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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?

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.

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

Attorney Answers 4

Posted

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

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Posted

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 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

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3 comments

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

I am one of the lawyers who agreed with Mr. White's thorough analysis of the law. While it may seem minor, now, any DUI can be huge in the future. Try to avoid getting tagged with one. In the future, do not drive after you've been drinking. It isn't illegal (over 21) but it is easily avoidable trouble. Our society's attitudes toward alcohol use are evolving, not necessarily for the better.

John M. Kaman

John M. Kaman

Posted

But you are wrong in asserting he may have defenses to the charge. As he is under 21 in CA he'll lose his license for a year if he blows more than .01. It's not a DUI, but for a young driver its effects can be worse.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

He may have defenses to a DUI. The question was: Can I get out of a DUI?

Posted

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.

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Posted

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.

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