Hire an attorney. I always suggest contacting Bruce Kapsack for any DUI in California. By far the greatest DUI attorney in the country. California is a hot bed of screwups when it comes to field sobriety testing and breath testing.
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You should consult with an attorney in your jurisdiction for specific answers to questions regarding your specific case. Many states have enhanced penallties for breath reults above certain threshholds. You need to discuss this with a DEFENSE attorney. The DA is NOT your attorney, the DA is your opponent. Get someone who is looking out for YOUR BEST INTERESTS.
No, its not likely for the DA to drop the alleged BAC from a .21 to .19. Though it does matter for sentencing (just as far as which program to take). Everything else remains the same (fines, fees, license suspension, etc). I hope you requested a DMV hearing. Many lawyers who know what they are doing will use that as the stepping stone to Court representation. It allows for an opportunity to gather all potential evidence and cross-examine witnesses before DA even has a chance to see your case, in many situations.
Only after everything is gathered, can you really decide whether a guilty plea to a DUI is something you should even be considering. There are loads of consequences to a DUI. Much more than the standard fine and jail/community service that most other misdemeanors get. You want to avoid a conviction if at all possible. Especially given the public perception of a DUI.
Do yourself a favor - request a DMV APS Hearing and hire a DUI Lawyer. Dont just take a DUI conviction. I can almost assure you that you will regret that conviction a few years down the road.
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