23136(a)

[ap1s2k]

What is the name of your state (only U.S. law)? CA

Hi
First a little background on the Situation:
I'm a 20 year old in Northern California. On 3/26/09 I went to a friends bday party in San Jose and had 2 beers around 12:00 AM. I left his house around 2:00 A.M cause another one of my friends was really drunk and needed to go home. At first i wanted to see if anybody else was able to drive her but nobody else was from San Francisco. I was pulled over for going 78 mph in a 65 mph. The officer issued me a field test which he said I passed. He then gave me a BAC level test, he didnt tell me the exact numbers but said it was relatively low. He then issued me citation 23136(a) and circled the Infraction option and dropped me off at the next freeway exit.

These are a few questions i have about the citation
Questions:
1. I asked the officer if this constituted as a D.U.I and he said it wasn't that severe but i just wanted a 2nd opinion. So the question is, Is this a D.U.I?

2. I'm going to schedule a DMV hearing and was wondering if i'll need a lawyer to be there to help my case?

3. Also what are the usual penalties that comes with this offense?

4. How many points will this be on my driving record and how long will it stay on there?

5. Will this go on as a criminal record?

6. I am a full time student and a full time employee, I was wondering if there is a good chance i can be granted a limited license to go to work and school?

Thanks in Advance for all your help

-Sam

 

[CdwJava]

I was pulled over for going 78 mph in a 65 mph.

First things first, then ... the stop was good.

The officer issued me a field test which he said I passed. He then gave me a BAC level test, he didnt tell me the exact numbers but said it was relatively low. He then issued me citation 23136(a) and circled the Infraction option and dropped me off at the next freeway exit.

That means you were at .01 or higher, but were no sufficiently impaired for him to articulate probabel cause for an arrest for DUI per 23152(a).

1. I asked the officer if this constituted as a D.U.I and he said it wasn't that severe but i just wanted a 2nd opinion. So the question is, Is this a D.U.I?

Directly? No. It can play against you in some future DUI charges, however. With luck, that won't matter because you will not again be driving after drinking while under 21, will you?

2. I'm going to schedule a DMV hearing and was wondering if i'll need a lawyer to be there to help my case?

The DMV hearing does not require an attorney and the attorney really has little standing in the hearing. The hearing is concerned with only a few things, including: Did the officer have reasonable suspicion for the stop? Did he have good cause to have you submit to a breath test? And did the test result in a BAC of .01 or greater?

Unless you intend to argue that any of these was not the case, there is no real reason to bring an attorney, in my opinion. However, it is always a good idea to consult an attorney when facing ANY potential criminal case - even traffic matters.

3. Also what are the usual penalties that comes with this offense?

You could lose your license for one to three years but if you can convince the DMV that you have a "critical need" to drive, they might allow you a restricted license. You will also have to pay fees and fines totaling about $266, and you may have to pay a reinstatement fee to the DMV of about $100 when you get your license back.

4. How many points will this be on my driving record and how long will it stay on there?

Oddly enough, it is worth zero (0) points.

5. Will this go on as a criminal record?

No.

6. I am a full time student and a full time employee, I was wondering if there is a good chance i can be granted a limited license to go to work and school?

If you can demonstrate a critical need and that there is no other means of transportation available to you, it might be possible.

- Carl

 

[ap1s2k]

Thanks for the advice

I actually usually never drink

The only reason i did this time was because the birthday boy is a really close friend that i've known forever and if there was another person to drive that girl home, i would of just stayed at the house till morning

Hopefully i can plead my full time student and employee case to get a restricted license

Thanks again

-Sam