibly weigh in the prosecution decision. Technically, your BAC was recorded at .07 at the station house. Remember that you have to deal with the court system and the DMV separately so go ahead and request your DMV hearing unless you don't mind if your license is automatically suspended 10-days after your arrest.
You have received a bench warrant for failing to appear for your arraignment (I'm making an assumption there that you missed your arraignment). "Will" the cops come to your house to arrest you? No. But if you have any interaction with law enforcement while this is outstanding, you will likely find yourself in handcuffs.
Obviously, you need to take care of this. Not only do you have a DUI charge with all those fines, you've now incurred an additional $750 (estimating) fine on this Failure To...
Your best bet is to have an attorney look into your matter for you and provide you with guidance on what steps to take. It's possible that you will need post-conviction representation. Typically, this should cost you significantly less than trial representation would. This will not magically go away so make sure you deal with it and put this matter behind you!