First, he needs to get an attorney, fast. Second, he needs to make sure he contacts the DMV and sets up the administrative hearing within 10 days of the arrest. Your brother needs an attorney to review all the facts of the police investigation and plan a good defense.
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Your brother should speak to an attorney. As Mr. Solis just mentioned, he has 10 days to request a "DMV Hearing" in order to stay (delay) the automatic suspension and possibly save his driving privileges. Also, it appears as if your question got cut off. Is there more to this situation? Either way, DUIs can have serious consequences, your brother should talk to some attorneys and retain one of his liking.
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The .08% limit only applies to 23152(b) prosecution. If his chemical test came back below .08%, he could still face 23152(b) prosecution if the preliminary alcohol test was above. Beyond that, yes, he could also be facing a DUI under 23152(a) as that vehicle code section does not require a specific BAC level to prosecute.
He should request a DMV hearing ASAP in order to protect his license. If he truly ends up below the limit, DMV will just cancel the hearing. Otherwise, he won't risk automatic suspension by requesting it. He has 10 days from date of arrest to request it.
If he did a blood test, there is no way he would already know his BAC level.
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He needs a lawyer to protect his rights, including scheduling the DMV hearing. Don't delay - time is of the essence.
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Get an attorney ASAP to deal with court and DMV. You only have10 days from arrest to deal with DMV . This sounds like an interesting case.
Andrew Roberts (818) 597-0633/ (805) 496-7777
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