QUESTION

Public defender wants to take DUI to trial.

Asked on Dec 30th, 2025 on DUI/DWI - California
More details to this question:
I was charged with DUI & unlawful possession of paraphernalia used to smoke/inject. I was doing DoorDash and my car was on E as I was heading back to the city. My car stopped, as I ran out of gas. I pulled over to the side and decided to flag passersby’s. I was out there for about 3 hours and I finally gave up and went inside the car. I ended up falling asleep, not sure for how long, and a sheriff was at my window knocking asking if I was okay. I woke up & said I was just waiting for someone to take me to a gas station because my car ran out of gas. He asked if I was under the influence I said no. Asked to blow into a breathalyzer, came up 0.000. He asked if he could search the vehicle, and I said yes. Well he found an empty pipe I had in my backpack that i had forgotten about and assumed I was under the influence of narcotics. I got arrested, they drew blood, and results came back positive for meth. PD thinks theres no DUI case against me. This would b DUI#3 if convicted
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1 ANSWER

Criminal Defense Veteran Attorney serving San Francisco, CA
Partner at Pelta Law
4 Awards
I am sorry this happened to you.  However, I do not understand your question.
Answered on Dec 31st, 2025 at 10:24 PM

The response/answer provided is not legal advice nor does it form an attorney-client relationship.

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