1st DUI..should i fight it?

[pAint484]

What is the name of your state? California

I got pulled over last night for DUI. I took the breath test and got a .05%. So they took me in since im only 20yrs. Should i fight this?? I didn't take a urine or blood test (officer didn't ask) I was pretty messed up though and was suprised that i didn't get a higher %age. Cop never gave me a reason why he pulled me over either. So should i fight? how?

 

[Shay-Pari'e]

What would you fight? Would you fight your underage consumption?

 

[CdwJava]

What is the name of your state? California

I got pulled over last night for DUI. I took the breath test and got a .05%. So they took me in since im only 20yrs. Should i fight this?? I didn't take a urine or blood test (officer didn't ask) I was pretty messed up though and was suprised that i didn't get a higher %age. Cop never gave me a reason why he pulled me over either. So should i fight? how?

What was the specific charge? It was not for underage consumption as that is an administrative violation only and NOT arrestable. But since you mention you took a breath test, well - that WAS the test.

I suspect the charge was CVC 23152(a) - DUI.

If the .05% was taken on a handheld device in the field, it may not have been a good test (i.e. valid for the court) unless it was an E-PAS which is common in CA these days and has replaced the stationary Intoxilyzer 5000 at the station. If they took you to the station or the jail, and you took a breath test, then that was the test. Technically, they should have asked you if you wanted to have blood drawn so that you would have something to test later. But, you say you were messed up so you may have forgotten or not noticed if you were asked.

- Carl

 

[gottatravel]

fight

Use common sense. You were under .08. Get a lawyer. Spend the bucks. FIGHT FIGHT FIGHT. The mommys are out of control.

 

[VR_Hunter]

What is the name of your state? California

I got pulled over last night for DUI. I took the breath test and got a .05%. So they took me in since im only 20yrs. Should i fight this?? I didn't take a urine or blood test (officer didn't ask) I was pretty messed up though and was suprised that i didn't get a higher %age. Cop never gave me a reason why he pulled me over either. So should i fight? how?

Why would you fight this. You were in the wrong. If your record is clean, the judge MAY be lenient. You messed up, take it like a man and don't screw up again in the future.

 

[TYRIS]

What is the name of your state? California

I got pulled over last night for DUI. I took the breath test and got a .05%. So they took me in since im only 20yrs. Should i fight this?? I didn't take a urine or blood test (officer didn't ask) I was pretty messed up though and was suprised that i didn't get a higher %age. Cop never gave me a reason why he pulled me over either. So should i fight? how?

The code section they probably used was 23140 VC. Due to the fact that your under 21 a PAS device test will suffice for court and DMV. Also due to the fact that your under 21 you do not have the right to refuse the PAS test or it can be deemed a refusal. You should have been given a copy of the Admin Per Se sheet the officer filled out. Read it, it has all the info you need.

The reason the cop pulled you over will be in his report regardless of whether he told you. You can try to fight the reason for the stop but not the BAC.

Heres the section:

23140. (a) It is unlawful for a person under the age of 21 years
who has 0.05 percent or more, by weight, of alcohol in his or her
blood to drive a vehicle.
(b) A person may be found to be in violation of subdivision (a) if
the person was, at the time of driving, under the age of 21 years
and under the influence of, or affected by, an alcoholic beverage
regardless of whether a chemical test was made to determine that
person's blood-alcohol concentration and if the trier of fact finds
that the person had consumed an alcoholic beverage and was driving a
vehicle while having a concentration of 0.05 percent or more, by
weight, of alcohol in his or her blood.
(c) Notwithstanding any provision of law to the contrary, upon a
finding that a person has violated this section, the clerk of the
court, or judge if there is no clerk, shall prepare within 10 days
after the finding and immediately forward to the department an
abstract of the record of the court in which the finding is made.
That abstract shall be a public record and available for public
inspection in the same manner as other records reported under Section
1803.


-Tyris

 

[Shay-Pari'e]

Use common sense. You were under .08. Get a lawyer. Spend the bucks. FIGHT FIGHT FIGHT. The mommys are out of control.

https://forum.freeadvice.com/showthread.php?t=180078

He is also underage. From reading the above link, I must say I am rather puzzled why YOU would use the term "Common Sense".

 

[CdwJava]

The code section they probably used was 23140 VC.

True. Although, since it is only an infraction, actually making a custodial arrest is unlikely. But, there are circumstances which would justify the custody ... I just haven't seen it in the post yet. If he was arrested per CVC 23152(a), presumably he had a pretty poor FST.

I wish he would advise WHAT section he was arrested and/or ultimately cited for.

- Carl

 

[AHA]

How do you expect to fight something when you have admitted to "I was pretty messed up though and was suprised that i didn't get a higher %age"???

You were by your own admittance drunk and driving, which is illegal, so suck it up and face the consequences!!

 

[bdunham7]

Death penalty

Just be glad you aren't getting the death penalty for the DUI. It's a little realized fact, but all 50 states have it.

 

[CdwJava]

Just be glad you aren't getting the death penalty for the DUI. It's a little realized fact, but all 50 states have it.

Maybe I need another cup o' coffee ... what's the punchline?

- Carl

 

[bdunham7]

Death penalty

That IS the punchline. The death penalty clause isn't found in statutes, administrative code or ordinances, but in the Laws of Physics. Thousands of drunk drivers get the death penalty every year.

This is the one forum that pisses me off. Most of these people need a good beating with a bat, not legal advice. "gee, I was driving down the road drinking a beer and I blew a 0.14, but I have this really cool cockamamie story to tell the judge....".

Sure, everyone gets a defense. Child molesters, terrorists, drunk drivers, they all DO deserve their day in court followed by thousands of days in jail.

OK, I'll stop foaming at the mouth now.

 

[CdwJava]

Okay ... that was what I suspected. But, around here ya just never know.

- Carl

 

[Lost in MN]

pAint484-

I just went through the same thing that's happening to you...Try to recall all of the events that happened the night you were pulled over. .05 is low, but it's still over the legal limit for being underage. If you have a clean record--not even a speeding ticket--the judge might offer you a deal...you never know. Before you go to court review all laws in your state that relate to drinking and driving. Make notes of what happened the night you got pulled over. If, someone else was with you talk to them about what happened too because they can help you remember bits and pieces that you have forgotten. Read cases similar to yours and see what the final vertict was. This can help you figure out what sort of punishment you can expect. The best thing to do is educate yourself about the laws.

Here's what happened to me when I went to court:
I couldn't afford to hire my own attorney so, I applied for a public defender and was approved (again, I am not sure how it works in CA but I think you would have a pretty good shot at being awarded a public defender unless you make an outrageous amoung of $$). I sat and listened to everyone else's case and then the judge called me up. He looked over my record and the charges (Underage drinking and driving, allowing open container, and 67/55 (which really was 67/65, but that's besides the point.).) and says, "I see you have been awarded a public defender. Well, you could do that and go to a pre-trial or we could just make a deal now." Thinking he was going to ask me to plead guilty to all charges...I asked him what me meant by a deal. He said since I had a clean record--not even a speeding ticket-- and the BAC was low he would be willing to drop all of the charges, if, I do not get pulled over again for an alcohol related problem in the next 6 months. I felt as though I was walking on cloud 9. What I did was really stupid and I will never ever get into a car after consuming any alcohol at all because I could have lost my life that night or caused someone else to lose theirs.

[Soapbox]
I don't understand why people come to this forum to criticize and belittle others. Yes, we have made serious mistakes. EVERYONE makes mistakes. We're humans it's what we do. As as person who has never been involved with the law, before my incident, I was really scared and I didn't know what to expect. Infact, I didn't even know what my rights as a citizen were. Thankfully, there are some nice people on this board who do offer good advice and are willing to give advice without belittling the person asking for advice. Obviously, some people have forgotten that 'if you can't say anything nice (or helpful in this case) then don't say anything at all'. If you can't follow this simple rule, then why don't you do us all a favor and leave because your presence isn't welcome here. [/soapbox]

 

[RobertMiller]

Underage DUI

Thank you for your posting, and the opportunity to serve you further.

The problem with automatically pleading guilty in a case like this is that California carries a one year automatic license suspension for a guilty plea to underage driving. Depending on where you live, this can make things difficult.

Prosecutors, in my experience, are very sympathetic to this fact, and often agree with defense attorneys to reduce the charge to being intoxicated in public, or some other vehicle code violation, so that you can protect your license and not suffer the automatic license suspension.

I won't beat you up for your decision, since what's done is done, but you should be aware of all the consequences before you enter a plea of guilty.

I hope that this information helps.

Robert Miller, Attorney at Law