Can someone who is above .05 BAC and sleeping in the car, keys not in ignition, be arrested or charged with DUI?
sure. if you remained silent and didn't confess to recent driving, you should be ok, but will likely have to fight the case.
Monte Rio, CA
DUI and DWI Lawyer at Monte Rio, CA
Practice Areas: DUI & DWI, Criminal Defense
sure. if you remained silent and didn't confess to recent driving, you should be ok, but will likely have to fight the case.
You are deemed "not under the influence" when under .05% by law. Refuse to do field sobriety testing and PAS tests unless you are required because...
1 year in county jail.
You should first let your lawyer make this right - give the office a chance to fix this issue - there may be a good excuse for missing the hearing....
Beware of all the attorney junk mail you'll receive soon - research an attorney at http://www.california-dui-lawyers.org = Good luck on your case.
If you don't have to go to court for a suspended license, then you'll probably be ok. Only with a court conviction will the DMV know to act -
So you are facing a first offense with no jail as minimum and 6 months as the most. They'll likely give you 10 or 20 for the priors - fight it.
You must file a claim with the police department or CHP office that arrested your son. There is a deadline of 6 months after arrest. Do it quickly.
The San Francisco Court is notorious for not respecting the Constitutional Rights of people charged with crimes = do not expect to win, but to...
You should assume you are being charged with the offense - don't delay hiring an attorney from the California DUI Lawyers Association...