You have a fairly good chance of winning at trial (verdict of not guilty). Dismissal on the Prosecutor's motion prior to trial is a tougher objective. Technically, you can be convicted of the Impaired count.
Seth Weinstein, Esq.
Practicing throughout Southern California
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
I'd say you have no chance of getting it dismissed without a lawyer. You should consult with experience DUI Attorney in your area to discuss the specific facts.
Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.
You still had alcohol in your system although below the. 08 threshold. Depends on what you were stopped for, performance on field sobriety tests and your objective symptoms. You might beat the 23152(b) count, but if your driving was bad, you could still lose on the 23152(a) count. Since they didn't take your license, this might be a winnable case. Contact an attorney for a free consultation.
There are two counts VC 23152(a) and (b), (b) requires '.08 or higher so that's out, but (a) requires any amount if alcohol so long as the prosecutor can prove you we're unable to drive. My thought, hire an attorney to show that you were able to drive even though you had a BAC.
Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.
Same question, same answer:
The outcome depends on the attorney you hire, the facts of your case, the courthouse where the case is heard, and possibly 12 strangers if the case proceeds to a jury trial.
Less speculation and be proactive and hire the best, locally experienced, criminal defense attorney you can afford.
Law Offices of David Shapiro
3555 4th Avenue
San Diego, CA 92103