Your case is definitely beatable for a number of reasons, not least of all because your tested BAC is right at the state limit of .08. Having said that, the best thing that will help you in winning at the DMV and in court will be to have an attorney represent you. Frankly you stand little chance of winning a DMV hearing without an attorney. This is neither fair or right but DMV hearing officers are not lawyers but they respect lawyers far more than they respect persons accused of DUI. DMV officers want to take your license, you must have a lawyer who gives them a very good legal basis for not doing that. Hire a DUI attorney in LA. Good luck.
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It sounds as if there are some contestable issues in your case. You will definitely want to consult with an attorney. DMV hearings can be tricky. Which DMV office is your hearing out of and when is it scheduled? Also, which case is your court case out of?
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You've got some facts in your favor. However, the bottom line is that the best thing that can help you win your DMV hearing is an experienced DUI attorney. Use avvo to find a few that practice in the area near where the case occurred, and give them a call. Most will offer a free consultation. Best of luck.
As mentioned, a good DUI defense attorney can help you win your DMV hearing.
Of the things that you mentioned that help your defense(s): your .08 BAC along with the fact that you were not driving at the time of the stop.
As for Miranda, Miranda has very technical points that even experienced attorneys do not comprehend or cannot explain, so you more information would have to be obtained in order to give you an honest assessment regarding Miranda and if those rights were actually violated.
Keep in mind, the police report has details regarding your FSTs (if administered) and the results of any other chemical tests that an attorney would need to examine in order to give you a full assessment of your chances.
The information above is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information.
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