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Arrested for a DUI with a bac of exactly .08 after an accident. Is there any chance to win the DMV hearing?

Vista, CA |
Attorney answers 6


I suggest that you contact an attorney in the jurisdiction of the offense. There are differences in administrative rules and regulations relating to driver license suspensions in different states.


If you have hired a lawyer you should either listen to him/her or get another one. I believe there is a reason to contest administrative hearings beyond the result of the hearing. Here you have significant chance of very serious consequences beyond the immediate results of the hearing.

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Thank you.

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First of all, let me just respond to the "answers" already posted to your question: It appears as these two lawyers are from jurisdictions outside of California and are simply posting "answers" to your questions in an effort to collect the points that Avvo awards them for input. However, in my opinion, neither of them have provided any useful information for you.

That being said, as a criminal defense attorney who has practiced in California for over a decade, let me say that your attorney is most likely right that the chance of success at a DMV hearing is low; however, even if you may not prevail, there are benefits to having the hearing, in that your attorney may gain valuable information from the testimony of the officers that may help them in the criminal aspect of your case.

Best of Luck.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.


I am one of those two lawyers. My advice appears to be very similar to that you gave. I question how it is less helpful. "If you have hired a lawyer you should either listen to him/her or get another one. I believe there is a reason to contest administrative hearings beyond the result of the hearing. Here you have significant chance of very serious consequences beyond the immediate results of the hearing. "


Under recent caselaw in California, there is an excellent chance of winning at DMV with a pure .08, if that is what it is. But notwithstanding the new caselaw, there is always a good chance of winning .08s at DMV, and a much better one of winning at trial, if you have someone both with the knowledge and with the hormones to press the matter to trial. .08s are very, very winnable, with the right lawyer, and it needs to be one who has experience and a trackrecord in DUI law; not every criminal lawyer knows the tricky, and winnable, ins and outs of DUI law. And not every lawyers knows anything, and the necessary somethings, about criminal law in general.



who would you recommend?


There's always a chance under the right set of circumstances. If you have doubts in the advice and counsel of the attorney you hired, then perhaps it's time to get a second opinion from another locally experienced criminal defense attorney.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


Yes, there is a chance to win your DMV with a .08 BAC. However, it all depends on the facts of your case. How long after driving did you submit to the chemical test? Was it a Breath or Blood? The facts of your case are important. Just because there was an accident, does not automatically make your case a loser. Although it does play a big role in your chances of winning. One of the elements the DMV has to determine is if you were a .08 or higher. Depending on the facts, you might be able to fight this one.

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