Legal Question in DUI Law in California

Borderline on driving at limit,,,,refused breatheliser ...booked and arrested...waited hour and half for blood test...released in six hours...must wait up to a month for results...am i already suspended licsence...what to do


Asked on 4/25/11, 10:58 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

What to do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case.

You have already subjected yourself to an automatic one year suspension of your license by your unwise refusal of testing. The court could impose additional suspension.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.

Keep in mind a little FREE advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court or the one imposed by your refusal of testing. Contact DMV and do so, timely, then appear at your scheduled hearing and present any supporting evidence and testimony.

If serious about hiring counsel for these things, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be.

Read more
Answered on 4/25/11, 12:53 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California