Dui Ca .15

[thanks 4help]

What is the name of your state? California

I was recently stopped for a DUI. There was no accident and I did a hollywood stop. My BAC came back at .15. In the jail when I blew for the breath test it was .12 something and that was about an hour after the blood test. This was an unofficial test to determine when I could be released from jail. I have had an excellent driving record and this is my first dui. I got stopped in Monterey county and I live in another county. My court date is not until October and I hear the judge is very strict.

Will this BAC mean that I will need to take a longer dui school (6 months?). Will the judge try and restrict my license even longer than the standard 6 months? The DMV hearing is this month, but the court hearing is more than a month away.

[BigMistakeFl]

"Hollywood stop"? I'm new to the area, so you'll have to enlighten me.

Your BAC indicates your content was on the decline, which means it was likely higher while you were driving. Was this the only test of your BAC administered?

If the only BAC evidence is 0.15, this is less than twice the "legal limit".

[thanks 4help]

A hollywood stop is basically slowing down and rolling through a stop.

Actually, as I understand it, I probably should have taken the breathalyzer right off the bat as it should have been lower rather than higher - the longer you wait, it usually goes up within a hour.

[thanks 4help]

As test was administered but not recorded when I was in jail to determine when to let me out. The breath test was much lower and that was within an hour of the blood test - it register .1275. I don't know if they would allow this in court as this is quite a bit lower.

[CdwJava]

The test at the jail is not an official reading, and it was likely done on a PBT (a handheld device) where the information is not recorded.

The required test was the blood test you took. Oh, and you would not have had the option to take a test earlier or later, you get tested when the officer is ready for you to get tested. As long as the mandated test is within 2 hours of the stop, it is generally considered a valid reading for the time driving was observed.

- Carl

[BigMistakeFl]

the longer you wait, it usually goes up within a hour.

Negative:
That depends upon when you stopped drinking in relationship to when you drove. In your case, the results of the two tests reflect that your BAC was in fact on the decline, meaning your content was higher at the time you were driving. That's how it may be presented by the prosecution.