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

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?

Rancho Cucamonga, CA -

Attorney Answers (4)

Chris J Feasel

Chris J Feasel

DUI / DWI Attorney
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
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Oscar Rene Gutierrez

Oscar Rene Gutierrez

DUI / DWI Attorney - Los Angeles, CA
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
Peter John Marek

Peter John Marek

DUI / DWI Attorney - Stockton, CA
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.

John Paul Thygerson

John Paul Thygerson

DUI / DWI Attorney - Norwalk, CT
Answered

Depends on your age.

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