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What should I do? Should I get an attorney? Can I get it off my record?

La Jolla, CA |

A college student driving car and got pulled over for headlight. Did good/okay on the sobriety test but asked to take breathe test that showed over .05. I am 19 years of age, about to turn 20 so they issued me a 23140 (a). I know that I will mostly likely get my license suspended but what are the chances that I can get win the case. This I my first offense.

It was a misdemeanor charge

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Attorney answers 10


So much depends on the facts of the case, including the initial blood alcohol reading. You should speak to a private attorney to ensure your rights are protected. Several attorneys give free consultations.

So yes, I would get an attorney.

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply


You need a local LaJolla DUI attorney ABSOLUTELY ! There are different laws in every state, and you need to give the attorney a few more facts, do you have the police report / or whatever a 23140 (a) is ? Bring that to the meeting.

The above is provided for educational purposes only and is not legal advice nor makes you a client of the Law office of Bryan E. Neal PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts. l


Retain a good DUI lawyer and give him/her all of the facts.

The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


The .05 is a good start. If I am reading your post correctly, a bad headlight is not evidence of impairment and that weighs in your favor as well. You don't say exactly what the breath test showed but machines aren't perfect. The closer to .05 the better chance you have of being able to show the number might even be below .05. We like to subpoena records for all the breath testing equipment and we generally do it using DMV subpoenas. Make sure you don't let the 10 calendar days (from the date of the arrest or citation) go by without contacting DMV to request a hearing, stay and discovery. You'll want to find a good local DUI attorney to assist you. If you find a local attorney that spends most of his/her time defernding DUI cases the attorney may want to be the one that makes the call to DMV. Attorneys who practice primarily DUI defense will have an idea who the better listeners are at the local drivers safety office.


Yes, an attorney can be very helpful. The attorney can also handle the court hearings for you and negotiate your case. You do not want to deal with this by your self.


You should speak with an attorney with the specific back of your case what
was the alcohol level also the DMV is very document dependent and then
maybe problems with the documents the cop filled out. Also you may be
eligible for critical need license restrictions if your license is
suspended. If you don't know the answer to these questions you should get
an attorney


You Will lose your license for one year for Driving with Any Alcohol in your system... no "most likely" about it based on what you have written. Telling us that you breath test was "over .05" tells us nothing. Hopefully you are not pushing .08 as that can turn your case into a Big Boy DUI ! If you are convicted of 23140 you will have two suspensions, DMV and Superior Court. The court may be inclined to give you a restricted license after a period of suspension but the DMV will not be as inclined to do so... unfortunately you need both departments to agree.


Would you get a doctor if you were sick and the illness could affect you for the rest of your life? Of course you need a lawyer. Contact, and hire, the best locally experienced criminal defense attorney you can afford ASAP.

No quality/ethical attorney gives you percentages of your chances that you will "win the case." Irrespective of whether you hire an attorney or not, make sure you setup your DMV hearing within 10 calendar days of your arrest.


Definitely get an attorney. There are many good ones here on AVVO, just select "Find a Lawyer" at the top of the page. Good luck.

This is not intended as legal advice. No attorney / client relationship exists because of this response.


At the very least, you should talk with some of the local, qualified attorneys who specialize in DUIs. Many of them offer free consultations. You'll come out knowing more about your situation and whether you have a chance to "win the case" and get it off your record.
As many of my colleagues have already pointed out - there's a whole lot more to a DUI than just a number.

Also -make sure to request your DMV hearing. Being 19 with a 0.05 BAC doesn't bode well with the DMV, but a qualified attorney representing you is your best shot at keeping your license. Otherwise, you're looking at a "hard" one year suspension of your driving privilege.

Good luck.

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