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  1. #1
    dui_dude is offline Member
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    DUI Arrest .... BAC -> 0.07

    What is the name of your state? CaLIFORNIA

    I was driving and following the GPS directions and on a left turn accidentally went to the wrong lane and unfortunately landed in front of the cops ... ofcourse i stopped and they decided to do all the tests etc .... i was arrested and taken to the station and i blew 0.07 as BAC and was later booked in county jail for 5 hrs as I did not have anyone to pick me up.

    The DA has not filed the charges yet as he has not received a report from the PD . Is there a way/possibility that I could possibly request/plead the DA to not file charges ? Like asking them if they could give me a traffic violation charge and maybe I could pay to charity or something ?

    please advise as I don't wanna end up paying to a defense attorney ?? what chances do I have ?

    State: California, SantaClara County
    Also my driving license is out of state, so the Officer did not suspend my Out of State License. But he did give me a Temporary California License notifying CA DMV.
  2. #2
    FlyingRon is offline Senior Member
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    You need to pay a defense attorney.

    You (or your lawyer) must deal with two issues: the court (if charged) and the CA DMV. Unless you request and make compelling arguments at the California DMV hearing your CA driving privs will be suspended. Eventually your own state will find out about this and you'll be in hot water there.

    While you weren't over the per se limit, you were darn close and the testimony of the officer's other field sobriety tests will be enough to convict you if you don't mount a defense.
  3. #3
    CdwJava is offline Senior Member
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    Quote Originally Posted by dui_dude
    The DA has not filed the charges yet as he has not received a report from the PD . Is there a way/possibility that I could possibly request/plead the DA to not file charges ? Like asking them if they could give me a traffic violation charge and maybe I could pay to charity or something ?
    You can ASK anything ... he doesn't have to listen. The best way to do that is to make the request through an attorney. However, it may well be they won't file at all - depending on the officer's report.

    Also my driving license is out of state, so the Officer did not suspend my Out of State License. But he did give me a Temporary California License notifying CA DMV.
    That's because he can NOT "suspend" your out of state license. In fact, he cannot "suspend" even a CA driver's license.

    If he gave you the Admin Per Se (a DS 367 document) then he suspected you were .08 or higher. If you opted for a formal breath test as your official test, and it came back under .08, then he should not have provided you this document. If he did, call the DMV within 10 days of the stop and make an appointment for a hearing ... if the results are under .08 any action should be discontinued.

    If you are under 21, then the DS 367 you received was likely valid and you need to follow the instructions on the document.

    Remember, even if your out of state license remains valid, your freedom to drive in CA CAN be suspended. And if you were issued a DS 367, that suspension should occur automatically after 30 days.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  4. #4
    dui_dude is offline Member
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    Quote Originally Posted by CdwJava View Post
    You can ASK anything ... he doesn't have to listen. The best way to do that is to make the request through an attorney. However, it may well be they won't file at all - depending on the officer's report.
    OK, Is it a good idea to contact the PD as well and ask them not to file charges to the DA ? How much wold an attorney charge based on my case ?

    Quote Originally Posted by CdwJava View Post
    If he gave you the Admin Per Se (a DS 367 document) then he suspected you were .08 or higher. If you opted for a formal breath test as your official test, and it came back under .08, then he should not have provided you this document. If he did, call the DMV within 10 days of the stop and make an appointment for a hearing ... if the results are under .08 any action should be discontinued.

    If you are under 21, then the DS 367 you received was likely valid and you need to follow the instructions on the document.

    Remember, even if your out of state license remains valid, your freedom to drive in CA CAN be suspended. And if you were issued a DS 367, that suspension should occur automatically after 30 days.
    I was 23 at the time of the arrest. I just turned 24. Anyways, so he gave me a yellow paper which he said acts like a CA License, but wouldn't make much sense for me as I have an AZ License but he asked me to contact DMV.
  5. #5
    CdwJava is offline Senior Member
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    Quote Originally Posted by dui_dude
    OK, Is it a good idea to contact the PD as well and ask them not to file charges to the DA ? How much wold an attorney charge based on my case ?
    The public defender could not get involved until assigned - and that would be after the arraignment.

    A private attorney might cost you as little as $1,500 and as much as $5,000 if you go to trial. You'd really have to call around and consult a few.

    I was 23 at the time of the arrest. I just turned 24. Anyways, so he gave me a yellow paper which he said acts like a CA License, but wouldn't make much sense for me as I have an AZ License but he asked me to contact DMV.
    It's POSSIBLE that your privelege to drive in CA has been suspended since you had no hearing. However, the DMV may have caught the error if your mandated chemical test was under .07. But, it's possible they didn't.

    Did you take a breath test at the jail? Or did you opt for blood?

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  6. #6
    dui_dude is offline Member
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    Quote Originally Posted by CdwJava View Post
    The public defender could not get involved until assigned - and that would be after the arraignment.
    I called up the DA's office. They just got the case and is still under review. I asked the clerk[whopever picked the phone] that I need an urgent hearing date as I need to leave the country and visit my home country to get a new Visa to re-enter. She said, she will try to place my report on top of the stack. Also I asked if there was a way the DA could drop the charges against me. She said that its possible that the DA's may not even press charges against you.

    Quote Originally Posted by CdwJava View Post
    It's POSSIBLE that your privelege to drive in CA has been suspended since you had no hearing. However, the DMV may have caught the error if your mandated chemical test was under .07. But, it's possible they didn't.
    The yellow paper said to contact the DMV in 10 days. I definitely do not hold a CA license. SO my question is when I call CA DMV, should I ask them for a hearing date or should I say I was below 0.08 and ..... ???

    Quote Originally Posted by CdwJava View Post
    Did you take a breath test at the jail? Or did you opt for blood?
    Yes, I took some tests in the street. Then he cuffed and took me to the station and did another breath test on some machine which said I was 0.07. He seemed upset that it came 0.07 .... anyways I was being nice to the officer. In the street I did mention that I had 2 long Island and I started around 11 was done by 12. I was arrested around 240-245 ish.
  7. #7
    CdwJava is offline Senior Member
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    Quote Originally Posted by dui_dude
    The yellow paper said to contact the DMV in 10 days. I definitely do not hold a CA license. SO my question is when I call CA DMV, should I ask them for a hearing date or should I say I was below 0.08 and ..... ???
    A little too late now unless you're under the 10 days. But, you can call and ask.

    The fact you do not have a CA license does NOT mean you can keep driving in CA if they suspend your privelege here.

    Yes, I took some tests in the street. Then he cuffed and took me to the station and did another breath test on some machine which said I was 0.07. He seemed upset that it came 0.07 .... anyways I was being nice to the officer. In the street I did mention that I had 2 long Island and I started around 11 was done by 12. I was arrested around 240-245 ish.
    Well, that would be consistent with .07 or less. In that case, you should not have gotten the 367 form ... but, that doesn't mean it was not issued accidentally and might be acted on.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  8. #8
    dui_dude is offline Member
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    Quote Originally Posted by CdwJava View Post
    A little too late now unless you're under the 10 days. But, you can call and ask.

    The fact you do not have a CA license does NOT mean you can keep driving in CA if they suspend your privelege here.
    I was arrested on the morning of 5th. So I do have time and I will do that. Can it be done over the phone ?

    Quote Originally Posted by CdwJava View Post
    Well, that would be consistent with .07 or less. In that case, you should not have gotten the 367 form ... but, that doesn't mean it was not issued accidentally and might be acted on.
    OK sure. Also I spent 5 hrs in the County Jail after the arrest.

    Now with the facts
    1.) I entered the wrong side of the road [my GPS got me confused. I am new to the area]
    2.) I blew a 0.07 breath
    3.) I said I had 2 long Islands at so and so time.
    4.) I already spent 5 hrs in jail.
    5.) First time DUI arrest & 100% Clean driving record.

    On your personal experience, whats the probability of the DA filing charges against me ? and if they do, also what level of charges/punishment will they be looking for ? Whats the minimum I can bargain/defend for ? Too be honest I definitely don't want a criminal record as it will create problems for my Immigration Interviews in the US consulate in my home country. I am ok with traffic violation classes fines etc
  9. #9
    CdwJava is offline Senior Member
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    Quote Originally Posted by dui_dude
    I was arrested on the morning of 5th. So I do have time and I will do that. Can it be done over the phone ?
    The appointment can be made over the phone, and very often the hearing can be done that way as well. You can probably appear at your local DMV office if you are still in CA. Give them a call as it says on the back.

    On your personal experience, whats the probability of the DA filing charges against me ?
    Hard to say. In my county, the DA rarely files DUI cases when the chemical test is under .08 unless the driver was also a sloppy, stumbling drunk or druggie. If your FSTs were marginal, they might be less inclined to file.

    But, this may change by county.

    Whats the minimum I can bargain/defend for ?
    Probably wet reckless (CVC 23103.5). You are likely looking at a license suspension (with the possibility of a restricted license for work and school), probation, counseling, and a fine if convicted of DUI.


    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  10. #10
    dui_dude is offline Member
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    Quote Originally Posted by CdwJava View Post

    Hard to say. In my county, the DA rarely files DUI cases when the chemical test is under .08 unless the driver was also a sloppy, stumbling drunk or druggie. If your FSTs were marginal, they might be less inclined to file.

    But, this may change by county.
    Mines is by Palto Alto PD in PA Superior Court ??? Any idea

    Quote Originally Posted by CdwJava View Post
    Probably wet reckless (CVC 23103.5). You are likely looking at a license suspension (with the possibility of a restricted license for work and school), probation, counseling, and a fine if convicted of DUI.
    You mean if convicted of section(a) .... and I can do a plea bargain to a traffic crime ? Is wet reckless also a criminal crime ??
  11. #11
    CdwJava is offline Senior Member
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    Santa Clara County will probably file ... they will probably also settle for the wet reckless (23103.5). Yes, it's a crime - a misdemeanor, but the penalties are lesser.

    Consult local counsel as soon as possible.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  12. #12
    dui_dude is offline Member
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    Quote Originally Posted by CdwJava View Post
    Santa Clara County will probably file ... they will probably also settle for the wet reckless (23103.5). Yes, it's a crime - a misdemeanor, but the penalties are lesser.
    How about a dry reckless ? or Traffic Infraction

    Quote Originally Posted by CdwJava View Post

    Consult local counsel as soon as possible.
    Can I not plea without a counsel ? Will the Counsel even be able to scrap the complete charges ? I will do some homework about calling counsels this weekend ?

    Is there a way I can get the actual report that was filed by the PD, so I have their side of the story ? If so how much is the price/procedure ?
  13. #13
    SillyPuddy is offline Member
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    DUI DUDE

    You had alcohol in your system and were driving down the wrong side of the road. That's all they care about. While you may be telling the truth about the GPS confusion, I would think that it would be unusual for them to consider that. IF you get out of this with a down plea you're very lucky.

    The state DUI factory needs to be fed, and it finds citizens like you with good jobs (i.e have disposable income ) to be very tastey.
  14. #14
    CdwJava is offline Senior Member
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    It is very unlikely that they will drop a DUI to a traffic infraction for driving on the wrong side of the road.

    It is best NOT to attempt to plea on your own, and it is doubtful the DA will speak to you without an attorney anyway.

    As for the police report, call and ask the agency. However, know that CA law (Governmnet Code 6254(f) to be exact) permits agencies to withhold these reports from individuals. But, some agencies will allow the report's release - you can ask, and at worst, they say, "No."

    However, they may not file any charges at all. Only time will tell.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  15. #15
    dui_dude is offline Member
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    Quote Originally Posted by CdwJava View Post
    It is very unlikely that they will drop a DUI to a traffic infraction for driving on the wrong side of the road.
    Yeah, I am just praying and hoping for the best. I even told the officer that I got confused about the street and that there was a sign on my "right" saying 25 mph. Well he cut me short saying he doesnt care about driving on the wrong side and will put a SUI report and continued with the street tests. Too be honest, I'm new to that area, hence I was using GPS to get me home. Also, the street I was driving wrong way was partioned by a wall/barricade divinding the two sides of the street, so there is no way that once you enter the wrong side to easily move to the correct lane. The 25 mph was on the middle, hence to my right and it was like 2:30am.

    This should be enough ammunition for a defense attorney to fight my case ?? Any thoughts ?

    It is best NOT to attempt to plea on your own, and it is doubtful the DA will speak to you without an attorney anyway.
    Sure. Just want to clarify, is it illegal to contact the DA and like a bad thing as well ?

    As for the police report, call and ask the agency. However, know that CA law (Governmnet Code 6254(f) to be exact) permits agencies to withhold these reports from individuals. But, some agencies will allow the report's release - you can ask, and at worst, they say, "No."

    However, they may not file any charges at all. Only time will tell.
    Sure. I hope they don't, cause I hardly ever drink. Just got unlucky, now a days I am just afraid to drive at all thinking the cop will pull me unnecessarily and see a hit on my DL and not treat me fairly.

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