The test in the field is usually a preliminary alcohol screening test. Cops are trained not to give you the results of this test and will say many things to get you to stop asking about the results. I have had many clients tell me the machine in the field was not working, only to see the results in the police report at a later date.
There is a 10% margin of error on a blood test. The lab is usually comparing two numbers to get an average that they report. Blood can also be re-tested by someone other than the D.A.'s lab.
There are a lot of issues in a .08 Blood case and you should hire an experienced DUI lawyer to defend this case in Court and at DMV. That attorney can give you your best answers once he/she reviews the discovery and goes over your account of the stop in detail. This sounds like a good case for a...
Find a DUI lawyer in your area whose main focus is DUI defense and get a free consultation. You have only 10 days from the date of offense to request a DMV hearing or your license will go into suspension 30 days after arrest. A public defender will not be able to assist you at DMV. Talk to the lawyer before making any statement to your insurance company.
Without more information, it sounds like your last DUI over ten years ago was within seven years of a prior DUI. That would cause DMV to require you to take the Multiple Offender DUI School before giving your license back. Talk to the Mandatory Unit at Sacramento DMV to confirm what you need to do to get your license back. You will also need SR-22 proof of insurance and must maintain it for three years after you get your license back.
Your attorney is the first place to start to answer this question. You've already been told above about the options of admin review (very tough to win there) and a writ (expensive, but at least you may get a stay of suspension until Superior Court makes a ruling many months later).
A Hellmandollar plea is an option with the court case. If your attorney is not familiar with this then ask them to contact a DUI Lawyer who can teach them about it. The right judge, even in San Mateo County,...
This is a question that you need to discuss with your public defender. You might be able to help them by getting the scram and or scram-X put on now. Other things that can help are proof of AA meetings (7 per week is a good start) and a letter from a therapist showing you are addressing your issues.
Courts like to see the above types of moves on your part. You should also consider residential treatment, with at least a 28 day program to start. The work you do now will help with the...
The DA will decided whether or not to charge you with a crime. You want to consult with a DUI lawyer to discuss your case, and do not try to deal with this without a lawyer. Impaired driving due to marijuana or marijuana and a small amount of alcohol is a lot harder to prove than dui alcohol.
This sounds like a case that can be won, but there is no way to predict the outcome based on the information you've presented so far. A DUI lawyer needs to interview you, examine the police report,...
You are correct in that a couple of attorney's have successfully challenged DMV's position here. The result in those cases would mean their client's could get a work restricted license with and ignition interlock after three months of suspension, as long as they were also enrolled in a multiple offender DUI School.
You can file a writ on your own. The problem is the time and money involved, along with making sure it's done correctly. The filing fees are expensive. There are not a lot...
Usually a BAC under .08 results in DMV setting aside any suspension. Regarding what you need to say to get your license back, you should do a free consultation with a DUI lawyer. The consequences and costs if you don't handle this properly might be avoided with this consultation.
The officers should not have taken your license if you were under .08.
Feel free to call me to go over your case. I handle Bay Area DUI cases.
You or your lawyer can contact the mandatory actions unit at Sacramento DMV and let them know what school refuses to enroll you even though you are required to do so to get a restricted license. DMV has been known to contact Schools and let them know they are required to enroll you.
You can also check with other schools in other areas and see if they will enroll you.