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First time DUI in Sacramento CA . No criminal history but high CAB and given an PAS . Should I even request a DIV hearing ?

Sacramento, CA |

I got a first time DUI this weekend , no other items on my criminal , insurance or DIV record . Problem was my CAB was high ( . 16 / 15 on the station report ) so at this point I feel like there isn't a case for me to file a hearing with the DIV . I'm basically trying to do the right thing , but also reduce as much of the fines and suspensions at this point , but don't know if its even worth trying to hire an Attorney or fight DIV with the facts the court has about me and my case . Any advice would be most appreciated , thanks .

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Attorney answers 3


You should at least consult with an attorney about your arrest and case. Criminal attorneys in Sacramento generally do not charge for a consultation. There is not enough information in your post to give you a definitive answer to your question - whether you should file for a DMV hearing or not or whether you should hire an attorney for your criminal hearing.


BAC alone is never a good indicator of how good the case is. Reason for the stop is one thing. But also just as important is the investigation a good attorney puts in. I've had cases I've won with BAC levels of .19 and .24, because of the evidence I was able to get in favor of my client that hurt the officer's credibility.

Reports will say one thing, and you shouldn't just take the officers word for it. Make the DA and DMV prove your guilt. Of course, if you are goin to hire an attorney, here the best one you can that will put in the necessary work.

You can look trough Avvo and the CA DUI Lawyers association to find a local DUI attorneys. DUI's are much more then just "you were arrested and your BAC was above .08%."

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

John J. Carney

John J. Carney


Did you win an acquittal or get it reduced to a traffic violation with a .19 or .24. In New York you are going to be convicted of DWAI at the very least unless the prosecutor cannot prove operation, and that is a very rare fact pattern.


The easy answer is you can get free consultations with top DUI Lawyers who can give you the tools to make your decision. Most DUI Lawyers will talk with you in person or by phone and do their best to answer all your questions. You can start with members of the National College for DUI Defense, and the California DUI Lawyers Association. They can help give you information on not only your chances with court and DMV, but about your license, insurance, jobs, travel, and more.

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