QUESTION
Will they charge me still if ten minutes later at the hospital I blew a .07?
Asked on May 20th, 2013 on DUI/DWI - California
More details to this question:
I got a DUI on November 18th 2012 had a BAC of .082 at the scene. I was parked and back over a curb on accident due to rain. I also just now received a court summons dated May 16 2013.
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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They have charged you, I am assuming it was an order to appear not a summons for a civil action. If it was a summons for a civil action contact your insurance company.
Answered on May 29th, 2013 at 9:10 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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No one other than the DA can tell you if you will be charged. While the record of your blood alcohol content will certainly influence the prosecution of your case, charges can be filed in a DUI case even without any chemical tests.
Answered on May 23rd, 2013 at 2:48 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you received a court summons, then it appears that you are being charged. I suggest that you contact an attorney.
Answered on May 22nd, 2013 at 8:58 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Maybe. You provided a breath test that was above .08 the prosecution may choose to proceed with both the DUI charge and the .08 or above. In the counties we practice in, we are usually successful in getting cases with facts similar to yours reduced or dismissed. A skilled DUI lawyer can definitely help you defend against these charges.
Answered on May 22nd, 2013 at 11:55 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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You can still be charged, but based on the facts you have provided, you have some good defenses available. Many attorneys on LawQA provide a free consultation. You should hire counsel immediately. Did you go to the May 16 hearing?
Answered on May 22nd, 2013 at 10:56 AM