QUESTION

What are my chances to get the DUI dismissed or lessen the charge into reckless driving?

Asked on Jul 23rd, 2013 on DUI/DWI - California
More details to this question:
I just got a driving under the influence charge last night in Poway. I was driving my friend's car and my friend was in the car too. It was going downhill with a very poor visibility (no street lights, downhill, with a sign of look out for deer, the street is curving, not straight). I was going about 55 m/h, and I noticed it was going a bit too fast and saw the sign of look out for deer, so I stepped on the brake, and the car just lost control and ran into the trees. Now the car is pretty much trashed, but nobody is hurt or injured (except for some minor cuts and scratch I got, but no big deal). I then was charged for driving under the influence with bail amount $2500. I had like 5 shots and 2 beers between 8:30 and 10:45pm. I am 160lbs. The officer had me do a few tests, like watching the pen move, walked in a straight line tip-to-toe and count 1-10 at the same time, which I thought I did fine but he said I failed. I felt that I was sober but just a little bit buzzed. Then the officer asked me if I wanted to take a breath test or blood. I said breath. But after we got to the police station, the breath machine was broken. So the officer called a nurse to take the blood test for me. By the time I took a blood test, it was at around midnight 12am. The cop said the result won’t be out until the court date. I also ate a large meal at 7pm too. My court is San Diego Downtown, at Broadway. I am 24 years old.
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2 ANSWERS

Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Your chances of getting the charges dismissed or reduced are good. BUT you HAVE to be prepared to fight the charges. The best way to get it dismissed without having to go to trial is by utilizing two cases: Schmerber v. California and McNeely v. Missouri. This is done by filing a motion to suppress the blood draw because (1) it lacks fourth amendment consent to the intrusion and (2) because it was not performed in a medically approved manner. The other way to fight the charges is by taking your case to trial. This involves hiring a lawyer and having her/him hire an expert who can testify that you were probably not under the influence at the time your were driving. This defense has to do with the science of alcohol absorption in the blood. A process that can take up to 6 hours on a full stomach. So if your blood was .14 at midnight it could have been significantly less at the time you were actually driving. There are also serious problems with the blood testing cops use.
Answered on Jul 24th, 2013 at 8:57 PM

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Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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At this point, without knowing the results of the blood test, it is impossible to answer your question. Contact an experienced DUI attorney and try to retain one to defend you. Many of us on LawQA provide a free consultation. Get on this today.
Answered on Jul 24th, 2013 at 8:15 PM

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