The accident made it a felony. The BA is over twice the legal limit, making enhanced penalties mandatory. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do. While this isn't a 'capital case', it certainly carries potential jail, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I'll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
Answered on Jan 18th, 2013 at 9:54 PM