DUI blew .08 and then a .07

[AgentSmithers]

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

Alright I got a close friend of mine a co-worker got released for a friends 21 Birthday and was pulled over on the side of the road due to the birthday kid throwing up probably being at at least a .16 and not driving but my friend was sober or so he thought. A cop pulled up next to him and asked if everything was OK, The driver replayed yea he just had too much to drink, the officer then forced my friend into a breathalyzer, He blew a .08, The officer then took him to the county jail for about 6 hours and had him blow twice again, he blew a .08 then a .07

Well of course its always a good idea to get an attorney involved but ive been a jury on a DUI case before and from what i know you have to blow into it twice to be admissible. any thoughts? Is he safe? Is their a high risk of Reckless Driving?

Can a officer take you in if you blow a .07 twice or less, and is it up to his discretion?

[CdwJava]

There are two sections for DUI: CVC 23152(a) and 23152(b). The (a) subsection involves driving while impaired, and the (b) subsection involves driving with a BAC of .08 or higher. The roadside blow is generally not admissible for a specific BAC. However, the station blow generally IS admissible. When you are required to blow, you must complete two blows. if the blows are within .02 of each other, they are accepted.

In your friend's case, chances are he can plead to a "wet reckless" per CVC 23103.5 if he chooses, or he can fight the case and hope that they have nothing but the blows to judge his impairment on. It will be his call, and will also depend on how much he intends to spend on his defense.

- Carl

[AgentSmithers]

I know, But even reckless driving, does it help at all that he was already pulled over aiding his friend with his hazard lights on, I mean if the cop never witnessed him driving at all in the first place... Or is that irreverent?

[CdwJava]

Originally Posted by AgentSmithers

I know, But even reckless driving, does it help at all that he was already pulled over aiding his friend with his hazard lights on, I mean if the cop never witnessed him driving at all in the first place... Or is that irreverent?

If he was pulled over at the curb, in the driver's seat, with the engine running, this would be sufficient.

There are also some exceptions to the requirement for observed driving.

An attorney who can access the report can make the best call as to how to proceed.

- Carl