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I flipped a car on an off ramp. Police showed up ten minutes later and asked if I needed any medical help, I said yes and they arrested me for suspicion of DUI. My blood test at the hospital was at .008. What should I do next?
12 ANSWERS
Criminal Attorney serving Santa Barbara, CA
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Law Office of Kenneth M. Hallum
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You should wait and see if the prosecutor files charges. If so, a .008 (if correct) is not even close for impairment, however if a .08% is the number you should consult a DUI attorney, there may be many defenses to a blood alcohol at the presumed limit, including integrity of the sample, and establishing a time sequence relating to the incident.
Answered on Nov 15th, 2011 at 12:12 PM
Criminal Defense Attorney serving Santa Ana, CA
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Law Offices of Paula Drake
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You should call an attorney to discuss all of the issues. If your BAC is .08, then you will be facing a license suspension and the DMV should be contacted to schedule a hearing; you will also be looking at criminal charges. If your BAC is .008, then your license is not subject to an administrative action, but you may have to deal with a possible court case. I am wondering if they took a blood test for drugs. In any event, you need to call an attorney to discuss ALL of the specific facts.
Answered on Nov 09th, 2011 at 8:26 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Hire a lawyer. Call the DMV Driver Safety Office by where the accident happened and set up a DMV hearing within 10 days.
Answered on Nov 08th, 2011 at 11:15 PM
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You only have 10 days from the date of the incident to demand a DMV hearing to avoid the administrative suspension of your license. I urge you to meet with a local, experienced attorney as soon as possible.
Answered on Nov 08th, 2011 at 11:15 PM
Did you mean 0.008 or 0.08? If it is 0.008 and you are over 21 then your attorney should get the charges dismissed. Depending on the cause of the accident and whether anyone was injured you may or not be facing other charges. If your BAC was 0.08 you are looking at a DUI with an accident. This will enhance your pinilities. The main thing for you to do now is consult with an attorney.
Answered on Nov 08th, 2011 at 10:44 PM
James Lochead
If you have the financial resources, you should retain an attorney who regularly handles driving under the influence cases, otherwise seek the representation of the Public Defender's Office.
Answered on Nov 08th, 2011 at 10:37 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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Hire a lawyer. A lawyer can probably get you a "wet reckless" unless you have had multiple priors or someone was injured by your negligence.
Answered on Nov 08th, 2011 at 10:31 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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It will matter if this your first offense or you have priors. Also, were your blood results .08 or .008 as you wrote in your question?
Answered on Nov 08th, 2011 at 10:30 PM
Hire an DUI specialist ASAP, because you have only 10 days to protect your license. With a 0.008, you have an extremely good case, but certain things happen automatically unless proper action is taken.
Answered on Nov 08th, 2011 at 10:05 PM
If you're blood alcohol level was .008% and there are no traces of illegal substances in your blood, the case is unlikely to be filed by the prosecutor. However, like many people, you may be mistaken about your blood alcohol concentration which may be .08%. If that is the case, you should consult with a qualified DUI lawyer. Please remember that you only have 10 days form the date of the incident to request a DMV hearing. It is much better if you allow your lawyer to schedule the hearing, but you may do so yourself. If you fail to schedule the hearing within 10 days from the date of the incident, you lose the right to have it.
Answered on Nov 08th, 2011 at 8:22 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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First you only have 10 days from the date of your arrest to challenge the DMV's automatic suspension of your license. If you do nothing, your license will automatically be suspended for four months. Next the criminal case. Because your blood alcohol level came back at 0.08%, the DA will likely file two DUI charges against you. You're right at the legal limit, so you have some potential issues to either beat or reduce the charges. The only way to do that is with a criminal defense attorney. Start looking for a lawyer but whatever you do, don't miss that 10 day cut-off or your license is suspended.
Answered on Nov 08th, 2011 at 7:40 PM
You should get a copy of the police report and determine if there are any problems with the evidence before your arraignment. After that it is a matter of negotiating with the DA for a reduced charge, pleading not guilty and trying the case, or pleading guilty to the charged offense.
Answered on Nov 08th, 2011 at 6:21 PM