DUI - BAC level 0.07

[CdwJava]

I agree ... I meant have you seen cases where it was so obvious the guy had alcohol but was not charged or given a traffic violation.

Yes I have. But while anything is possible, it does not mean it will happen in your case.

- Carl

 

[dui_dude]

Yes I have. But while anything is possible, it does not mean it will happen in your case.

- Carl

OK, sure ... that makes sense. So basically it does depend on how the attorney handles the defense.


Now, assuming the case goes to trial.
1) Have you seen BAC < 0.08 level cases going to trial in santa clara county or any county ?
2) For a criminal trial, all the jurors have to agree to the same conclusion for the conviction. Now, as I did say I had 2 drinks and I did have a BAC of 0.07 at the station. The jurors are normal civilians and I bet have ZERO tolerance. So, what exactly will they be agreeing on
a) He had alcohol while driving irrespective of BAC level & so He should be convicted of DUI
b) He made an error while taking the turn following his GPS directions, and was NOT impaired in spite of having alcohol.
c) He made an error while taking the turn following his GPS directions, because he had alcohol.

I mean ... (a) does hold for me and I agree. I am just confused how the jury/trial process may not convict me. If the "reason" to convict me is that I was driving and had alcohol, then ofcourse I see no defense at all.

 

[moburkes]

This is in response to your question on the other thread that you insist upon continuing:

CALIFORNIA CODES
VEHICLE CODE
SECTION 12800-12819




12800. Every application for an original or a renewal of a driver's
license shall contain all of the following information:
(a) The applicant's true full name, age, sex, mailing address,
residence address, and social security account number.
(b) A brief description of the applicant for the purpose of
identification.
(c) A legible print of the thumb or finger of the applicant.
(d) The type of motor vehicle or combination of vehicles the
applicant desires to operate.
(e) Whether the applicant has ever previously been licensed as a
driver and, if so, when and in what state or country and whether or
not the license has been suspended or revoked and, if so, the date of
and reason for the suspension or revocation. (f) Whether the applicant has ever previously been refused a
driver's license in this state and, if so, the date of and the reason
for the refusal.

 

[dui_dude]

(e) Whether the applicant has ever previously been licensed as a
driver and, if so, when and in what state or country and whether or
not the license has been suspended or revoked and, if so, the date of
and reason for the suspension or revocation. (f) Whether the applicant has ever previously been refused a
driver's license in this state and, if so, the date of and the reason
for the refusal.

Well the License I had was from Out of State and so was NOT suspended/revoked. However, I was given a PinkSheet and I called up DMV and requested for a hearing. The hearing was set aside because the BAC was 0.07. So, technically my "out of state" license was not suspended/revoked.

I want a CA license because my Out of State License EXPIRED and now I will be resident in CA.

Plz advise.

 

[dui_dude]

any comments regarding applying for a CA Drivers License ?

 

[dui_dude]

Another Question Apart from applying for a CA driver's license.

Need a comparison for my Insurance rates:-

Current Premium is $800/6mo [ with clean record. I am 24]

If I hire a lawyer for 7.5K[inclusive trial] and he manages me to
a) Wet reckless
my premium + fines == ?
b) Dry Reckless
my premium + fines == ?
c) say Jury Trial leads to conviction
my premium + fines == ?
d) charges dropped
only 7.5k attorney fees

Thx

 

[moburkes]

Your insurance premium will stay the same or go higher. We do not, however, do quotes.

 

[dui_dude]

Your insurance premium will stay the same or go higher. We do not, however, do quotes.

Ok thanks .... any idea about the DMV application for a CA License ? I haven't heard any response on that yet,

 

[CdwJava]

Just apply for the license ... they will tell you if you are ineligible or not. Chances are you will be okay unless you other license was suspended or you get convicted of DUI.

- Carl

 

[dui_dude]

Just apply for the license ... they will tell you if you are ineligible or not. Chances are you will be okay unless you other license was suspended or you get convicted of DUI.

- Carl

thanks carl ...... 2 drinks can get you in so much trouble. It's a very good deterrent for any second chance.

 

[seniorjudge]

thanks carl ...... 2 drinks can get you in so much trouble. It's a very good deterrent for any second chance.

.07 is a six pack at least...not "two drinks"...unless they are huge!

 

[BigMistakeFl]

BigMistakeFl

2 drinks cannot take you to 0.07 BAC unless you had gastric bypass surgery or you're the guy who played "Mini Me".

 

[dui_dude]

.07 is a six pack at least...not "two drinks"...unless they are huge!

I had 2 long islands .... no reason for me to lie in a discussion forum. I had those at 11 pm ..... was caught at 2:30 am. feel free to use your imagination in either direction .... I am only here to get some advice.

 

[CdwJava]

I had 2 long islands .... no reason for me to lie in a discussion forum. I had those at 11 pm ..... was caught at 2:30 am. feel free to use your imagination in either direction .... I am only here to get some advice.

Okay, 2 Long Island Ice Teas are the equivalent of 8 shots of hard liquor ... I would expect that in 3 1/2 hours you would be at about .11 unless you are larger than the average bear. At .07 it is possible you were still absorbing the alcohol at the time of stop - especially if the last Long Island was at about 1:30 or 2:00 AM.

- Carl

 

[dui_dude]

Okay, 2 Long Island Ice Teas are the equivalent of 8 shots of hard liquor ... I would expect that in 3 1/2 hours you would be at about .11 unless you are larger than the average bear. At .07 it is possible you were still absorbing the alcohol at the time of stop - especially if the last Long Island was at about 1:30 or 2:00 AM.

- Carl

Ohh i didn't know that 2 long islands = 8 shots ...... drink#1 at 11:00 and drink#2 at 11:30 .... and i blew 0.07 at 2:30-ish ...... so do you mean i was 0.04 - 0.05 when i was stopped and alcohol was still sinking into me .... ??? I am 5'10 and 165 LB ..... actually I waited for an hr before driving and in the mean time drank 2 bottles of water [500 ml each] to obb reduce the alcohol in me .....