Under 21 DWI and posession

[chris771]

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

2 Days ago I was arrested for DUI they told me i blew a 1.5 but they did not pull me over rather i was never pulled over but was out of my car when the police came they told me they had to forcefully remove me from the car but thats not true because i wasnt in my car to begin with and i was not driving.. i was outside my car looking for my phone to call someone.. after they told me to sit on the curb they told me to blow into something i was drunk and under 21 so i knew i was going to be arrested atleast for that but then they gave me a suspension order and took my license they never searched me prior to taking me to jail... when i arrived in the pd they searched me after he wrote down the report and they found ecstasy pills on me which i didnt think i had and now they are charging me with DUI for alcohol AND drugs... but i only took the PAS and they did not make me take a blood or urine test

any suggestions

 

[CdwJava]

2 Days ago I was arrested for DUI they told me i blew a 1.5

I presume you blew a 0.15. That's nearly double the per se limit.

after they told me to sit on the curb they told me to blow into something i was drunk and under 21 so i knew i was going to be arrested atleast for that but then they gave me a suspension order and took my license they never searched me prior to taking me to jail.

So, you are facing a suspension and criminal charges. Not good for you.

.. when i arrived in the pd they searched me after he wrote down the report and they found ecstasy pills on me which i didnt think i had and now they are charging me with DUI for alcohol AND drugs.

Doubly bad!

You didn't THINK you had ecstasy on you? So, you admit to having had or used some, you just forgot that you had it?

See, I can guarantee that I won't have Ecstasy in my pockets because I do not use it at all. That's the problem with drugs, it screws up your brain ... that's one reason why it is called "dope."

.. but i only took the PAS and they did not make me take a blood or urine test

Because you are under 21 they can go with the field PBT. It might be harder if they charge you with 23152(a) or (b). If they go with 23140 then they don't need another test at all.

What specific code section are they going for?

any suggestions

Consult legal counsel ASAP. Expect to spend between $5,000 and $10,000 for a decent defense.

 

[chris771]

yes i blew a .15 atleast thats what they said and i am not questioning that

i never admitted to using ecstasy..

Arrest charge 11377(A) HS/23152(A) VS/23152(B) VC

 

[CdwJava]

i never admitted to using ecstasy..

But, your statement here indicates you have. So, it should not come as a surprised that they found some on you.

Arrest charge 11377(A) HS/23152(A) VS/23152(B) VC

Okay, that's what I suspected. I am surprised they did not take a mandatory test at the station for blood or breath, but if they used the Draeger SPAS or a similar device, then the reading will be good enough to stand up in court.

I suspect a plea deal, drug and alcohol classes, and probation with regularly testing for alcohol and drug use are in your future.

 

[chris771]

if its not to much to ask what am i looking at in the plea deal estimate...

first time ever being arrested as well

 

[CdwJava]

if its not to much to ask what am i looking at in the plea deal estimate...

first time ever being arrested as well

If you get a really generous offer from the DA he'll give you a wet reckless (CVC 23103.5) for the DUI and about all that will do will be to keep you from doing jail time and allow you to honestly say you have never had a DUI. But, it can be a prior for any future DUIs.

For the 11377 you will likely be given prop. 36 which is a diversion program.

So, lots of fines, a license suspension, probation with search and test provisions (the cops can stop and search you, your home and vehicle most any time they please), and drug and alcohol counseling are likely in your future.

 

[chris771]

thanks so much for the info on this really stupid mistake...

should i get an attorney or maybe i qualify for a public defender?