BAC question

[mma81490]

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

I was wondering if it is common to receive jail time after a first time offense DUI when having a .122 BAC and being under age? Also, does the judge see both the BAC that was taking just before they arrested me on the scene and the one that was taken at the station which is on my ticket? My BAC was a .149 on the scene but I have yet to see that on any of my paperwork. That BAC might be on my police report but I do not have a copy of that. And lastly, do I have to tell the judge how much I drank? Is he/she even going to ask me how much I drank?

-Thank you

[BigMistakeFl]

Cannot say if you will get jail time or not.

As for whether you have to tell the judge how much you drank; he or she should really have no need to ask..... your BAC already determined how much you had to drink. Check online BAC calculators and see for yourself.

The test results which should hit the judge are those taken "at the station".

[CdwJava]

The breath test in the field is simply one of the FSTs and the actual reading cannot be used against you. If the officer wrote that in his report, or testifies about it at trial, then the judge or the jury might hear about it. However, I suspect your attorney would object to any mention of the field breath test being used unless it somehow benefits his defense strategy.

Since you are pretty much toasted on the station breath test (the official one), the state doesn't need to mention the results of the first one.

From this website:

First California DUI Offense:

California Criminal Status: Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

Jail: 48 hours, but not more than 6 months.

California DUI Fines/Costs: $390-$1,000 plus penalty assessments.

California License Suspension: 4 months suspension; restored after 30 days upon showing of hardship. 1 year suspension if under 21.

Ignition Interlock Device: Court may order use of interlock device.

Vehicle Impound: Court may order impoundment.

California DUI School: Mandatory alcohol education if under 21. Possible first offender school for 3-6 months, depending on BAC level.

California Probation: 3 years informal – no probation officer.

Community Service: In some courts, you may work off some of your fees/costs by doing community service.

- Carl

[lenny71]

Get a lawyer asap, such a high bac is seriou business for a minor. The bac at the scene does not mean much. Yes, the judge can ask questions. I doubt you will get jail time, but kiss your license good bye.

Never talk to the police -ever, never do any fst unless stone sober....