got a DUI or DWI ??? Need help fast (California)

What is the name of your state? California
and Im 20.
here is the story:

I was pulled over for speeding, going 8-10 miles over the speed limit. We were driving back from a friend’s house; I had 2-3 beers about 3 hours before that and I was feeling fine, not even buzzed or anything. But my friend that I was giving a ride to was drunk. The cops pull us over and ask me for my driver licence and registration and then ask me to get out. He asks me if I has drank that night and I told him yes 2-3 beers couple of hours ago. He also said that I have been smoking weed which was not true. I denied smoking weed. He did some test and I passed them. And then he asked me to do the breathalyzer test and It gave a .02 reading. He told me that he is supposed to arrest me but he won’t and asked me to call my family/friends to take my car and give us a ride. So I did. I got a speeding ticket and a pink paper that is my license for 30 days and after that it is suspended for a year.

I need to know what to do?? I go to school full time and work full time and can not afford not to drive specially in California. Please tell me what I can do asap.

[JETX]

Originally Posted by parsa33

I need to know what to do?? I go to school full time and work full time and can not afford not to drive specially in California. Please tell me what I can do asap.

Why is it that you criminals (and that is what you are), don't you ever think about the repercussions of your conduct (and the costs and inconvenience associated to getting caught) BEFORE you decide to break the law???

Simply, at this point, you are guilty as hell (underage drinking AND driving). Be mature and learn to accept the consequences of your conduct. Learning accountability will be a good 'life lesson' for you.
Buy a bus pass.

The officer even gave you a HUGE break in not towing your car (lots of money there) and not tossing your ass into jail.

[CdwJava]

I was pulled over for speeding, going 8-10 miles over the speed limit.

Good probable cause for the stop.

We were driving back from a friend’s house; I had 2-3 beers about 3 hours before that and I was feeling fine, not even buzzed or anything.

The #1 most common answer to the question, "How much have you had to drink tonight?" is "Two". This would still leave you with alcohol in your system - perhaps as high as .03 BAC (possible DUI, but not likely).

But my friend that I was giving a ride to was drunk. The cops pull us over and ask me for my driver licence and registration and then ask me to get out. He asks me if I has drank that night and I told him yes 2-3 beers couple of hours ago.

Not good since you are under 21 and not supposed to be drinking.

He also said that I have been smoking weed which was not true. I denied smoking weed. He did some test and I passed them. And then he asked me to do the breathalyzer test and It gave a .02 reading. He told me that he is supposed to arrest me but he won’t and asked me to call my family/friends to take my car and give us a ride.

He probably bluffed - unless he thought you were high on weed. A minor (under 21) with a BAC of .01 or better is subject to an Administrative penalty by the DMV and not a criminal violation. However, he COULD have towed your car.

So I did. I got a speeding ticket and a pink paper that is my license for 30 days and after that it is suspended for a year.

Not necessarily. Read it again. It should say that you have 10 days to schedule a hearing with the DMV OR they will suspend it for a year.


- Carl

Yes it says I have 10 days. But I dont get it what is it tho a DUI?? is it a felony??

And What should I take with me or do when I go to court?

[CdwJava]

You were probably cited per CVC 23136:

23136. (a) Notwithstanding Sections 23152 and 23153, it is unlawful
for a person under the age of 21 years who has a blood-alcohol
concentration of 0.01 percent or greater, as measured by a
preliminary alcohol screening test or other chemical test, to drive a
vehicle. However, this section shall not be a bar to prosecution
under Section 23152 or 23153 or any other provision of law.
(b) A person shall be found to be in violation of subdivision (a)
if the person was, at the time of driving, under the age of 21 years,
and the trier of fact finds that the person had consumed an
alcoholic beverage and was driving a vehicle with a blood-alcohol
concentration of 0.01 percent or greater, as measured by a
preliminary alcohol screening test or other chemical test.
(c) (1) Any person under the age of 21 years who drives a motor
vehicle is deemed to have given his or her consent to a preliminary
alcohol screening test or other chemical test for the purpose of
determining the presence of alcohol in the person, if lawfully
detained for an alleged violation of subdivision (a).
(2) The testing shall be incidental to a lawful detention and
administered at the direction of a peace officer having reasonable
cause to believe the person was driving a motor vehicle in violation
of subdivision (a).
(3) The person shall be told that his or her failure to submit to,
or the failure to complete, a preliminary alcohol screening test or
other chemical test as requested will result in the suspension or
revocation of the person's privilege to operate a motor vehicle for a
period of one year to three years, as provided in Section 13353.1.

This offense provides for a license suspension for not less than one year, I believe. It is NOT criminal in nature unless there were other offenses involved.

You need to call the DMV first thing in the morning and arrange an appointment. A phone number to call should be on the sheet you were provided.

- Carl

Thanks Carl,
Oh and also after everything the cops let me park my car in a gas station a block away.
The cops obviously thought I was okay to drive. Can I use this against my case?

[CdwJava]

Originally Posted by parsa33

Thanks Carl,
Oh and also after everything the cops let me park my car in a gas station a block away.
The cops obviously thought I was okay to drive. Can I use this against my case?

No. Your sobriety is NOT an issue in this case. The only thing that matters is that your BAC was at or above a .01 BAC. CVC 23136 provides only for an Administrative punishment from the DMV, I believe. Thus, no courts. Only a DMV hearing IF you schedule one. Otherwise it's an automatic suspension for no less than one year.

- Carl