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Maby I'm not askin the question rite

Oakland, CA |

Got arrested for second dui in 10 years DUI bac came out .06 DMV did not suspend charges are going to be filed but they haven't said what charges I have a comercial license if I plead down to a wet wreckless will My license not get suspended. On the back of the pink temporary it seems to say if you plea down to a lesser charge it will still get suspended... Am I interpreting that wrong ????

Attorney Answers 5


  1. Best answer

    Your question is a bit more complicated than it seems. First, the DMV will nit take action yet on a 0.06 BAC. BUT if you get a DUI or wet conviction the DMV will suspend your commercial license for a year if your previous convcition was before 2005 or LIFETIME if after 2005. THIS NEEDS AN EXPERIENCED DUI ATTORNEY IN YOUR AREA.


  2. What the "still get suspended" is intended to tell you is that if all of the issues that the DMV is supposed to look at are found to be true, then even if you pled down you'd still get suspended. But, in your case you are under 0.08 at time of driving so the DMV won't suspend is you plead down to a wet since you are under 0.08, as long as you were not in a commercial vehicle and over 0.04. Also, if you are on DUI probation then the Wet will lead to a suspension for a year. Unless something highly erratic or unusual happened with your driving then fight the under 0.08 charge.


  3. Your not asking the question wrong. I'll break down as best as I can.

    Available DUI charges for a DUI to file: VC 23152(a) and VC 23152(b) - assuming misdemeanor, not felony, and over 21.

    (a) - Driving Under the Influence of Alcohol/Drugs: No specific BAC required. Sufficient showing of impairment will qualify matter for conviction.
    (b) - Driving with BAC of .08% or Greater: BAC must be at least .08%.

    So that alone, means, DA can file under subdivision (a), and could potential try to argue a (b) allegation as well.

    HOWEVER:

    IF YOU HAVE A COMMERCIAL LICENSE, YOU ARE SUBJECT TO SAME BAC LIMIT IF NOT CITED FOR DUI IN A COMMERCIAL VEHICLE. BUT, if you are CONVICTED of a DUI under either subdivision, your commercial license WILL BE REVOKED. A first offense requires 1 year revocation. 2d offense requires life-time ban.

    I wont go into what happens if you were in a commercial vehicle. Since you didnt state that, i'll assume that wasnt the case.

    So, to sum it up, if you are convicted of any DUI, (a) or (b), say goodbye to your commercial license. A BAC of .06 doesnt meet the (b) requirements on its face, but that doesnt mean you can't be convicted of the (a). A "wet" is still an alcohol related offense and would still be a "second DUI", so it doesnt necessarily help your Class C license much. And ANY alcohol related offense WILL impact your commercial.

    Instead of posting this question 3-4 times over the past few days, you could have already spoken with a DUI attorney in person, had them review the case details, get a copy of your H6 to review past history, and give you an exact answer. Anything on here is simply "guesstimation" because there would be too many factors and follow-up questions you would have to answer for an accurate analysis.

    If it isnt clear that you need a lawyer by now, perhaps you should discontinue posting on here and seek the assistance of someone in person.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


  4. You need a spell-checker and an experienced DUI attorney - this is more complex than it seems and not susceptible to tweet-length answers.


  5. The state commercial license all must comply with the national policy that is from legislation and the transportation secretary. CDL law treats diversions and amendments differently for commercila drivers. The BAC level for CDL is 0.04 % if in your vehicle.

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