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TX License - CA DUI

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lsutiger

Junior Member
What is the name of your state? CA, TX

I was driving in CA, with a Texas driving license and was pulled over by a cop. After the initial questioning, I was asked to do the Field Sobriety Test and then had to take the breath analyzer test. The BAC on breathlyzer came up to 0.09% and then I was hand-cuffed and taken away for a blood test.

After taking the blood sample, I was taken to the local jail where I was photographed, finger printed and then put behind bars (since the cops said I have an out-of-state license I had to be bailed out) So ended up spending 6+ hours in the jail and after which was released on a bail for $2,500. Now, I was charged with 23152(a) - BAC < 0.08%. Also, I was given the suspension order and the temporary drivers license (the pink document) with a 10 day window to request an administrative hearing. I also have a court date set coming up in about 3 weeks.

Can somebody please help me out with my dilemma(s):

1) Should I go with an attorney?
2) What kind of implications would it have on my driving rights in Texas and California?
3) Should I request for an administrative hearing to maintain my license in either or both states?
4) What kind of penalties am I looking at?
5) Anything else that I should be looking at?

I've read through the posts but any information that you could provide to my query would be greatly appreciated..

Thanks a bunch...
 


FlyingRon

Senior Member
1) Should I go with an attorney?
Yes.
2) What kind of implications would it have on my driving rights in Texas and California?
You'll be suspended in California and when Texas finds out likely you will be suspended there.
3) Should I request for an administrative hearing to maintain my license in either or both states?
If you don't attend the hearing in CA, you will be suspended in ten days.
See #2.
4) What kind of penalties am I looking at?
A few days in jail, community service, four months suspension of license, three years probation, $5000+ in fines and fees, and increased insurance rates.
 

lsutiger

Junior Member
FlyingRon,

Thanks for your reply and per your suggestion, I will hire an attorney to represent me. But I was confused by your response for requesting an administrative hearing since I was under the impression that because my license is from TX, hearing at the CA DMV wasn't required? Is that true or do i still need one?

Also, all the penalties you mentioned would those all be imposed even though I was charged under 23152(a) ?

Thanks!
 

sjmjuly

Member
You were arrested in CA with a TX drivers license for DUI. The state of CA does not have the authority to take your TX license, but will suspend your driving privledges in CA. There are two things that occur when you are arrested for DUI: 1) An administrative process and 2) a court process. They are separate from each other.
The first thing is the adminstrative action. The CA DMV takes action against your driving privledges in CA - This is what the Admin hearing in CA is all about. Now, depending on how CA handles adminstrative suspensions will determine if CA notifies TX of the admin suspension. They may or may not inform TX. But, if you are CONVICTED of the offense, the court will notify the CA DMV of the action, CA DMV will notify the state of TX, and the state of TX can take action against your drivers license. So in reality, your driving privledge in CA can be suspended and then after the conviction, your license can be suspended in TX.
 

lsutiger

Junior Member
Thanks for your replies ! Per both your suggestions, I have hired an attorney to represent me and request for an administrative hearing. Lets see how it all turns out ...keeping my fingers crossed and thanks once again for your advice..
 

garrula lingua

Senior Member
If you wish, your atty can make appearances for you (977a).

Your plea can be entered via notarized (Tahl) waivers.

With a BAC of .09, you may be able to get a wet & reckless, which doesn't require the 3 month alcohol program (you'll have to check with CA DMV as to what alc prog is required).

You were right in hiring an atty. Ask your atty if you can get a wet & reckless (VC23103 per 23103.5). You'll still have the high fine and probation, but only DMV & LE know it's a DUI - it shows on your record as reckless driving.

What county were you in that required bail ?
 

Nathan S.

Junior Member
same thing happened to me

I had a similar situation, being arrested for DWI in TX with a Pennsylvania drivers license. I also had to be bonded out, and though TX suspended my driving priveleges, the judge didn't report it to PA so I didn't lose my license in the rest of the country. When I bonded out I immediatly hired a local attorney that was referred to me by the bail bondsman. Unfortunately, there was no possible way to dispute my guilt. I had to return to TX and was sentenced to 5 days jail time and a $1200 fine. I also did not pay my re-instatement fee in TX, so I still can't drive there. Some states do not network, and from my experience, it was at the discretion of the judge to notify my home state. You'll most likely have to do 3-5 days in county jail because you won't be eligible for probation.
 

lsutiger

Junior Member
Thanks everybody for their responses. Really appreciate the information that I've been getting out of it. The county that I needed to be bailed out of was Solano County. Does anybody have any information on if they handle DUI cases different from other counties?

Can anybody also throw some light on Nathan's post esp. with respect to the jail time and not being eligible for probation.?

Thanks in advance...
 
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sjmjuly

Member
Thanks everybody for their responses. Really appreciate the information that I've been getting out of it. The county that I needed to be bailed out of was Solano County. Does anybody have any information on if they handle DUI cases different from other counties?

Can anybody also throw some light on Nathan's post esp. with respect to the jail time and not being eligible for probation.?

Thanks in advance...
The best advice to give is get an attorney that knows the DUI laws where you were arrested. Each state is different and the laws vary so much it can be extremely difficult to say what your up against. I was arrested in Maryland and just went to court. I was very lucky and didn't get any jail time (first offense) But in the neighboring state of Virginia, first offenses carry a 5 day minimum jail stay in most cases. Talk to your lawyer.
 

lsutiger

Junior Member
Hello All,

Firstly, thanks for all your advice all these days. I had my court date this morning and my attorney showed up at the courts and there the DA offered a "Wet Reckless" deal since my breath tests was 0.081 and my Blood tests came back at 0.09. I am inclined to take the deal and get this done with...but before that I have a few questions...

My question is should I accept the deal or let it to go to the trial, what are the chances?
What does a "Wet reckless" show up on my Criminal Record as?

My DMV administrative hearing is in a couple of weeks, and my attorney suggested hiring an expert to testify that since my BAC seems to be rising as seen from my chemical test..and that my BAC levels at the time of driving could possibly be lower...

What do you guys think?? Any suggestions, comments are greatly appreciated.

Thanks!
 
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BigMistakeFl

Senior Member
BigMistakeFl

It's a real roll of the dice. No one can predict the outcome of a jury trial. I get the argument that your BAC was on the rise, lending to the theory that your BAC may have been under the "legal limit" at the time you were operating the vehicle. I would probably take the wet deal, but that's just me. Ask your lawyer what additional fees would be charged too, for going to trial, and what the "expert" would cost.
 

lsutiger

Junior Member
Ok.. So the expert is a "Forensic Toxicology Specialist"...Can anybody please suggest/comment on my situation...

Thanks...
 

BigMistakeFl

Senior Member
BigMistakeFl

Perhaps someone with more expertise in your area will come on and comment, but as I said..... if it were me, I'd take the deal. Only you can choose whether or not to take this fight to a jury trial. I would also ask the lawyer what his or her additional fees and costs will be to go that distance.

I have heard that IF you go to trial and do not prevail, penalties can be more harsh.
 

lsutiger

Junior Member
I have my DMV hearing coming up next week, and I had gotten my blood sample re-tested the B.A.C. level came back at 0.07 from the original test results of 0.09. Is that margin of error common or expected between 2 lab results? What are the chances of the lower B.A.C turning the DMV hearing in my favor?

Thanks for all your help...
 

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