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Do I have a chance in fighting this charge?

Los Angeles, CA |

I got a DUI charge yesterday and passed all the tests except for the breathalyzer test I was at exactly 0.08% I was taken to the station which I was tested again at was at 0.07% I was kept at the station until 4pm the next day. And my Miranda rights were not read to me. Its my first time ever getting arrested my record was clean until now

Attorney Answers 10

Posted

You have a lot of good facts to work with. Contact some attorneys here on Avvo. Many of us provide a free consultation. You also only have 10 days to request a DMV hearing to save your license. Get on it ASAP.

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I would retain a dui attorne in your area. You hhave 10 days to request a DMV hearing and you will need an attorney in court. You need to act asap. Ther DMV hearing is frst. You do not want to lose your license and should not go it alone.

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Posted

You definitely do. First you need to hire a lawyer. Next, you'll need to reserve the DMV hearing to protect your license. You have some good facts, but obviously I'd need to know more like why you were pulled over, how long between the driving and tests, etc. In DUI cases, the Miranda warnings are often less important because you're usually not deemed "in custody" until arrested and prior to your arrest the pre-arrest interview questions aren't going to be tossed for failure to Mirandize you. In any event, the remedy is to toss your statements, but usually these cases aren't prosecuted on your statements, but on the objective evidence like FSTs and chemical tests. Do your best to keep your record clean by getting a good lawyer. Many on this list practice in LA area courts and can help. Try contacting some directly.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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At this stage you need to be proactive rather than reactive. Based on your statement, your BAC is borderline and that means that you may have a good case. Bear in mind that you have a short time to request for a "DMV" hearing. Do not ignore that since it is important and should you not act on it your driver's license will be suspended. Certainly you are notified of your court date and you want to be represented. The first court appearance is important since your attorney can not only get the proper discoveries but also can negotiate with the DA.

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Miranda rights not really in issue unless as part of an in custody interrogation. If there was probable cause for stopping your vehicle the basis of the prosecutor's case will depend on the FST & breathalyzer result. Of great importance is for you or an attorney you retain to immediately request a DMV hearing (10 day limitation period) It is very helpful that this is your first arrest. Call a local attorney ASAS - most will offer a free initial consultation. Good luck

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

Yes. You absolutely DO have a fighting chance. However, you need an experienced DUI lawyer working for you ASAP.

You say that you "passed" all the field sobriety tests. The police testify that these tests are not "pass or fail." They just use their judgement to decide whether or not they suggest impairment.

As a NHTSA certified standardized field sobriety test instructor, I can tell you that there are supposed to be objective criteria called "clues" that the police are supposed to document however, they often administer and evaluate these tests wrong. On a borderline case like yours, attacking the field sobriety tests could be very important.

However, there may be even more areas of attack. Only a skilled, experienced, DUI lawyer like most of the ones from the California DUI Lawyers Assoc can work to get you the best possible result. Most of us give a free consultation.

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Don't worry about the Miranda rights without further details based on the
low alcohol level you have a great chance of fighting this get a really
good attorney

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Your chances with a blood alcohol level that low are always good. You most definitely need to fight your charges. With an experienced trial lawyer and the willingness to fight this as good a case as any to in at trial or get a substantially reduced charge. Miranda is rarely a relevant issue in a DUI since there are so many ways to get around it, but there are many other defenses that you and your lawyer can exploit. If you would like, we offer a one time free consult.

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You have some very good facts in your favor if you are over 21. You should consult with a number of attorneys and hire one who will be prepared to represent you at the arraignment. You must set the APS hearing with DMV within 10 days from the date of arrest. The DMV hearing is separate from the court proceedings. The advantage of having an attorney form the very beginning is that through DMV they are able to get a copy of the police report. This will allow them to have all the discovery before proceeding to court.

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You sure can fight the charge and maybe even win. There are some strategies that an experienced DUI lawyer can use to get the charge decreaed or maybe even dismissed. Even so, you are at risk for a license suspension and need to request a ZdMV license hearing right away; failure to do so within 10 days of arrest may result in a waiver of your hearing rights so don't delay! (An experienced LA area DUI attorney may be able to help so consult with one right away.

California attorney Sarkis Jacob Babachanian handles criminal defense, personal injury, civil litigation and bankruptcy (ch. 7) matters in the greater Los Angeles area. To discuss possible representation, feel free to phone Mr. Babachanian at 818-500-0678 or email him at sjb@babachanian.com. The information provided is as a public courtesy only and does not establish an attorney-client relationship. Only a formal written agreement establishes an attorney-client relationship. In criminal cases, speak with nobody except privately with an attorney about your case facts. In personal injury cases, all cases are governed by statutes of limitation which create deadlines to bring your case, and if you miss the deadline(s) you risk forever losing your rights.

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