23136- an infraction

[legal12345]

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

California


Hello, I was cited with a 23136 infraction and 25662 (MIP) misdemeanor back in December.

I brought these citations to a lawyer and he guaranteed that he would get the charges dropped, and that I wouldn't even need to get the charges expunged.

He sounds very confident, and I believe him. However I spoke with my dad about this situation and he advised me that my lawyer could be BSing me; so now with my court date coming up next week; I am on pins and needles with nervousness :0.

My question for anyone willing to help is if a 23136 is considered a DUI charge? My reason for asking this is that I want to go to medical school and I know some applications ask about DUI CHARGES, not just convictions.. So I am unsure of whether a 23136 is considered a DUI or if because it is an infraction its not a real DUI and just a failed breath test or something along those lines.

I appreciate any responses; thank you!

 

[I_Got_Banned]

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

California


Hello, I was cited with a 23136 infraction and 25662 (MIP) misdemeanor back in December.

I brought these citations to a lawyer and he guaranteed that he would get the charges dropped, and that I wouldn't even need to get the charges expunged.

He sounds very confident, and I believe him. However I spoke with my dad about this situation and he advised me that my lawyer could be BSing me; so now with my court date coming up next week; I am on pins and needles with nervousness :0.

My question for anyone willing to help is if a 23136 is considered a DUI charge? My reason for asking this is that I want to go to medical school and I know some applications ask about DUI CHARGES, not just convictions.. So I am unsure of whether a 23136 is considered a DUI or if because it is an infraction its not a real DUI and just a failed breath test or something along those lines.

I appreciate any responses; thank you!

For starters, I'm not sure why you're more concerned with the 23136 (an infraction), than you are with the B25562 misdemeanor charge...

At any rate, you can read VC section 23136 here: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=16665323072+0+0+0&WAISaction=retrieve

Here is how it is described in the Uniform bail Schedule: Minor (Under 21) Driving With Blood Alcohol Level of .01 or Greater, it is an infraction, it carries zero violation points and yet upon conviction, it will remain on your driving record with the DMV for 3 years.

Whether it can/will be dismissed, will depend on the details of the traffic stop, your BAC level, and other pertinent details.

If you're still unsure or aren't confident that the attorney can/will get a dismissal, you should consult with another attorney to see whether he agrees with the first one or not.

ETA: and how old are you, BTW?

And for the sake of full disclosure, you can read Business and Professions Code section 25662 here: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1687064233+0+0+0&WAISaction=retrieve and since subsection (c) of 25662 mentions VC 13202.5, you'll find that here: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=1683992933+3+0+0&WAISaction=retrieve

 

[CdwJava]

And, 23136 can be considered a prior should you get a DUI in the future.

Your attorney seems to be overly confident. Either he read the report and saw some glaring hole in the contact by the officer, or, he was acting the consummate salesman. No attorney should ever make such a guarantee.

 

[legal12345]

Thanks for the replies above!

Basically the reason why I am worried about the 23136 (potentially categorized as a DUI?) more than the MIP misdemeanor is because I am very confident that in the least if all else fails my attorney will get it reduced to an infraction. The medical school applications however do not commonly ask about MIP charges, but they have been known to ask about DUI charges.. so if I'm lucky enough to fly under the radar with not revealing this incident at all that would make getting into a good medical school much easier. To answer your question I am 18.


CD- my attorney told me that the judge in charge of alcohol cases is very laid back with first time offenders. I suppose this is why he can confidently make such claims. He has told me this even much later after I hired him so hopefully he's not just pulling my chain.

I'm still curious however.. is this considered a DUI charge?

 

[CdwJava]

I'm still curious however.. is this considered a DUI charge?

That depends on what you mean by the term. It is NOT, directly, a DUI charge. However, it IS a "zero tolerance" offense.

As an infraction, you do not have to disclose it to potential employers (though there are exceptions for law enforcement or some other government jobs). So, unless they obtain your driving record or look for a local court record, they are not likely to discover this conviction should you BE convicted.

 

[legal12345]

That depends on what you mean by the term. It is NOT, directly, a DUI charge. However, it IS a "zero tolerance" offense.

As an infraction, you do not have to disclose it to potential employers (though there are exceptions for law enforcement or some other government jobs). So, unless they obtain your driving record or look for a local court record, they are not likely to discover this conviction should you BE convicted.

Soo say if a private organization (aamc) asked if I have ever been charged for a DUI.. the honest answer would be no?