DUI scenario/advice [CALIFORNIA]

[SuperChicken]

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

Early morning, my friend (over 18, under 21) was evidently driving under a slight alcoholic influence. Be it that anything over the 0.01 BAC is automatically illegal, she took the breath test and had a 0.04 level. She was signed a notice of immediate license suspension, and was not arrested. Another person was in the vehicle and was allowed to drive the car. Needless to say s/he was also drinking previous to the situation, but s/he was not tested or questioned in any way.

What exactly can my friend do in this situation? Was everything legal?

 

[FlyingRon]

Why is it that the police where called to her attention? Nothing in what you have said is improper on the police's part. There's not many details here

 

[SuperChicken]

Why is it that the police where called to her attention? Nothing in what you have said is improper on the police's part. There's not many details here

I apologize for the lack of info. Reckless driving and speeding caught the officers attention. As far as I know this is what happened in order:
1) friend gets pulled over
2) officer asks for license/reg and asks if the lot had been drinking
3) friend says yes
4) officer administers breathalyzer test, friend unknowing of her right to refuse
5) officer gets .04% reading, signs notice of suspension/temp license
6) friend of friend, also already designated as intoxicated, drives home with officer's knowledge

Anything here that can be used as defense?

 

[ERAUPIKE]

I apologize for the lack of info. Reckless driving and speeding caught the officers attention. As far as I know this is what happened in order:
1) friend gets pulled over
2) officer asks for license/reg and asks if the lot had been drinking
3) friend says yes
4) officer administers breathalyzer test, friend unknowing of her right to refuse
5) officer gets .04% reading, signs notice of suspension/temp license
6) friend of friend, also already designated as intoxicated, drives home with officer's knowledge

Anything here that can be used as defense?

Officers are not required to advise anyone of their legal rights.

 

[CdwJava]

Your friend can hire an attorney, but is pretty much sunk on a "zero defense" charge for CVC 23136 (driving under 21 with a BAC equal to or greater than .01).

- Carl

 

[FlyingRon]

There isn't any right to refuse. The license is your consent to the test. You refuse the test, there are other penalties. Now whether the other penalties are a better alternative to failing the pbt, is another issue.

 

[Alex23]

Are you trying to get your other friend in trouble, too?