QUESTION
What is the worst that can happen and what can I expect in a best case scenario in a DUI case?
Asked on Feb 19th, 2015 on DUI/DWI - California
More details to this question:
I was driving at night on the freeway and ended up getting into an accident with a car that situated itself on the lane I was driving in. The lane I was driving in was the first lane on the far left and no carpool lane. The vehicle that I collided with had a flat tire but there was enough space for the car to move over to the left to avoid oncoming vehicles. I did not see any hazard lights on. I couldn't switch lanes before the collision because there were other vehicles and not enough space for my car to veer to the left without hitting the divider. Highway Patrol came less than a minute after. I did sobriety tests and a breathalyzer and ended up with a .06 but was still taken into custody, license was taken away, and left the station without paying bail. I'm concerned about what is going to happen because I felt that I did well on the sobriety tests with the officer and blew a .05 at the station. However the officer said that I did poorly on the sobriety tests and the other vehicle claimed they had their hazard lights on the entire time when they clearly did not. What are my chances to avoid getting a DUI?
4 ANSWERS
Bankruptcy Attorney serving Irvine, CA
at
Chambers Law Firm, P.C.
Update Your Profile
Sounds like you have some good facts with which to work. Contact a qualified DUI attorney.
Answered on Feb 20th, 2015 at 9:34 PM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
.05 probably won't be filed. If it is filed your chances are good to avoid DUI. Call the DMV set up a DMV hearing to get your license returned. Otherwise, they may not catch that you only blew .05. That is the kind of case you have to take to trial if they won't dismiss.
Answered on Feb 20th, 2015 at 9:31 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The accident will be problematic and, although your BAC was below .08, you still can be charged with a DUI. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Feb 20th, 2015 at 9:29 PM
FST's are designed for anyone who takes it to fail. If you are asked to do 20 things and did 19 right, guess what ends up in the report? Yes, that 1 thing you did wrong. Which is why you should NEVER do FSTs to begin with. But you do have a low blow and a good case. You need to hire a DUI specialist, and do it fast because you have only 10 days to save your license.
Answered on Feb 20th, 2015 at 9:28 PM