You probably will not go to jail, especially with no criminal history. Because of of .18 allegation, you will be required to do a longer alcohol class. Probably the 6 month program. The DA can choose to use the field test, which could increase your alcohol class.
I know the DA in Malibu, and she is fair. Good luck to you and trust your attorney.
Generally speaking, the breath test you did at the station after you were arrested are the results that will be used during plea negotiations. So even though the Preliminary Alcohol Screening (PAS) test results were a .21, the evidential breath results (at the station) were .18 based on what you wrote. It is possible for the prosecutor to get the PAS results in at trial if the case were to go that far, but that is a whole different story. Talk to your attorney about it. He or she should be able to answer these and other questions you may have. That (and to defend you) is what you are paying them for. Good luck with your case.
Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.
Good call on hiring an attorney already. You need to be asking him or her these questions. That is what you paid for. The case will go by the test you did at the station. The PAS test may or may not be used. You will not do any jail based on the facts you gave. You will face a longer alcohol class and community service. Good luck!
The above stated is advice only, and does not establish an attorney-client relationship.
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