Can I plea not guilty to a 23152(a)?

Asked over 1 year ago - Rancho Cucamonga, CA

My friend and I, which he was driving were stop at a club parking lot. my friend was arrested an tooken to jail for having a knife on him. I had to take taxi back home he later called that night an told me he had been released I drive my car to pick him up. When I arrived at the station cops suspected me of under the influence because my eyes were red he gave me sobriety test which I passed hen offered me a breathalyzer test. I refused an took a blood test instead , jus about two weeks I received my id an my test results. My bac was a 0.06 do I have a case?

Attorney answers (4)

  1. Chris J Feasel

    Contributor Level 17

    4

    Lawyers agree

    Answered . Are you over 21? If so, yes. If not, maybe. Consult with a local DUI attorney.

    Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing... more
  2. Oscar Rene Gutierrez

    Contributor Level 12

    4

    Lawyers agree

    Answered . As my colleagues stated, it depends on your age.

    If you are over 21, the FSTs cannot really be passed. The officers look for standardized "clues" that you may or may not have displayed at that time.

    Also, to be convicted under 23152(a) the prosecutor must prove that you were "under the influence" of alcohol or drugs or a combination of the two at the time of driving. "Under the influence" has a very technical meaning. Therefore, your best bet would be to consult with a DUI attorney and show any documentation, including the police report, to determine if you do have a case.

    The information above is not intended as legal advice or to create an attorney-client relationship between you and... more
  3. Peter John Marek

    Contributor Level 18

    2

    Lawyers agree

    Answered . For a minor the BAC level is .04 . for an adult .08. Which are you? Get an attorney private or court appointed but don't go it alone.

  4. John Paul Thygerson

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . Depends on your age.

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