CHP stopped me and gave me a breathlizer, it was below .o8 but he took me in. DMV returned my license and not going to do anything. DA is arraigning me in court. What can or should I do?
You can either contact an attorney in the county where you are supposed to go to court now or wait and see if the DA even files charges. If they do file, ask for a short continuance to hire an attorney.
You can (and currently are) being prosecuted for DUI. A DUI has two components, driving under the influence and driving with a blood alcohol measurement of .08 or above. From your question, the prosecutor has elected to move forward with the under the influence charge. The evidence he/she will present against you will likely be the driving and the observations of the arresting officer prior to being placed under arrest. These types of DUI cases can be successfully defended. A skilled DUI defense attorney can help you with this kind of case, you should contact a local DUI defense lawyer, schedule a consultation to discuss the case against you, possible defenses and likely outcomes.
This answer is not legal advice, it may not even be relevant to the question answered, it definitely is does not establish an attorney/client relationship.
A better answer to your question requires more information from you. However, there are some general conclusions. It is important to distinguish between the hand-held breathalyzer devices used to conduct the preliminary alcohol screening (PAS) breath test given in the field near your car and the breathalyzer device used after your arrest and given at the police station. To help them decide if they should arrest you, police use preliminary alcohol screening (PAS) breath tests. The DMV uses the PAS to decide if they should suspend your license. Police may have provided you a form at your arrest advising you to contact the DMV to request a hearing to contest the suspension of your driver’s license. DO NOT MISS THE DEADLINE TO CONTACT THE DMV. This hearing provides an attorney an early opportunity to learn about the case against you, if the prosecutor eventually files charges.
The breathalyzer device used at the station after your arrest must be properly and routinely maintained, and the officers who conduct breathalyzer exams must be formally trained and follow strict testing procedures; consequently, it is used by prosecutors to decide what charges to file, by attorney’s to help negotiate on your behalf if charges are filed, and by juries if the case cannot be resolved without a trial (in-other-words, you could not settle a case with a “plea bargain”).
The DMV can suspend your license even where prosecutors do not file charges. The DMV is an administrative agency. The court is a judicial agency. Although both address issues arising from traffic violations, they function independent of each other. The DMV can suspend your license (the Administrative remedy) unless the DMV is satisfied that you were not driving under the influence of alcohol. A DUI conviction is the strongest evidence you were driving under the influence; however, the DMV can make its decision without a court case, using the testimony of the arresting officer and/or the PAS breath test, even though it is not subject to regulation like the post-arrest breathalyzer.
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I am licensed attorney in Washington and California who focuses Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
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