Any help is appreciated (booked for 23152a DUI)

[ashish1980]

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

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

First of all i would like to thanks everyone in advance for answerinng my questions.

Yesterday night i got a citation for 23152 a in bay area, california. I was returning from a pub with my friend. I was in a parking lot and i did not notice that cops are standing there. As soon as i backed my car by a foot or two they honked at me in the parking lot istelf. They ask me to do field sobriety test which i accepted. I think i have perform the test correctly but they dont think so. So they ask me to take breath test and i took it. I dont know what was my BAC at that time because they never told me. I got arrested after that (i dont know whether its a arrest or not because they release me without any bail an hour later when my room mate come to pick me up at the station) and took me to the police station where they took my blood and took my photo and finger prints. The cop who took (arrest me) me to the police station did not even confiscate my license therefore i did not even get any pink slip. He gave me citation for 23152a only. 23152b is not even mention in the citation. I do not have california driving license as i currently operate my vehicle on texas driving license. I have a clean driving history, not even any speeding ticktes till yesterday night. My questions:-

1. since i did not get a citation of 23152b, can they convict me for BAC greater than 0.08 or more?

2. If my BAC was more than 0.08 why they did not give me 23152b citation?

3. what are the consequences of 23152a only citation? Do i still need to contact DMV for APS hearing?

4. How would i know that my license is suspended because the officer did not even gave me any pink slip or confiscate my license?

5. Am i eleigible to take services from public offender because i dont have money to hire a DUI attorney. Are their any minimum salary requirements which make you eligible for public defender. Due to market crash last year, i really cant afford to hire a DUI attorney.

6. Since i only cited for 23152 a, how they gonna prove if i am under the influence? I did not even slurred while talking to the cops, i did not hit anyone, i was still in the parking lot and my speed was 5 miles/hr. I even distinctly remember my conversation with the cops and his fellow officers.

7. Is there a possibility that they book me for 23152b when i appear in court after getting BAC from my blood results. But those results were at a later time and for 23152b you have to have a BAC more than .08 at the time of stop. Right?

8.When cops took me to police station they are the one's who parked my car and they did not even close one of the windows of my car due to which my car stereo and ipod got stolen from my car. Who is responsible for that theft?

9.How much fine and penalties i should be looking for my mistake.

I am feeling very nervous write now, any help is greatly appreciated. Again thanks to anyone who can answer my concerns or questions related to DUI.
Thanks everyone for their time.

Best Regards,
Ashish

[FlyingRon]

Are you a resident of California now? Why do you not have a California license? This is likely to come out and yield a violation for that, too.

There's no practical difference between (a) and (b) in the long term. The first says you were under the influence, the second just puts a per se limit for that.
A BAC of .08 will go a long way to convicting you under (a) and they can still charge you for (b). Most likely they charged you because they had plenty of evidence even before the chemical test was run.

You fail the chemical test and California is going to take administrative action without regard to what you are charged with. Even without a California license, they will suspend your privto drive if you do not challenge that in the hearing (so yes, you want to request one if you are so inclined).

You should have already received notice that your California privs will be suspended in 30 days. Doesn't matter that they didn't take your license.

You can get a public defender if you are indigent and can not (rather than are just unwilling to) pay for counsel. This won't help you with the DMV.

The testimony of the officer will probably be enough to conviced you. Every drunk thinks they passed the field tests.

The cops are not responsible for the subsequent thefts.

You're looking at 2 days in jail, $1800 fines, loss of license, and mandatory participation and paying for a alcohol education program.

[ashish1980]

Thanks for your reply Ron.

I am not a united states resident. I am working in california on h1b status. My work is project based therefore i never took california license as keep moving to different places. Cops did not even told me what is my BAC level after my breath anylser test. Is there any way i can find out what was my BAC concenteration at the time of stop. If they put me in jail, what would my record will show DUI or Jail time? My green card process is already started by my employer, do you think if i get convicted for DUI then its going affect my green card process too. Can i plead guilty and request the judge to convert my jail time into community service? If i go for DUI attorney then what difference they gonna make incase my BAC is overlimit. How would i know that my case is already filed in DMV because i did not get any pink slip. I just have a citation which says 23152a. How would i know that i have to contact DMV in 10 days for APS as i didnt get suspension or license revocation notice? please advice me on some of the possible routes i should take in order to handle my case effectively.

[CdwJava]

Originally Posted by ashish1980

The cop who took (arrest me) me to the police station did not even confiscate my license therefore i did not even get any pink slip. He gave me citation for 23152a only. 23152b is not even mention in the citation.

How do you know about 23152(b) and the "pink slip" (the Admin Per Se DS367)? Have you been arrested for DUI before??

The reason they did not seize your license and issue the DS 367 is because, apparently, they did not believe they could reasonably show your BAC was .08 or greater at the time of the arrest. Your license can only be seized if the officer can articulate good cause to believe the chemical test will be at or above .08 BAC.

I do not have california driving license as i currently operate my vehicle on texas driving license.

That's another violation. Technically, you are operating without a valid license in CA unless you are a student who is under 23 and a dependent of someone in TX and you are not employed here.

1. since i did not get a citation of 23152b, can they convict me for BAC greater than 0.08 or more?

If the blood test comes back at .08 or greater, they can add that violation later. The only way to avoid that would be to plead guilty to the current charge real quickly.

2. If my BAC was more than 0.08 why they did not give me 23152b citation?

Because you said they took blood. The results will take two or more weeks to come back.

3. what are the consequences of 23152a only citation? Do i still need to contact DMV for APS hearing?

No license suspension is pending unless you are convicted or if they move to suspend your license when they receive the results. I have yet to ever see a DS 367 issued after the chemical tests come back, but I suppose it is possible.

4. How would i know that my license is suspended because the officer did not even gave me any pink slip or confiscate my license?

It appears it was not suspended.

5. Am i eleigible to take services from public offender because i dont have money to hire a DUI attorney. Are their any minimum salary requirements which make you eligible for public defender. Due to market crash last year, i really cant afford to hire a DUI attorney.

You can call the court or the local public defender's office (if there is one in your county) and find out the income or asset requirements for eligibility.

6. Since i only cited for 23152 a, how they gonna prove if i am under the influence?

The officer's evaluation and the results of the blood test.

7. Is there a possibility that they book me for 23152b when i appear in court after getting BAC from my blood results. But those results were at a later time and for 23152b you have to have a BAC more than .08 at the time of stop. Right?

The blood test will have the official results.

8.When cops took me to police station they are the one's who parked my car and they did not even close one of the windows of my car due to which my car stereo and ipod got stolen from my car. Who is responsible for that theft?

You can make a claim to the agency if you wish to do so. If they gave you the option of either having the car towed or leaving it there,then they may say it is your responsibility. This is precisely why many agencies do not give suspects the option.

9.How much fine and penalties i should be looking for my mistake.

Probably close to about $3,000.

- Carl

[ashish1980]

Thanks so much carl for replying to my questions. I was never given DUI, this is my first time (and lcertainly last time). The reason i know about 23152b is and APS is because of this great forum. I have read nearly every thread which is posted in this forum. But still have so may questions because the way they arrested me. I dont even know whether that was called an arrest or not because no body bailed me out. They just let me go with my roommate after 1 - 1.5 hour of stop. But before letting me go they did took my blood sample, photograph and finger prints. Now my problem is i dont know how to proceed. I did not even know my BAC level at the time of arrest. They did not gave my breath analyser report. Since they did not gave me any slip i dont know whether to go to the DMV for scheduling an APS hearing. I talked to one DUI lawyer and he is telling me to schedule a DMV hearing. But my concern is when cops did not even suspend my license or gave me any suspension notice do i seriously need to go to DMV? Most of the lawyers in Bay area are asking around 8k to represent my case and that being said, without knowing my BAC they cant say anything what will happen to my case. As per every lawyer if i wait to get BAC report from my blood sample then 10 days are going to get passed and my license will be suspended if i dont schedule APS hearing. Every lawyer i am calling is asking for BAC level at the time of my arrest which i dont even know so i cant even decide which one i should go with because they all are saying same thing that my license will be suspended if i dont move quickly. I dont understand, without even giving me any suspension notice how could DMV just suspend my license. Then there is this court case for which i dont even know which is better, to plead guilty or not guilty. From my own research i have found out that the fine should not be greater than 1000 dollar. Along with these fines i will get jail term for two days and i will need to take 5-6 months class on alcohol. What difference a DUI attorney gonna make if i pay them 8k to pay a fine of 1k, with 2 day jail term and alcohol classes. Cant i convert jail sentence to community service or something of that sort if i plead guilty? Is there any chance i can reduce my sentence to wet reckless? I am already going thorough a diificult phase in life with all the financial problems i got in because of last year market crash. Is there anything like drug diversion in cases like DUI?

I really appreciate you guys for giving your valuable time to help people like me who dont have prior knowledge of things like DUI. Thanks again for replying my thread.

[FlyingRon]

The DMV will suspend your California driving privs regardless of whether they took your license at the time of arrest (which they won't do for out of staters).
With a chemical test of .08 and no hearing requested you can GUARANTEE your privs will be suspended.

An properly doc'd H1B visa holder can, and is required within 10 days of moving to California, get a California license.

While the fine is no less than $390 nor more than $1000, "costs" will increase the total amount paid.

[CdwJava]

Originally Posted by ashish1980

But still have so may questions because the way they arrested me. I dont even know whether that was called an arrest or not because no body bailed me out.

They transported you to another location and you were issued a citation (a release on your own recognizance). That is an arrest.

They just let me go with my roommate after 1 - 1.5 hour of stop. But before letting me go they did took my blood sample, photograph and finger prints.

That may have been your official booking.

Now my problem is i dont know how to proceed.

Consult an attorney if you can leverage assets to obtain one. And, show up on the date and time on the citation at the location indicated.

Since they did not gave me any slip i dont know whether to go to the DMV for scheduling an APS hearing.

You can always call the DMV. But, unless they seriously screwed up and MEANT to give you the DS 367 and did not, then you do not have to schedule a hearing.

I talked to one DUI lawyer and he is telling me to schedule a DMV hearing.

You can try, but if they don't have the paperwork, then they won't be able to do that.

Most of the lawyers in Bay area are asking around 8k to represent my case and that being said, without knowing my BAC they cant say anything what will happen to my case. As per every lawyer if i wait to get BAC report from my blood sample then 10 days are going to get passed and my license will be suspended if i dont schedule APS hearing.

That's possible, but I can't see how scheduling a hearing if no paperwork is at the DMV will do anyone any good. If they intend to seek a suspension, it will be after the blood test results come back.

And $8,000 is a lot of money. But, if these are specialized DUI attorneys, it's about right. But, Bay Area attorneys may average a bit higher than many other locales, so that may be the going rate for a typical criminal defense.

I dont understand, without even giving me any suspension notice how could DMV just suspend my license.

Unless someone fouled up, they can't.

From my own research i have found out that the fine should not be greater than 1000 dollar.

You forgot to add the fees and assessments on top of that, plus you will likely have to pay for testing and some of the court fees if found guilty. I'm told that $5,000 out of pocket (not counting an attorney) is not uncommon.

Cant i convert jail sentence to community service or something of that sort if i plead guilty?

Not if it is mandatory time.

Is there any chance i can reduce my sentence to wet reckless?

That's the typical plea offer if your BAC is close to .08. There is typically no diversion for these, but there may be ... I can't say there is not, I am just unfamiliar with any.


- Carl