W 0.07 on the breathlylizer then blew 0.08 can i get it dismised or lowered. With a pd?

Asked about 2 years ago - Palmdale, CA

Late night out driving home

Attorney answers (6)

  1. Elliot Rahmim Zarabi

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    Contributor Level 18

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    Answered . Sure, but you should shoot for a dismissal! The PD is the best alternative if you can't afford an attorney. They are just so busy that they cannot give you the time and effort your case deserves. But, you should 100% have an attorney by your side.

    Before you decide to go with the PD, you should contact an attorney to see what they can offer you.

    Elliot Zarabi
    www.FreeCriminalConsultation.com
    213-612-7720

  2. Matthew Murillo

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    Answered . In addition to the other advice, remember, you still will have the DMV hearing to deal with. And with that, you will need an an attorney, unless you plan to represent yourself. The DMV will not dismiss the case with a .08. It will need to be argued, and the PD will not be able to represent you at the DMV hearing. Make sure you request the DMV hearing within 10 days from arrest.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  3. Mark K Rosenfeld

    Contributor Level 15

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    Answered . I agree with my colleagues. it would be best to have a private attorney represent you in both the court case and the department of motor vehicles case

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  4. Tai Christopher Bogan

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    Answered . You can try to get it dismissed with the PD. But if you have the money you should really hire private counsel for many reasons. The PD is for folks that are poor and cannot afford an attorney. The benefit of private counsel is your ability to chose your lawyer and meet with them without undue delay. Most courts allow private counsel to appear on behalf of their clients so that way you don't have to go to court.

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

    Pro

    Contributor Level 12

    Answered . In CA you can be convicted on two (2) charges: 23152(a) driving under the influence, and that can be as low as .05%, and 23152(b) driving with a .08% or greater. Even if you can show that you are .07% at the time of testing at the station, if Preliminary Alcohol Screening (PAS) test was higher in the street, they can argue that you were coming down and higher at the time of driving. So, you certainly need a lawyer, and you do not want a Wet Reckless with this type of case, lower or dismissed. As for the DMV, your lawyer should know how to get that action Set Aside to keep your license. I am in Northern California, but in your area, I would recommend Richard O. Middlebrook in Bakersfield, CA. 661-636-1333

  6. Terry Alan Nelson

    Contributor Level 8

    Answered . You gave no basis for 'lowering' other than to try to argue for a 'wet reckless' which is sometimes available if you were under .08 in otherwise 'weak' cases the DA wants to get a plea bargain on. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I’ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.

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