Legal Question in DUI Law in California

I recently got a DUI. I blew a .09 on the street and a .08 at the station. The station was only 10 mins. away. The officers were taking bets if I was going to be arrested. They didn't tow my car. I wasn't driving eratic. They stopped me for expire tags (wife's car). Any advice for what I should do or expect?

Asked on 6/18/10, 12:03 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You have TEN DAYS from the date of your arrest to request a DMV hearing. If you don't, your license will automatically be suspended. If you request a hearing before the deadline, you'll be able to continue to drive, pending the outcome of the hearing.

The larger breath testing device at the police station is far more accurate than the handheld device the cops used in the field... but all of these breath testing devices have margin of error of .01-.02 either way. Depending on what you had to drink and when, it's probably just as likely that you were under .08% at the time of driving.

Without completely reviewing all the police reports and records of the breath machines, it's hard to tell what to expect... but you'll probably get a much better result with an experienced DUI attorney.

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Answered on 6/23/10, 1:21 pm


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