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Arrested for DUI, but ends up he wasn't over the legal limit.

Moreno Valley, CA |

So my brother got arrested yesterday for DUI, he had been home drinking a bit here with the family and my other brother asked for a ride to get dropped at his friends. On his way back this CHP stopped him he got to pull up a bit on the drive way, CHP throws his light and says, " Don't move." Long story short my brother was tested twice with the breathalyzer. I asked the CHP what was the result he gave me the run a round and said," I am taking him for DUI and he will get a chemical test." I asked him again ," okay but what are the results." He said ," I am attaching results on the report." So I didn't get an answer. Well my brother is out he said the CHP who arrested him took him down the street to meet up with his partner . His partner did another breathalyzer test ends up that the

Attorney Answers 6


  1. First, he needs to get an attorney, fast. Second, he needs to make sure he contacts the DMV and sets up the administrative hearing within 10 days of the arrest. Your brother needs an attorney to review all the facts of the police investigation and plan a good defense.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  2. Your brother should speak to an attorney. As Mr. Solis just mentioned, he has 10 days to request a "DMV Hearing" in order to stay (delay) the automatic suspension and possibly save his driving privileges. Also, it appears as if your question got cut off. Is there more to this situation? Either way, DUIs can have serious consequences, your brother should talk to some attorneys and retain one of his liking.

    The answer above is for informational purposes only and is not intended to provide legal advice or form an attorney-client relationship. The above response should not be relied upon for any specific situation. If you need legal advice specific to your needs, you should consult with a licensed attorney.


  3. Get a lawyer for your brother sounds like you have multiple defenses


  4. The .08% limit only applies to 23152(b) prosecution. If his chemical test came back below .08%, he could still face 23152(b) prosecution if the preliminary alcohol test was above. Beyond that, yes, he could also be facing a DUI under 23152(a) as that vehicle code section does not require a specific BAC level to prosecute.

    He should request a DMV hearing ASAP in order to protect his license. If he truly ends up below the limit, DMV will just cancel the hearing. Otherwise, he won't risk automatic suspension by requesting it. He has 10 days from date of arrest to request it.

    If he did a blood test, there is no way he would already know his BAC level.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


  5. He needs a lawyer to protect his rights, including scheduling the DMV hearing. Don't delay - time is of the essence.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.


  6. Get an attorney ASAP to deal with court and DMV. You only have10 days from arrest to deal with DMV . This sounds like an interesting case.

    Andrew Roberts (818) 597-0633/ (805) 496-7777

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