QUESTION

How can I get my DUI dismissed?

Asked on Nov 06th, 2012 on DUI/DWI - California
More details to this question:
I am 19 residing in San Diego,CA. I went to Mexico for the first time and got pulled over mainly because part of the car I was driving was resting on the white stop line. But my friends smelt like alcohol. I stopped drinking an hour before leaving so I thought I was fine, but I guess it was still in my system my BAC was .017 & .019 I am a student who needs a car to drive to school in work. My mother is a single mother. What can I do?
Report Abuse

3 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
How can I get my DUI dismissed? By proving to the DA you were absolutely not DUI. Hard to do when you blew a BA over twice the legal limit and will have officer testimony against you. What can I do? Defend the charges. A little free advice: If arrested for DUI, 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 questioned, arrested or 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? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. While this isn't a 'capital case', it certainly carries potential jail, so handle it right. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal and factual arguments, for evidence suppression, search and seizure, or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. 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 dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Nov 08th, 2012 at 5:13 AM

Report Abuse
The blood alcohol levels which you cited were double the .08% it will be difficult to save your license or avoid a DUI. The suspension will start 30 days after your arrest and last for 30 days. Then if you are in a DUI program, have insurance and pay a reissue fee you can get a restricted license.
Answered on Nov 08th, 2012 at 4:30 AM

Report Abuse
Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
Update Your Profile
If the BAC numbers are correct, you may be able to beat the charge. It will require you to hire a lawyer and an expert. If you are a student, you may be able to get a public defender and the public defender may be able to get the county to pay for an expert. There is scientific evidence that the breath testing machine is not accurate at those low levels. There are many non-alcohol compounds that will show up as alcohol in those machines. Additionally, there is a long list of substances like soy sauce, white bread and mouth wash that will cause the machine to register alcohol. At that low level, you can fight and win your case by showing that the machine is woefully inaccurate at levels below .03, that compounds other than ethyl alcohol may show a false reading and that common foods may cause the machine to show the presence of alcohol. These defenses require a lawyer and an expert. Good luck.
Answered on Nov 06th, 2012 at 10:48 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters