Can I get out of a DUI with a BAC of .06 .07 and .08 if it my 1st offence and i'm under 21?

Asked about 2 years ago - Newport Beach, CA

I was driving on a grass field that i normally drive on but illigall, and got stuck in the mud. The cops showed up while I was standing outside the car with the keys in my pocket. I passed all there DUI test but blew a .06 .07 and .08.How should i go about dealing with this.

Additional information

when they asked if i as driving i did admit that i was.

Attorney answers (4)

  1. Denis Hurley White Jr

    Contributor Level 13

    7

    Lawyers agree

    Answered . It is certainly in your interest to contact a good local DUI attorney. Do some quick research on AVVO and the California DUI Lawyers Association websites.

    There are a number of things the District Attorney can charge you with. From worst to best they are VC23152(a) & VC 23152(b), VC23140, VC23136. The first two are normal DUI charges. The second two are used in connection with under 21 drivers. The VC23140 requires a BAC of .05 or greater and the VC23136 requires a BAC of .01 or higher. While there are some penalties for the second two they are lower than the VC23152 and they do not count as a prior DUI, if you should get into trouble again. Additionally, there are other ways to resolve a case if you are charged with a straight DUI, that result in lower penalties. You may have heaerd of the terms Wet Reckless or Dry Reckless. Don't forget to consider trial, if the facts are right.

    DMV simply needs to show the BAC was .01 or higher to take your license for 1 year. DMV has two ways to suspend your license. If you fail to request an APS hearing of DMV within 10 calendar days of the incident, DMV will suspend your license. If there is a conviction for anything but the VC23136 the court will order the 1 year suspension. For some odd reason the VC23136 doesn't require the court to order the same suspension.

    Get started with your research of local DUI attorneys andf make the call.

  2. Michael Korry Bialys

    Contributor Level 13

    3

    Lawyers agree

    Answered . based on some of the facts alone, you have a very good chance of ending up with no DUI it all I am still going to suggest that you get your own attorney to make certain that you are railroad here

  3. Peter Francis Iocona

    Contributor Level 11

    3

    Lawyers agree

    Answered . In Orange County you can expect the DA to file three charges: VC 23152(a), 23152(b) and 23140, the last one is an infraction and covers the under 0.08 territory where under the influence and above a 0.08 cannot be proven. It's a tough County for prosecuting DUI offenders, but the cases can be negotiated out favorably or won at trial. A good, reputable OC DUI Lawyer should be able to better your outcome. The license issue is equally important due to the extended one year suspension period.

    I practice almost exclusively out of Orange County and primarily only represent DUI offenders if you would like to discuss the matter.

  4. Charles K. Kenyon Jr.

    Contributor Level 20

    3

    Lawyers agree

    Answered . You may have several defenses to this charge.

    Contact a local dui//dwi lawyer as soon as possible. . You can lose your license before you even get to court. http://addbalance.com/duitendaywarning.htm

    The field sobriety "tests" are designed so that sober people will fail them, even if they are properly done. Often, they are not properly done. Only someone with expertise in this area can recognize problems with how the tests were done. http://addbalance.com/fieldsobrietytests.htm

    What to do if you are stopped when you have been drinking?
    http://addbalance.com/duistop.htm

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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