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Arrested for a DUI with a bac of exactly .08 after an accident. Is there any chance to win the DMV hearing?

Vista, CA |

My lawyer says no chance as an accident was involved. Is this true?

Attorney Answers 6


  1. I suggest that you contact an attorney in the jurisdiction of the offense. There are differences in administrative rules and regulations relating to driver license suspensions in different states.


  2. If you have hired a lawyer you should either listen to him/her or get another one. I believe there is a reason to contest administrative hearings beyond the result of the hearing. Here you have significant chance of very serious consequences beyond the immediate results of the hearing.

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    --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
    http://addbalance.com/drunk_driving_lawyer.htm

    --- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
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    --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
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    --- DUI/DWI/Drugged Driving with Prescription Drugs – Madison Wisconsin
    http://addbalance.com/duidrugs.htm

    --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
    http://addbalance.com/duitendaywarning.htm

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm


  3. First of all, let me just respond to the "answers" already posted to your question: It appears as these two lawyers are from jurisdictions outside of California and are simply posting "answers" to your questions in an effort to collect the points that Avvo awards them for input. However, in my opinion, neither of them have provided any useful information for you.

    That being said, as a criminal defense attorney who has practiced in California for over a decade, let me say that your attorney is most likely right that the chance of success at a DMV hearing is low; however, even if you may not prevail, there are benefits to having the hearing, in that your attorney may gain valuable information from the testimony of the officers that may help them in the criminal aspect of your case.

    Best of Luck.


  4. Under recent caselaw in California, there is an excellent chance of winning at DMV with a pure .08, if that is what it is. But notwithstanding the new caselaw, there is always a good chance of winning .08s at DMV, and a much better one of winning at trial, if you have someone both with the knowledge and with the hormones to press the matter to trial. .08s are very, very winnable, with the right lawyer, and it needs to be one who has experience and a trackrecord in DUI law; not every criminal lawyer knows the tricky, and winnable, ins and outs of DUI law. And not every lawyers knows anything, and the necessary somethings, about criminal law in general. www.kennedyforlaw.com


  5. There's always a chance under the right set of circumstances. If you have doubts in the advice and counsel of the attorney you hired, then perhaps it's time to get a second opinion from another locally experienced criminal defense attorney.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


  6. Yes, there is a chance to win your DMV with a .08 BAC. However, it all depends on the facts of your case. How long after driving did you submit to the chemical test? Was it a Breath or Blood? The facts of your case are important. Just because there was an accident, does not automatically make your case a loser. Although it does play a big role in your chances of winning. One of the elements the DMV has to determine is if you were a .08 or higher. Depending on the facts, you might be able to fight this one.

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