Garden Grove, CA asked in DUI / DWI for California

Q: : I am CDL holder , got pull over in passenger car for DUI , if my BAC is under 0.08 , what will happen to me license .

Related Topics:
2 Lawyer Answers
Daniel R. Perlman
Daniel R. Perlman
Answered
  • DUI & DWI Lawyer
  • Los Angeles, CA
  • Licensed in California

A: If you BAC is under .08, the DMV will not take action against your license which means you will not suffer a hard suspension (on a first DUI). You are also unlikely to suffer any kind of soft suspension either.

Joseph Bronson Barnes
Joseph Bronson Barnes
Answered
  • DUI & DWI Lawyer
  • Milford, CT

A: You should not be charged as you are not guilty under most circumstances. A driver under age 18 may be prosecuted (Zero Tolerance) or under certain circumstances a level under .08 is proscribed but that does not appear to be the case with you. 0.08% alcohol by weight in your blood stream is the most common standard. Under that the state does not have a prima facie case against you. That hasn't stopped all prosecutions though. I know one who prosecuted anyway under "common law" standards, he had shown himself to be unstable during the "California," physical performance, tests.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.