what can i expect to come

[aahn002]

What is the name of your state (only U.S. law)? California
I'm a 23 year-old college student that has made a huge mistake been charged with dui. I had a car accident on the freeway and had no choice but to call triple A for towing (ended up in a field of grass in between two highways) and was greeted by the towtruck guy who proceeded to call CHP. My buddy was with me in the car when he was in the accident and thankfully he was not hurt. I do realize that this can probably lead to some kind other charges (endangerment) but I am not entirely sure whats to come. I was administered sobriety tests by the officers (count to 30/ finger test) then was administered a breathalyzer. He did not tell me what I blew exactly but I know I was over the limit shortly after I was charged with DUI charges then and there. I was asked if I wanted to stay with a breathalyzer or go to a hospital for a blood test. Regrettably I said yes (I know this was a huge mistake). Then I was booked, went to the local drunk tank and stayed in there till 2 pm when I was charged around 6 am. This is my first offence and I would really appreciate any insight/advice that can be offered to me as of what's to come or any actions I should take (ex: consulting a dui attorney etc) Please advise !! Any help is greatly appreciated. I'm treading in dark waters here so please enlighten me with some personal/professional/experienced insight.

 

[Sloop John D]

Speaking with a criminal defense attorney would be highly advisable. Consultations are usually free, and the attorney can walk you through what's going to happen, what he can potentially do for you, and the cost. Then you can decide if it will be worth the cost or not.

 

[BigMouthWino]

What is the name of your state (only U.S. law)? California
I'm a 23 year-old college student that has made a huge mistake been charged with dui. I had a car accident on the freeway and had no choice but to call triple A for towing (ended up in a field of grass in between two highways) and was greeted by the towtruck guy who proceeded to call CHP. My buddy was with me in the car when he was in the accident and thankfully he was not hurt. I do realize that this can probably lead to some kind other charges (endangerment) but I am not entirely sure whats to come. I was administered sobriety tests by the officers (count to 30/ finger test) then was administered a breathalyzer. He did not tell me what I blew exactly but I know I was over the limit shortly after I was charged with DUI charges then and there. I was asked if I wanted to stay with a breathalyzer or go to a hospital for a blood test. Regrettably I said yes (I know this was a huge mistake). Then I was booked, went to the local drunk tank and stayed in there till 2 pm when I was charged around 6 am. This is my first offence and I would really appreciate any insight/advice that can be offered to me as of what's to come or any actions I should take (ex: consulting a dui attorney etc) Please advise !! Any help is greatly appreciated. I'm treading in dark waters here so please enlighten me with some personal/professional/experienced insight.

My first call would be to cancel AAA. The tow-truck driver called CHP on you? I assume you admitted to the police you were driving?

 

[CdwJava]

My first call would be to cancel AAA. The tow-truck driver called CHP on you? I assume you admitted to the police you were driving?

I imagine that it is their policy to make that call when it occurs on the median of a freeway ... not to mention the tow driver probably did not want to get accused of aiding in the concealment of a crime. The OP may have appeared injured or may have been clearly impaired.

 

[princymelba]

Why are you waiting to get an legal advice from an attorney.. Its very close to an arrest.. Before it is happened contact a dui attorney who can help you out from this issue.. you should have done this when you took the breath analyzer test.. Its lucky that heavy damage has not happened..

 

[CdwJava]

Why are you waiting to get an legal advice from an attorney.. Its very close to an arrest.. Before it is happened contact a dui attorney who can help you out from this issue.. you should have done this when you took the breath analyzer test.. Its lucky that heavy damage has not happened..

In CA you do not have a right to contact an attorney before a chemical test.

It might be safe to assume that if he has not spoken with an attorney, yet, one will be assigned to him atr about the time of arraignment if he cannot afford his own legal counsel.

 

[FlyingRon]

I'm not sure why you seem to think passing up the blood test is a "regrettable" error. It's not likely to have given you any exculpatory information compared to the intoxilyzer. AAA most likely reports highway accidents to the CHP as a matter of course, not just because they suspected you were drunk. If for no other reason than for assistance pulling the tow out onto the highway.

Yeah, he should have consulted an attorney before it happened. The attorney would tell him not to drive while drunk.
If he had consulted an attorney in California after he wrecked, he would have been told to refuse FST or other than the minimal interaction with the police officer.
There's no right to attorney before the chemical test because there's no right to decline it in California. The refusal itself is a crime with stiff penalties and the police these days may still get a warrant to compel the blood test if you refuse.
Futher, while the blood test will help establish a violation of the per se limit, there's probably sufficient other evidence of intoxication to obtain a conviction with out it.

What is clear is that he needs an attorney now. An attorney can delve into probable cause and other issues and see if there is any way to mount a defense and also to request a hearing and stave off the admin suspension if he can see an error there. A lawyer at least can help get the mitigation to reckless driving.

 

[CdwJava]

I'm not sure why you seem to think passing up the blood test is a "regrettable" error. It's not likely to have given you any exculpatory information compared to the intoxilyzer.

It's offered only because a breath sample is not saved for future testing and state law requires us to make the offer for a blood sample to be taken for testing at the defendant';s expense later should they choose. It is very rare that someone does this.

Yeah, he should have consulted an attorney before it happened. The attorney would tell him not to drive while drunk.

The refusal itself is a crime with stiff penalties and the police these days may still get a warrant to compel the blood test if you refuse.

Wellllll ... in CA it is not a "crime" to refuse a chemical test. A refusal results in administrative penalties, but no criminal charges.

Plus, as a result of the USSC court ruling in April we have to get a search warrant for misdemeanor blood draws for DUI and drug influence cases ... problem is, CA state law does not allow us to seek a search warrants for these offenses!! Ergo, no search warrant can be obtained until the state legislature corrects this oversight in the Penal Code.

What is clear is that he needs an attorney now. An attorney can delve into probable cause and other issues and see if there is any way to mount a defense and also to request a hearing and stave off the admin suspension if he can see an error there. A lawyer at least can help get the mitigation to reckless driving.

Yep. The attorney can review the case for any potential avenues of attack to mount a defense. Usually it is a matter of a plea deal, but sometimes there are glaring errors. And, if the defendant has priors, he would have nothing to lose except money.