Q: Should I fight my DUI case
I am 19 years old I got the DUI 5 days ago. I was on the side of the road with my hazard lights on(did not get pulled over). CHP approached me and ask if I was drinking I said "no". They smelt alcohol in my car and asked me to perform some test. I know I passed all of them. However, I did not pass the breathalyzer. I got a BAC of 0.02. They took my license away and told me to call the DMV for a court date. I had to have someone pick up the car etc (did not get arrested).
more info needed
if you don't fight you lose your license for 1 yr automatically.
if you have the money fight it or ask for court appointed lawyer to look into your defenses
A: Some things do not add up. You wouldn't call DMV to get a Court date, but you would call DMV to challenge an otherwise likely automatic driver's license suspension based on this citation for under 21 DUI. Based on what you wrote, it sounds like the Officer cited you with a VC 23136. Under 21 with a .01 or higher BAC. I would be happy to speak to you further about your case and discuss potential defenses, etc. Feel free to call me at 818-336-1384 to discuss your case further. I regularly defend DUI cases and under 21 DUI related matters. Thanks, Philip Hache, Attorney
A: Driving with a BAC of 0.01% or more is a violation of 23136 VC, an infraction. If this charge is substantiated the penalty is a one-year suspension of your driving privilege. Based on the facts as you’ve described them you be able to argue that the PAS breath test was invalid and/or that there is no evidence of the required element of driving. A good DUI attorney can evaluate the evidence and potentially save you from a one-year hard suspension of your driving privilege, or negotiate a court order permitting a critical need license.
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