QUESTION
18-year-old son arrested for dui and preliminary breath was .01 to .009 per police report BAC came back 0.00 alcohol will DMV suspend?
Asked on Jun 21st, 2013 on DUI/DWI - California
5 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Probably, the DMV can use the Preliminary Alcohol Screening (PAS) device for evidentiary purposes in an under 21 DUI prosecution. A skilled DUI attorney can bring challenges and elicit testimony that may get the one year license suspension "set-aside" or dismissed.
Answered on Jun 23rd, 2013 at 9:02 PM
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The under aged BAC in Louisiana is .02, not .08. And the DMV hearing is a separate matter altogether. You also only have 15 days from the date of the arrest to request a hearing with the DMV to challenge the license suspension.
Answered on Jun 23rd, 2013 at 9:01 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I would call the Department of Revenue, Drivers Licenses Bureau on Monday. If they are going to revoke or suspend the license, he has to ask for a review within the time allowed by Missouri law.
Answered on Jun 21st, 2013 at 10:42 PM
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Your son could be suspended for 3 months for minor in possession. But, there should not be a DUI type charge or DMV suspension based on the BAC. I would be happy to help make sure things go right lets discuss representation In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. Do not request the officer. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Jun 21st, 2013 at 9:40 PM
Yes, even with a 0.01 DMV will suspend if the person is under 21. Which is why you need to hire a DUI specialist to represent him, and do it soon because he has only 10 days to request a hearing. A DUI case is about a lot more than the BAC level.
Answered on Jun 21st, 2013 at 9:38 PM