Questions about a possible DUI

[spaqkitty]

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

My husband was pulled over for speeding and given a sobriety test he was a .07

He was taken into a holding area - not the jail - and waited for 5 hours because that is the law before they release anyone they must wait a mandatory amount of time. They did not impound his car and allowed the passenger of his car to go home with the vehicle. They did not take his license at that time. He was not taken to the county jail but to a holding area where he sat on the couch for the required amount of time.

The infraction on his ticket was 23152(a)

Additional background,
He received a citation for 23152(b) on 8/8/98 and went to court and entered a guilty plea on 9/22/98. He completed the probation, alcohol counseling, and had his license suspended at that time. He has had a clean driving record ever since and does not have a criminal record

My questions - will this count as a 2nd offense in 10 years?
Will he be charged?
Should we get an attorney?

Any other suggestions or things we should know?

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

[irish77]

I know Cali is pretty strict with their DUI laws. I think you might want to seek counsel.

[url]http://www.dmv.ca.gov/pubs/vctop/d11/vc23152.htm[/url]

[irish77]

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

[CdwJava]

Yes, if his prior was in August of 1998, then this will be a second offense.

He needs to consult legal counsel.

- Carl

[Ozark_Sophist]

Originally Posted by irish77

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

OP says husband was cited for (a). Why are you discussing (d)?