So i was arrested for dui on the 22nd of June in Monrovia California. I'm guessing that I was pulled over for having a messed up third brake light. Anyways, I passed all the sobriety test without any difficulties and the officer seemed unsure as to whether to take me in. Then I took the Breathalyzer, the first time i blew the officer said i blew a .09. He waited a few minutes and i blew again, and shortly after i was placed under arrest for dui. He took me to the hospital so that they can draw blood, at least an hour passed before they finally drew the blood. On the way to the hospital the supervising officer said that in my case there was a good chance my dui will get reduced to reckless driving.
You should at least use the public defender if you don't hire your own lawyer - a .09% is barely above the limit and you deserve better treatment as a first offender. The blood may or may not come up the same as the breath. Good luck on your matter and use http://california-dui-lawyers.org for some more assistance.
My colleagues are correct; you have favorable facts to possibly reduce the charge to a "reckless" - but it's not a guarantee. However, the possibility exists that you may be able to avoid a conviction entirely - if the facts permit it. Hard to tell without knowing all of the details. If you can afford an attorney, get one. Immediately. If you can't afford an attorney, request a public defender. Whatever you do, do not simply plead "guilty" at your arraignment.
This is NOT legal advice. No attorney-client relationship exists.
Your case sounds very defensible, both in terms of a complete defense, and negotiating a reduced charge. The reason the cop stopped you doesn't establish you were impaired and the breath test is barely over the legal limit (and not accurate anyway). There are also issues with the blood draw and delay between driving and taking blood. I recommend you contact an attorney who specializes in DUI defense in your area. A DUI attorney should be able to develop several favorable issues for you, and if you drive for your new job, it will be money well spent.
The answer to your question is 'yes". DUI cases must be hand led by attorneys because so so much can be disputed and get a reduction on a serious charge like that. Right now I have a case similar to the facts of your case, where my client's FSTs were so good the officer was not sure whether she was under the influence. A case like this is a great candidate for a wet or even better dry with far less serious consequences. The PAS machine that you blew in, 0.09 is not a high number, it is barely above the limit and those machines have an error margin of 0.02 so you could have been a 0.07 at the time you blew in it.
I can go on and on and on with the DUI cases, there was no bad driving in your case and that's another factor. Yes, hire an attorney and get the best deal for your case. I'm a former DA that handled hundreds, if not over a thousand DUIs and I saw such fact patterns every day. With a good attorney you can get a good reduction. Most attorneys here offer free consultation. Pick up the phone and call and hire one. It will benefit you in so many ways.
Sharon Paris Babakhan
The decision to hire a private attorney requires some research on your part. Talk to a few attorneys--many of us on Avvo provide a free consultation. That way, you can decide how much it might cost and whether you can afford a private attorney. If you qualify, the public defender will be appointed. Under no circumstances would it be good for you to go it alone.
I would recommend hiring an attorney. The prosecutor will rarely offer a reckless driving charge at the start of any DUI case, and it can be a lot of work to get a reduced charge. There are many potential issues that a knowledgeable attorney can look for relating to the blood draw at the hospital. A good attorney may also recommend that you have your blood result retested at an independent laboratory, if necessary. If you do speak to an attorney, be careful about anyone who guarantees you they will get a reduced charge, as they have not yet reviewed the police reports or laboratory results.
Hmm. I'm very skeptical that blood was drawn if you really blew a .09. Did you consent to a blood draw? You should retain an attorney to closely scrutinize the breath test and the blood test. Bear in mind that the police and the prosecution are not there to assist you so expect the worst even if the tests don't meet the standard. They appear to be banking on the fact that you won't retain counsel. Many reputable DUI attorneys offer a free consultation so meet with many to determine which one best suits your needs. I wish you the best.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
A .09% BAC result puts you just above the presumptive legal limit of .08%. However, although unclear, it sounds like the breath test you took was administered on the hand-held device the police use at the scene of the stop. If so, that result is not admissible against you in court. The definitive result will be that from your blood, as long as correctly drawn and stored. Based upon what you say, there is a good chance those results may be .08% or lower.
Much depends on the court your case is in but, based upon what you say, I believe you have a good chance of getting a reduced offer to a "wet" reckless which is still an alcohol-related charge but does not carry a license suspension.
If you can afford a private attorney, I would highly recommend you do so. Private counsel can devote far more time to your case than a PD and should be accessible to you at all times during the course of the case. It is important you have all the facts (for and against) and their attendant legal ramifications presented to you throughout so you can make informed decisions. That's where a private attorney is most useful, as it is nigh on impossible to talk to your PD except in court.
Finally, did you timely request a DMV hearing within ten days of the stop? If not, you should be aware the DMV act entirely independently from the courts and will have automatically suspended your license if no hearing was requested. If this is the case, there is all the more reason to fight your case in court because you have no remedy against the DMV suspension unless you successfully contest the charges in court.
You should hire an attorney you have any équipement stop which means no
driving associated with the DUI low alcohol level and you should have
competent legal advice before accepting any offer for deciding whether to
contest the charges at trial
I hire a tax accountant to make sure I pay the right amount and take advantage of the law. Hire an attorney.
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DUI charges are not only difficult in general to deal with in court, but they are very time consuming. Not only are they difficult and time consuming, they are also expensive if you are not properly represented in court. The reckless driving is not guaranteed. Some prosecutors will take advantage of the overworked public defender and attempt to pass the case as a straight DUI. So why should you hire a DUI attorney, you ask? Well there are many reasons, but the most important are their legal knowledge, efficient results, and experience dealing with similar charges in the court system. Making sure your rights are preserved and you are not overcharged. You may have a title 17 issue in the stop. You may have an ineffective sample. Finally, your blood sample should be compared with an independent lab (on average 80% of our cases using an independent lab showed results to be .03 or lower.) This was a difference between dismissal or a DUI.
The officer who told you it may be reduced to a reckless driving is not correct. He doesn't know what your blood test will show. If it shows anything over .10 most prosecutors will not reduce your case. However if it shows below .08 they may try to rely on the sample you blew on scene. Additionally, it is peculiar that the officer did a breathalyzer test additionally made sure you drew blood, seems like something was off. Finally most DUI attorneys including our office will handle your DMV hearing and process. Remember no attorney will be provided in that hearing unless you hire one. It is also important to consult with an effective counsel who will pay attention to your case. An attorney can make sure your rights are preserved and you are not over charged or charged at all if the case has a possibility of being completely thrown out. Most of the DUI's our firm has handled and completely dismissed involved clients who thought they should take the first deal offered by the prosecution. After careful evaluation and aggressive negotiation with the prosecutors. Our clients cases were dismissed rather then settling for a wet and reckless charge which is still a misdemeanor.
You should certainly hire an attorney for your DUI case. The amount of technical and legal details surrounding a traffic stop, the field sobriety tests (FSTs), and the breath/blood tests are easier for an attorney to diagnose since we see them on a regular basis and have a better idea of what to look for when reviewing them.
As for a reduced charge (usually what's known as a "wet reckless"), it's certainly a possibility. A brake light out shows no driving pattern, which makes it more difficult to show impairment on the DA's part, and depending on where the blood draw lands, you can work with the numbers to see where things really were.
A wet reckless isn't a guarantee, and it depends on the particular DA and how they're approached, but at the bottom line, having an attorney with you will certainly help your chances of a successful defense.
The advice provided in this answer should not be considered legal advice. There are many additional details to be discussed before a complete picture can be obtained and before advice can be given. Contacting an attorney for a confidential consultation should be considered.
NEVER believe what a police officer tells you during an arrest procedure. They lie to get you to say what they need to convict you or get you to play along and are allowed to do that. Only the DA and your lawyer can determine if you can get a reduction or even better, at that level, with a good lawyer, there should be no reason you can beat this charge. If you need more information I provide a free consult, call any time.
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