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My friend was given a breathalizer test and got a 0.08 will her licance be suspended

Hayward, CA |

my friend has a clean redecord has never been pulled over before she wnt out with co workers after work to aresturant and they had some food and drinks she had one or two drink and was pulled ovedr on her way home her breath text was 0.08 wil she be charged with dui and will she lose her licance

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Attorney answers 6


She should contact an attorney immediately to discuss requesting a DMV hearing to protect her license. The hearing must be requested within 10 days of the incident. The most common mistake by people who are arrested for DUI is not requesting the hearing because they see their court date is ofter a month or two in the future.

It usually costs nothing to have an initial consultation with a criminal defense attorney.

Good luck to your friend.


Your friend's situation is pretty normal. Yes, she will undoubtedly be charged with a DUI and be the subject of to a separate suspension action from the DMV.

Having said that, she should realize that just because she is charged, does not mean the matters are not defensible. However, she should make sure that she does not make the not uncommon mistake of going beyond the 10 day period to contact and request a DMV hearing.


If she does not ask for a DMV hearing within 10 days of being pulled over, then she will have her license suspended. If she is under 21, it will be for 1 year. If she is over 21 it will be suspended for 4 months by the DMV. If she is convicted of the DUI in court, it will be suspended for 6 months.

She will likely be charged with a DUI. Your friends needs an attorney.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.


Most likely, and yes. She needs an attorney.

Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.


She needs to hire an attorney and request a DMV hearing within 10 days. I have handled these cases in alameda. Have your friend call me in my office tomorrow if she wishes for a consultation.

Kevin Sullivan


Your friend needs to hire an attorney right away and contact the DMV within 10 days in order to get a hearing on the suspension. The attorney can handle this. She will almost certainly be charged with DUI. The suspension hearing and proceedings will go forward regardless of whether or not she is charged and/or convicted.

Just because she blew a .08 doesn't mean her's is a hopeless cause. There are many ways to fight this. She should consult an attorney immediately.

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