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First time DUI in CA (.09 and .08)

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adviseseeker

Junior Member
What is the name of your state? CA

I got my first DUI in Ventura county, CA, with a breath test of .09 and .08. I was pulled over for speeding (85 miles/hour) about 1 hour after drinking. I did the sobriety test, and the officer said I failed it and ask me to do the breath test. I first refused, but I complied after he told me my lisence will suspended for 1 year if i refuse. The results were .09 and .08. However, in the police report, the sobriety test was much exaggerated and he said I refused the breath test. I was arrested that night, but was released after only 2 hours in jail.

Finished the DMV hearing. Our arguments were: 1) the breath test results were borderline; 2) my blood alcohol level is sill raising as I finished my drink in about 1 hour (have receipt to prove this and witness to testify); 3) the reliabilty of the the breathalizer is questionable as we found out the time had to be adjusted when they did the mainance 4 days later.

However, the DMV hearing officer ignored all these evidence and decided to suspend my license for 4 months. He was very subjective in the hearing, and did not accept any of the evidence nor the witness testnomy. Is there a chance to appeal the DMV decision?

I need to decide whether to fight in court very soon. What's my chance of winning my case in court? Is it worth fighting if i have to spend another $10000 to go to court?

Any advise is appreciated!
HL
 


Zigner

Senior Member, Non-Attorney
However, in the police report, the sobriety test was much exaggerated and he said I refused the breath test.
I'm sure that, while you are intoxicated, you have a perfect idea of how you did on the sobriety test. And, you DID refuse the test. You then changed your mind.

SJ's got this one nailed! ;)
 

sjmjuly

Member
I would say Zero to none. Alot of attorney's try and convince you that you have a fighting chance because they want your money.
The proof is in the pudding. You were speeding and blew over the limit. Anything .08 and above is considered legally intoxicated.
You could try and fight it, but personally I wouldn't waste the money. You could appeal the DMV hearing, but I don't think you will get anywhere.
It may end up costing you more money to fight it and end up convicted anyway.
 

BigMistakeFl

Senior Member
BigMistakeFl

The DMV hearing outcome is not surprising. These supervisory DMV clerks who hear them, frequently follow the arrest despite better evidence than you presented.

No one can predict accurately whether a jury (yes you have to think along those lines) would find you guilty or not. If you want to roll the dice, it's your wager. Personally, I agree with the above posts that the evidence against you is strong enough to prevail. But you have the right to defend yourself, and should if you truly believe that you are innocent. Your lawyer will be happy to carry this defense forward, and most likely charge additional fees if it goes to trial.

Who will the jury believe?
 

Caveman

Member
Do not spend the dough. I know a gal had one drink at Happy Hour, pulled over for totally bogus reason ( really I mean it) and blew.07 because she left early. Too early for drink to dissipate.

Got dry wreckless from court. DMV still did the doody/duty on the license even when the D.A. waived everything else.

Ca DMV needs to pave their roads, they want their money.

Your license is gone. The Ca DMV hearing officer is prosecuter and Judge, it is farce.

But those hollywood stars that are still sober can drive more safely now, I guess.
 

BigMistakeFl

Senior Member
BigMistakeFl

Your friend should have hired Johnny Cochran and fought the charge based on the machine being completely faulty. One drink, fast or slow, little time or a great deal of elapsed time, could not have rendered her BAC with a 0.07. In fact, the faster you are tested after having consumed the drink make your BAC lower as blood content is only starting and on the rise. Unless she burped up a big green Tanguerey fog into the machine, something was very wrong.
 

Caveman

Member
Zed is dead baby, Johnny could have done it. This guy milked her.

She had no money after having to pay for the lame classes the DMV makes them take.

By the way the catch=22 you have to sign up for the classes to get the restricted license that lets you go to the classes and work. ( that is all) for 6 months.

But if you do not, you can get your license back earlier.

It is weird, I am not sure how it works, she was a little ticked off when she was telling me and was spitting so I backed away.

She is sorry about the incident and does not drink anymore so she is no fun. I say drink if you are not an alcholic, but don't drink and drive ( or skateboard). Just don't take it out on me.
 

CdwJava

Senior Member
adviseseeker said:
Finished the DMV hearing. Our arguments were: 1) the breath test results were borderline;
Outside the scope of the DMV hearing. They are concerned with only three things:

(1) Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?

(2) Were you placed under lawful arrest?

(3) Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

Your test showed a .08 AND a .09.

2) my blood alcohol level is sill raising as I finished my drink in about 1 hour (have receipt to prove this and witness to testify);
This is an issue for court, and not one for the DMV hearing.

3) the reliabilty of the the breathalizer is questionable as we found out the time had to be adjusted when they did the mainance 4 days later.
Also an issue for court, not for the DMV hearing.

However, the DMV hearing officer ignored all these evidence and decided to suspend my license for 4 months. He was very subjective in the hearing, and did not accept any of the evidence nor the witness testnomy. Is there a chance to appeal the DMV decision?
The DMV officer is not required to look at the issues you raised. In fact, he is really not supposed to look at those issues and it could be argued that had he done so, he exceeded the scope of the hearing. You can ask for an appeal, but your license will be suspended in the meantime. The court case may very well have come and gone by the time you get an appeal, but you never know.

I need to decide whether to fight in court very soon. What's my chance of winning my case in court? Is it worth fighting if i have to spend another $10000 to go to court?
Only your attorney can tell you what your odds of prevailing are. None of us know the strength of your case, so we can't make that call.

- Carl
 

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