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

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?

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Attorney answers 4


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 stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.


Depends on your age.


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 any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information.

Tina Marie Barberi

Tina Marie Barberi


I agree. If you are over 21, you may have a good case depending on your driving and the FST's, and whether the officer conducted the DUI investigation correctly. I won a case just like this and my client was .17 BAC, so you should contact an attorney immediately. DMV will suspend your license if you are convicted of a DUI, therefore it is wise to try to obtain a dismissal or reduction of the charge.


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.

Peter John Marek

Peter John Marek


minor is .01, trucker is .04 disregard the minor BAC lrevel I gave in my answer. California is a no tolerance for minors state.

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