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What action should I be taking to avoid prosecution for a dui?

Arroyo Grande, CA |

I was tested for alcohol with a breathalyzer. The officer said I blew under the legal limit but said I was on drugs which was not true. I gladly went to the hospital to get a blood test to prove this was false. I still went to jail, he said the results wouldn't come back for a few weeks, and he took my license. I was also denied a free phone call. I can't afford a lawyer, what should I be doing to make a good case for myself?

Attorney Answers 6


  1. First make sure that you contact the DMV within 10 days of the arrest. If you cannot afford an attorney then you need to request the services of the public defender however they will not represent you in the DMV action.
    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.


  2. It feels like somewhat of a mistake to take the officer at his word that you blew under .08, since he took your drivers license. If you know that you are not under the influence of prescription or illegal drugs there is nothing else to complicate the case.

    If you don't have the money for an attorney, you should still book an APS hearing (look for a number on the pink temporary license, upper right hand corner of paper) to protect your privilege to drive for the immediate future. It will prevent DMV from suspending your license without giving you the results of the blood test and will get you a copy of the reports.

    Given the uncertainty of your predicament, you would still be well advised to try to find a local attorney you can afford. Look to AVVO's directory and California DUI Lawyers Association for some phone or e-mail contacts for a few attorneys in your area.


  3. The PD will appear on your behalf.


  4. Pretty bizarre case actually.
    Took your license, but I don't see that you were given the Pink DS367 Temporary License and Suspension Notice. In case you were not here is were you CYA with a call to a Driver's Safety Office to request a hearing in case this officer screwed up as badly as you describe.
    ( http://www.dmv.ca.gov/fo/dsolistings.htm )
    After that there is not much that you can do... assuming that you were given a court appearance date upon leaving the jail. If not this I guess you are waiting for a letter inviting you to a courthouse party in your honor... but it doesn't sound like that will happen... WAIT A MINUTE.. AG... YOU are here in SLOCO... Hey it's Me... George in SLO! slodulaw.com I hardly ever see anyone here in AVVO.com with questions from SLO.


  5. You already have answers from four fine California lawyers. I am chiming in because I am a lawyer you cannot hire even if you wanted to. If you are indigent (broke) you can have a public defender appointed. You should be talking to a lawyer as soon as possible. You need one.

    Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

    That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

    Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

    After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

    You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

    That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.

    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
    Thank you.

    --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
    http://addbalance.com/drunk_driving_lawyer.htm

    --- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
    http://www.facebook.com/MadisonWiDrunkDrivingLawyer

    --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
    http://addbalance.com/fieldsobrietytests.htm

    --- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
    http://addbalance.com/duidrugs.htm

    --- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
    http://addbalance.com/duimath.htm

    --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
    http://addbalance.com/duitendaywarning.htm

    DISCLAIMER:

    Confidential information should not be disclosed in this Internet forum.

    I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

    To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

    This AVVO Answer is provided for general educational purposes only.

    See “more” link below for more important information about this answer and AVVO.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


  6. A lot of times people think they can only get a DUI for consumption of alcohol. However, in most states people can get a DUI for drug use and/or prescription use too. Best not to drink and drive, obviously. But, simply showing no alcohol in your system doesn't resolve the issue.

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