Legal Question in DUI Law in California
I fell asleep while I was driving and hit a call box on the freeway. I panicked and left. When I got home and called the police and told them what happened. They showed up at my house 3 hours later and they told me they had to do a breathalyzer test and that it was legal because I'm 20. I didn't tell the officer that when I got home I was so nervous I drank three beers. When they did the test .06 came out. Can I fight that in court to avoid a DUI?
4 Answers from Attorneys
Don't make statements or speak to the police, in the future if this happens call a lawyer. Also never open your door to the police unless they have a warrant. If, as it appears, you were criminally charged, hire a lawyer right away so that 1) the lawyer can be with you on your first court date; and 2) your lawyer can file with the DMV before the 10-day deadline expires. You also need to file form SR-1 with DMV and inform your insurance company (Caltrans will want to be paid for the callbox). Best of luck and I'm here to help.
Also the court will expect you to address your binge drinking problem. Blacking out and crashing into call boxes is a clear sign that You Have A Drinking Problem. Next time you black out behind the wheel you might well kill a human being. 2nd degree murder carries a penalty of 15 years to life. Start going to AA meetings tomorrow, and get a signed proof of attendance each time.
Were you arrested? Your explanation is great, but you left out the most important facts. were you arrested and "I didn't tell the officer that when I got home I was so nervous I drank three beers" why not? AND, the officers asked you if you had anything to drink after the accident, WHAT DID YOU TELL THEM???
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