Crestline, CA asked in DUI / DWI for California

Q: How can I avoid being falsely charged with an underage DUI of blowing above .01? [Vehicle Code: 2314(a)]

I was pulled over after not completely stopping at a stop sign and then was under DUI investigation because I had just picked up my drunk friend from a friends house. I complied with all the CHP’s orders and denied drinking all together except for the night before (approx. 9 hours before the investigation). I’m not sure what I blew but I know it was between .019 and .05 because it was just an infraction. I had taken a dose of NyQuil approx. 35 min before taking the breathalyzer, however, out of nervousness, I denied taking any medicine as well as denying that I was sick (which I was). Another reason why I think I denied this was to avoid the breathalyzer because I was worried of being falsely convicted. Furthermore, I had 2 more friends in the back seats who were buzzed. As well as a few non open beers which my 23 year old friend brought with him when I picked him up. I am 19 years old with no criminal record. Any advice would be great

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1 Lawyer Answer
John Karas
John Karas
  • DUI & DWI Lawyer
  • Temecula, CA
  • Licensed in California

A: Nyquil contains 10% alcohol. The law doesn't make a distinction what the source of the alcohol was, just that you had it in your system.

Your first course of action is to request a DMV hearing within 10 days of your arrest. Otherwise, your license will automatically be suspended for 1-3 years (depending on your prior DUI conviction history). You can get a "hardship" exemption if you meet the qualifications but only after your license is suspended for 30 days.

Did you submit to a PAS (Preliminary Alcohol Screening) at the scene where you were stopped or was the breath test administered at the police station? An experienced DUI lawyer can attack the results of a PAS more effectively than a breathalyzer. That's pretty much your only defense.

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