QUESTION

Will I receive additional jail time for a first offense DUI with 0.032 BAC?

Asked on Oct 06th, 2012 on DUI/DWI - California
More details to this question:
I was stopped on a freeway because the police officer thought I was not driving well. I was driving towards my home and coming from a dinner/party. I only had two drinks in a period of three hours. I was very cooperative with the officer and I did the breathalyzer test and it marked 0.032 but the officer was skeptical about the reading so he asks me to do the blood test at which I said yes. Therefore, I spent the night in jail and released the next morning with a bail bond. I live in California and this is the first time ever I am arrested and taken to the police station.
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5 ANSWERS

In CA the limit is .08% if you are talking about .332 then you will have a longer class and possibly higher fines, and more jail.
Answered on Oct 15th, 2012 at 5:53 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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A 0.032 BAC is well below the limit for a DUI. Depending on the results of the blood test, you should not have received a DUI. There also may issues as to why you had to take a blood test after taking the breath test. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Oct 15th, 2012 at 2:29 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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.032 is a low BA, not high. If the blood test is consistent, you have a better chance at a good outcome than most. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so, n timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. 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. 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 dismissal, 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 this and get the best outcome possible, using whatever defenses there may be.
Answered on Oct 10th, 2012 at 12:23 PM

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Criminal Defense Attorney serving Santa Rosa, CA at Michael T. Lynch
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A DUI is a charge for driving while being under the influence. A convicted individual can be under the influence of alcohol or drugs. Following a breath test for blood alcohol content, a BAC of 0.032 provides a presumption of no impairment. However, if the blood test comes back with levels of drugs which would also impair driving you could still be convicted of a DUI. At this point the possibility of you doing jail time rests mostly upon the results of that blood test.
Answered on Oct 09th, 2012 at 9:02 PM

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Michael Paul Vollandt
In California a .032 will carry some jail time. That is a very high BA and you should have been passed out by that time. Do not plead until you get the blood result.
Answered on Oct 09th, 2012 at 2:55 PM

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