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First time DUI in Santa Clara County CA

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firstdui_ca

Junior Member
Hi All,
Please help me with my case

I have been in an accident and there were no third party involved, it was just me. After accident I observed it was not blocking traffic and i was not injured and car was not drivable, I called friend and went home which was few blocks from the scene with in 15 mins of accident.
Cops arrived at home around 45 mins after accident, I was outside home discussing with friend what to do next. They asked me were you drinking , I said yes just one drink before accident and where did you took , I said at home.
They asked me to do feild test and breadth test and took me to police station and took my blood. They gave me a red color license substitution DMV form which does not have my bac level from breadth analyzer. I dont know for sure what was my BAC level but I heard around .15
When I came home from accident I did took one drink to calm me down from the panic, however I'm not sure whether I told that to cops or not.
They interviewed my spouse and my friend, my spouse and my friend was unaware that I had a drink and they told the same to cops

Still waiting for the police report ..

What are the chances for me? is it possible to communicate that I had a drink in between the accident and blood test, will anyone believe it ? it was all so quick and a lot of friends were already arrived at my home just after the accident.

Any suggestion is appreciated and I'm happy to answer any questions
 


Zigner

Senior Member, Non-Attorney
Hi All,
Please help me with my case

I have been in an accident and there were no third party involved, it was just me. After accident I observed it was not blocking traffic and i was not injured and car was not drivable, I called friend and went home which was few blocks from the scene with in 15 mins of accident.
Cops arrived at home around 45 mins after accident, I was outside home discussing with friend what to do next. They asked me were you drinking , I said yes just one drink before accident and where did you took , I said at home.
They asked me to do feild test and breadth test and took me to police station and took my blood. They gave me a red color license substitution DMV form which does not have my bac level from breadth analyzer. I dont know for sure what was my BAC level but I heard around .15
When I came home from accident I did took one drink to calm me down from the panic, however I'm not sure whether I told that to cops or not.
They interviewed my spouse and my friend, my spouse and my friend was unaware that I had a drink and they told the same to cops

Still waiting for the police report ..

What are the chances for me? is it possible to communicate that I had a drink in between the accident and blood test, will anyone believe it ? it was all so quick and a lot of friends were already arrived at my home just after the accident.

Any suggestion is appreciated and I'm happy to answer any questions
Nobody here believes it...heck, YOU don't even believe it.

It's time to get an attorney.
 

quincy

Senior Member
Hi All,
Please help me with my case

I have been in an accident and there were no third party involved, it was just me. After accident I observed it was not blocking traffic and i was not injured and car was not drivable, I called friend and went home which was few blocks from the scene with in 15 mins of accident.
Cops arrived at home around 45 mins after accident, I was outside home discussing with friend what to do next. They asked me were you drinking , I said yes just one drink before accident and where did you took , I said at home.
They asked me to do feild test and breadth test and took me to police station and took my blood. They gave me a red color license substitution DMV form which does not have my bac level from breadth analyzer. I dont know for sure what was my BAC level but I heard around .15
When I came home from accident I did took one drink to calm me down from the panic, however I'm not sure whether I told that to cops or not.
They interviewed my spouse and my friend, my spouse and my friend was unaware that I had a drink and they told the same to cops

Still waiting for the police report ..

What are the chances for me? is it possible to communicate that I had a drink in between the accident and blood test, will anyone believe it ? it was all so quick and a lot of friends were already arrived at my home just after the accident.

Any suggestion is appreciated and I'm happy to answer any questions
I agree with Zigner. Your story is not believable as you tell it and you probably would be smart to refrain from telling it again.

In fact, you should say nothing to anyone about your accident and the "two" drinks you had (that left you with a BAC of 0.15). You should especially not talk to the police.

I recommend you hire an attorney once you are charged.

Good luck.
 
How old are you?
Did they ask you what time the accident occurred?
Where there any witnesses to the accident?
Where were the keys when the police arrived?
 

Zigner

Senior Member, Non-Attorney
How old are you?
Did they ask you what time the accident occurred?
Where there any witnesses to the accident?
Where were the keys when the police arrived?
These are all great things for him to talk to his attorney about.
 

firstdui_ca

Junior Member
Thanks everybody for responding and providing the prospect.

How old are you? -
I'm 32/182 lb

Did they ask you what time the accident occurred?
Yes, I told the approx time

Where there any witnesses to the accident?
I'm not sure .. it was night and raining heavily and traffic was not blocked by my car after accident.

Where were the keys when the police arrived?
keys were in car and police got it towed and they gave me towing company address.

There was 2 hrs difference between accident and my blood test and I was empty stomach.

I am not much into drinking and dont know much about type of drinks and I'm very sure if I take the same "2 drinks" again, I will have .15 because when I checked the bottle ( gifted from someone) .. it says 61% v/v.

In reality, I am already getting punished even the case is still to go to court, wonder how

1) My Visa got revoked just after 5 days of accident, so dont know about my career now ..
2) I bought a pre-construction new home 4 months back, which I am suppose to close in two months but when I shared this info with the builder/mortgage, it looks its gone , even I'm pre-approved for loan.
I hope I will get my deposit back.

When and from where can I get police report ..? my driving license was not in my wallet when they returned my stuff, did they took it ?
 

quincy

Senior Member
... When and from where can I get police report ..? my driving license was not in my wallet when they returned my stuff, did they took it ?
You left the scene of an accident. You admitted drinking prior to driving. You had a high BAC. Your license and the police report now has been sent to the DMV for administrative action. Your license is suspended.

You really did not need to answer the questions asked of you by a previous poster. In fact, you really should not speak of your accident to anyone but your attorney.

And you need an attorney.

Good luck.
 

quincy

Senior Member
Thanks.. will do the same
We appreciate the thanks, firstdui_ca, especially since I am sure you did not hear from us what you wanted to hear.

When you are charged, you will want to locate an experienced criminal defense attorney in your area. The attorney will review the facts of your accident and the chemical testing and will work on your behalf with the prosecutor to get you the best outcome possible based on the evidence.

Good luck.
 

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