Tustin, CA DUI Law Firms & Lawyers

Your chances are great. You should have the blood retested if they refuse to give you a wet reckless. Often you will find that either the BAC is slightly lower, or that the preservative level is insufficient to substantiate the .08.

The best advice I can give you is to hire an attorney immediately. The "ticket" you were given is most likely a Notice to Appear in Court to Answer to Criminal Charges (DUI). In addition, the pink Admin per se Order you were given is only good for 30 days, after which your license will be automatically suspended. If you wish to contest the suspension, you must request a hearing within 10 days of your license being taken by the police and receiving the Admin per se Order. Time is of the essence.

.032 is a low BA, not high. If the blood test is consistent, you have a better chance at a good outcome than most. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so, n timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I?ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.