I was drinking and my vehicle outside of my house with keys in it , as I was packing up my home to move! I got a head injury while moving things and split my head open and my boyfriend had to call 911 as I bleeding from my head pretty bad! And was knocked out!! I guess the fire and ambulance and police sept showed up which I was still knocked out!! And police issues me a DUI!!! I have had a DUI before , but just so confused how they could give me a DUI as I wasn't driving!! But knocked out in front yard!!! Plz let me know what u think. Thank you
It sounds like the DMV has begun an administrative suspension of your license. Since you've indicated a prior, this would be a one year suspension. Typically, you've got only 10 days from the date of your arrest to request a hearing, but if the police failed to notify you that they would initiate a suspension with the DMV, your attorney can get you a hearing and start fighting your license suspension. Whether the DA will file DUI charges against you is uncertain, but if they do, they'll allege the prior, and you'll be facing a second DUI charge. Act quickly and speak with some attorneys soon.
This may be more complicated depending on what was said to the cops. Do not post any more facts here since it is a public forum. If the officer did not see you driving, there may be issues. More importantly, the fact relating to what you or witnesses said about when you got there to move and what you may have had to drink after you got there will be important as well as why the cops showed up. Consult an experienced DUI attorney in your area. If the cops do not have any information relating to driving, when you had alcohol, the lawfulness of the BAC evidence, there may be a defense. Most importantly, an experienced DUI attorney if you contact him or her within 10 days of the incident can set a DMV administrative hearing to slow down the suspension process and subpoena documents and or/video that may help in not only the DMV administrative hearing, but in your criminal case! Good Luck!
You will not find you final answer here...
However from what you described you are not guilty of DUI in case you thought that what you were doing amounted to DUI. While that could be true in some States, it is not true in California.
i expect that they are going on the theory that you hurt yourself in an accident while driving... or they just didn't know I are going to leave you and your attorney to figure it out. You were smart to start looking for information... but simply explaining to the court is not going to get the job done. You are going to need help figuring this out in court.
I believe that you need to lawyer up since there is very little that you know. It appears that the police claim that you were driving at the time of the incident. Now you must prove otherwise. Your word against theirs is a weak case so you need to find better facts to support your story. Good luck.
Yes, it is certainly possible; however, it also seems like you would have numerous possible defenses if they did in fact charge you with a DUI. Contact a lawyer and give them more information privately. They'll be able to guide you through this tough (and confusing) process.
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