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Got second califonia DUI two months ago first one was four and half years ago bac came back .06 blood test .what do you think ?

Union City, CA |

I have a comercial license . DMV reviewed evidence and decided to stay the suspension . Prosecutor has not filed charges yet said they didn't have paperwork on it yet at my arraignment two weeks ago....

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Attorney answers 3


You're very lucky. A second DUI would have gotten your license suspended for life. In fact, if the DA prosecutes they will use weak science to make it appear that your BAC was above a .08 at the time of driving. If you are convicted of DUI you will never have a commercial license again.

Get money together for an experienced DUI lawyer. You might not need it if they don't file, but if they do, you'd better fight for your life.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.



If Prosecuter files and I plea down to wet wreckless will I keep my CDL with no suspension or restrictions ?


Was the BAC .06 for the new DUI arrest or the prior one. In either event you need an attorney and make sure you contact the DMV within 10 days of the arrest.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 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. Driessen, feel free to contact him at


DMV set aside the suspension because your BAC is under .08. If the DA files charges against you (not likely based on what you've described), hire an attorney and fight the case. If you plead guilty or lose, your commercial license is gone forever. Good luck.

Jasen Nielsen

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