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First time DUI with High BAC level- What should I do and what are is most likely going to happen?

San Luis Obispo, CA |

I am currently a Cal Poly Student about to graduate this coming quarter and am 22 yrs of age. I was arrested after completing a field sobriety test and given a DUI in San Luis Obispo last Monday night. I crashed my car into a fire hydrate and totaled it. No one else was in the car and there were no serious injuries. My BAC was taken by blood, not breathalyzer, blowing a 0.22 BAC. In addition, I was already on a one year informal probation period for having a drunk in public about 5 months prior to this DUI. I have not been convicted yet, since my court date is not until mid January. I know I am considered a more serious DUI due to aggravating factors - car accident, over a 0.20 BAC and having a drunk in public prior. I have been going to AA meetings for the past week. What should I do?

Attorney Answers 5


1. HIRE A CRIMINAL DEFENSE LAWYER who is well versed in DWI Defense.
2. SEE 1. above
3, Keep going to AA
4. Run (Don't walk) to the campus Mental Health Service dept. and sign up IMMEDIATELY for Alcohol Therapy (one on one) or begin seeing a private Forensic Psychotherapist who specializes in addiction Psychotherapy.
5. If you think you need Rehab Look into Betty Ford Clinic or Sierra Tuscon for intense help to get you dry, clean and sober.

You have taken a good first step. (literally and figuratively) now keep going. You have a dangerous illness and showing the court you are taking steps will help it in keeping you out of jail. That is a good incentive to staying in program, however the real miracle is that once you are clean and sober and working program, the rest of your life will become manageable and you will live longer, happier, and hopefully crime free.

Good luck.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.

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You need an attorney to deal with this DUI and violation of your probation. You must call the DMV Safety Office within 10 days of your arrest and request an APS hearing.
If you have any questions please call.

Andrew Roberts
(805) 496-7777

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You should look into hiring an attorney immediately. A high BAC (over .15) means enhancements. You need to mititgate the circumstances and fight any part of the case you can.

Feel free to call me with any questions. I help guide a lot of college students.

Elliot Zarabi

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You need to retain an agressive DUI lawyer in SLO who can help you negotiate a deal.

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You've received some good advice here and you will find more answers plus a DMV Hearing request form on my website "". If your pink temp cdl is dated Monday 26 Dec 2011 then you have until 11:59 PM,Wed 4 Jan 2012, to fax my filled out DMV form to the DMV (don't do it sooner than Tuesday). I've been a DUI Lawyer in SLO since 1975 and don't mind giving you a no chg office conference, the same as I do for anyone. George O'Neill 805.543.7695

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