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My alcohol level was 0.14 its a mis dui what will happen in court as far as a plea bargain

Downey, CA |

the chp stopped me

Attorney Answers 3

Posted

Without a lawyer, don't expect much of a plea bargain. With a blood alcohol level of .14, the DA will probably want a guilty plea to either Vehicle Code 23152(a), driving under the influence of alcohol, or 23152(b), driving with a blood alcohol level of .08% or greater.

An experienced DUI attorney may be able to attack the reliability of the chemical tests or the legality of the traffic stop, or show that your blood alcohol level was rising when you were stopped. Any of that will take a complete review of all of the evidence... not the two sentences of information you've provided.

Don't forget -- DMV will automatically suspend your license if you don't request a hearing within ten days of your arrest. This procedure is completely separate from the criminal court case.

If you hire a DUI attorney, your lawyer will probably take care of the DMV proceedings, too.

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Posted

This is like telling a doctor, hey my stomach hurts, what do you think it is? As Mr. Marshall stated it is difficult to gauge a case simply based on a BAC level. I've had cases in the past 12 years that had a higher than .14 BAC result in a dismissal or a non-filing. A certain case may have a BAC that's lower than .14 but the investigation was impeccable. The truth is, whatever your case may be, you'll always benefit from having an experienced DUI attorney review it and negotiate your case. Best of Luck.

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Posted

I would not count on any plea bargain without the help of an attorney. There are many ways to attack a blood alcohol reading. Without the expertise of a DUI attorney at your side I would not expect much compassion from the DA.

Andrew Roberts
Oak Park, CA

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