first DUI LA, Califonia

[smoz333]

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

I was pulled over for tinted windows. The office asked if I had been drinking. i said yes, 2 beers over 4 hours. I passed the field sobriety test, took the first breathalyzer test. The officer then asked me to do it again in 2 minutes after. the 2nd time he said that I wasnt breathing hard enough. after 3 tries i was arrested. I asked what my results were from the first test and he told told me he didn't have to tell me. at the station i took the blood test. on my release i asked what my reesults were. No one told me. what should i expect on my court date? This is my first time for anything like this.

[CdwJava]

I strongly suspect you did not "pass" the field sobriety tests. Had you "passed" the tests, then the officer may not have had probable cause to make the arrest (failing to complete a blow in a field PBT device is NOT grounds for an arrest). However, if you are under 21 or are on probation, or have a prior DUI conviction, some different rules apply.

Your first court date should be your arraignment. At that time the charges will be read to you and you will be asked about a plea. If you have no legal counsel, and you meet the financial requirements to be assigned legal counsel by the state, an attorney will be appointed to represent you.

After making your plea, a future conference or hearing date will be assigned for whatever step your attorney deems necessary.

- Carl

[smoz333]

do i need a lawyer for my initial court date? When do i get to know the result of my test? This was my first dui and i am not under 21.

[CdwJava]

Originally Posted by smoz333

do i need a lawyer for my initial court date? When do i get to know the result of my test? This was my first dui and i am not under 21.

It is always a good idea to have a lawyer by the arraignment. if you are indigent, have no income and no assets, that should be when the court will assign you an attorney.

Your attorney can obtain all the information from the DA through discovery after your arraignment. If you get him on board now, he might be able to get it before the arraignment.

Depending on who does the testing in your area, the results might be a month or more coming. When they come in, the DA should make a copy available to your attorney.

If the blood test comes back under .08 there is the very real possibility they will test it for drugs.

- Carl

[smoz333]

First off, thank you so much. You have been more than helpful. Can you tell me any more about the arraignment process? (as in what to expect) Also what difference would there be if I enter a plea of guilty or not guilty? And how much can a lawyer really do for me if the blood test comes back higher than .08, at that point aren't I "screwed" either way. (and im not worried about testing for drugs.)

[CdwJava]

Originally Posted by smoz333

First off, thank you so much. You have been more than helpful. Can you tell me any more about the arraignment process? (as in what to expect)

I cannot speak to the specific details in your local court. But, the arraignment is concerned with pleas, assigning counsel if necessary, and possibly even hearing issues concerning bail. If you plead "not guilty" another hearing will be scheduled.

Also what difference would there be if I enter a plea of guilty or not guilty?

"Not guilty" will give you time to find that attorney and to discuss your options. "Guilty" pretty much starts you on a path for sentencing on the charges as given.

And how much can a lawyer really do for me if the blood test comes back higher than .08, at that point aren't I "screwed" either way. (and im not worried about testing for drugs.)

The weakest part of a DUI case is the reasonable suspicion for the stop, and the development of probable cause. if the attorney can manage to show that the stop was not good or that the officer lacked probable cause to make the arrest, then the chemical test becomes a non-issue. But, it could cost between $2,500 and $5,000 to go to trial. On the other hand for a few dollars less, an attorney can likely negotiate a plea to a wet reckless if appropriate.

Most DUIs result in plea deals. An attorney cannot say what he will or will not do until he has a chance to review all the police reports to determine if there is some weaknesses. So, it might cost you a few dollars just to get that opinion

- Carl

[FlyingRon]

Did you also get a ticket for the tint?

[smoz333]

Nope, I didn't get a ticket for my tint nor was my license taken away nor did I recieve a pink slip from the officer or anything from the DMV. When I called the DMV to schedule the administrative hearing they were surpirised that I didn't get a pink slip and that I still had my lisence. They told me they couldn't scheduel the hearing beacuse of that.

[CdwJava]

Originally Posted by smoz333

Nope, I didn't get a ticket for my tint nor was my license taken away nor did I recieve a pink slip from the officer or anything from the DMV. When I called the DMV to schedule the administrative hearing they were surpirised that I didn't get a pink slip and that I still had my lisence. They told me they couldn't scheduel the hearing beacuse of that.

Then you wil have to wait and see what happens. If the DA files for CVC 23152(b) you know the results came back at or above .08 ... if he files for 23152(a) alone, then it came3 back at below .08 and he still wants to go to trial. If he does not file, then he does not feel he has a good case to bring to trial and you got lucky.

- Carl

[MikeKV]

smoz333 - 2 beers over 4hrs and it seems in one of your posts that you're concerned about blowing +.08? ummm? Is there more to this story....????