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My son was arrested for DUI... Blew a .06...

Hawthorne, CA |

They made him take a blood test as well ... .04 ... DMV said there was no need for a hearing and so far no case shows up ... What about his impound fees etc...

Attorney Answers 8

Posted

Unfortunately you will most likely find the impound fees are still due and payable. As long as the police had reasonable cause to stop and arrest your son on suspicion of DUI, the impound is lawful.\

I would presume your son is over 21 if the DMV is saying a hearing is not necessary and he can keep his license. If under 21, it is against the law to drive with any measurable amount of alcohol in your system and there likely will be a filing.

I would double-check with the DMV to make sure they do not intend to suspend your son's driving privileges. You only have ten days from the date of the stop to request a hearing, otherwise it is deemed waived, so you need to be sure no action is to be taken.

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Posted

How old is your son ? What were the blood results ? Speak with an attorney ASAP .

Andrew Roberts (818) 597-0633/ (805) 496-7777

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Posted

Impound fees are separate and even at under a .08 the DA still could file charges.
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 www.theocduiguy.com.

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Posted

Your son needs help. Many of us on Avvo provide a free consultation. Start making some calls. There are many qualified attorneys on this site.

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Posted

It is probably a reject. If he is over 21 and .04, it's probably not going to get filed.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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Posted

He can still be charged at .04 under subsection a and d, but not under subsection b. DMV is concern with violations of b and d, but not a, so it is likely an subsection a violation.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Posted

Your son has a good case to fight. The BAC is very low and an attorney may be able to get a dismissal or a dry. Impound fees are something that you can't go around if the police stopped him for a good reason.

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Posted

Difficult to give you a concise answer because a good deal of information is missing.
Your son - is he a minor (under 18), or under 21? Both of these result in "different" criminal and DMV actions than a "standard DUI."
If he blew 0.06 and they made him take blood - the word "made" is key here - then he may be looking at a DUID (drug dui). This could delay issuance of a case as the DA awaits blood results (and works their way through a case filing back log.)
Did they take his license? Or give him a "pink sheet"?

The best thing for you / your son at present is to start interviewing possible DUI attorneys should a case get filed. Many of us offer free consultations. This will enable you to get better answers to your concerns and hopefully put your mind at ease a little bit. Then, depending on what you learn from talking to qualified attorneys, you'll have a better understanding of possible happenings and the alternatives open to your son.

Good luck

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