D.U.I blood test 0.8

[juanoch]

What is the name of your state (only U.S. law)? Im in California i got arrested last night i had 3 beers got pulled over i told officer i was not going to do field sobriety test to just arrest me (cause he had asked if i was drinking) but dont take my car cause i need it for work cause i pay a lot of child support.I inadvertantly told him i was refusing blood test too.so he had to get court order by the time i got the blodd test it was at .08 wich is the legal limit in my state so did i break the law and can i or should i fight it.I appreciate any help

 

[Just Blue]

What is the name of your state (only U.S. law)? Im in California i got arrested last night i had 3 beers got pulled over i told officer i was not going to do field sobriety test to just arrest me (cause he had asked if i was drinking) but dont take my car cause i need it for work cause i pay a lot of child support.I inadvertantly told him i was refusing blood test too.so he had to get court order by the time i got the blodd test it was at 0.8 wich is the legal limit in my state so did i break the law and can i or should i fight it.I appreciate any help

Uh...Yes. You broke the law. BTW...As .08 is the limit (and that is pretty drunk) how are you even alive with a BA of .8?

 

[juanoch]

Uh...Yes. You broke the law. BTW...As .08 is the limit (and that is pretty drunk) how are you even alive with a BA of .8?

sorry .08 thats why im alive, so dont waste money on a lawyer.

 

[Just Blue]

sorry .08 thats why im alive, so dont waste money on a lawyer.

You still broke the law dear.

 

[FlyingRon]

First off, understand the there is NO legal limit. 0.08% is only the point in which you're presumed intoxicated. It doesn't mean you can't be found guilty of DUI at lesser BACs. But anyhow, .08 is the double whammy point as well. Not only are you automatically assumed intoxicated and hence facing a DUI criminal charge, but also there are DMV suspensions seperate from your criminal trial for the .08.

I can't understand your last post (other than that you are alive), but you very much do need a lawyer. You need him for the DMV hearing on the .08 violation in addition to your criminal charge on the DUI. If they impounded your car (this is largely at the officer's discretion no matter what you say to him), then you need to proactively retrieve that.

You've obviously left out a lot of details (and perhaps you don't know them or their relevancy). This is why an attorney is essential.

 

[juanoch]

You still broke the law dear.

so no way out of this

 

[FlyingRon]

so no way out of this

Yes, GET A LAWYER. We can't comment on the merits of your case. A lawyer will look at all the evidence against you, etc... and give you the best strategy to either contest the charge or mitigate the eventual sanctions against you.

 

[juanoch]

First off, understand the there is NO legal limit. 0.08% is only the point in which you're presumed intoxicated. It doesn't mean you can't be found guilty of DUI at lesser BACs. But anyhow, .08 is the double whammy point as well. Not only are you automatically assumed intoxicated and hence facing a DUI criminal charge, but also there are DMV suspensions seperate from your criminal trial for the .08.

I can't understand your last post (other than that you are alive), but you very much do need a lawyer. You need him for the DMV hearing on the .08 violation in addition to your criminal charge on the DUI. If they impounded your car (this is largely at the officer's discretion no matter what you say to him), then you need to proactively retrieve that.

You've obviously left out a lot of details (and perhaps you don't know them or their relevancy). This is why an attorney is essential.

my car was not impounded ,it was a misdameanor on the dui.My blood came out positive for marijuana wich i do smoke but was not smoking that evening.

 

[juanoch]

Yes, GET A LAWYER. We can't comment on the merits of your case. A lawyer will look at all the evidence against you, etc... and give you the best strategy to either contest the charge or mitigate the eventual sanctions against you.

ok. thank you. what could i possibly contest

 

[juanoch]

Yes, GET A LAWYER. We can't comment on the merits of your case. A lawyer will look at all the evidence against you, etc... and give you the best strategy to either contest the charge or mitigate the eventual sanctions against you.

what is the average cost for a case like this

 

[juanoch]

First off, understand the there is NO legal limit. 0.08% is only the point in which you're presumed intoxicated. It doesn't mean you can't be found guilty of DUI at lesser BACs. But anyhow, .08 is the double whammy point as well. Not only are you automatically assumed intoxicated and hence facing a DUI criminal charge, but also there are DMV suspensions seperate from your criminal trial for the .08.

I can't understand your last post (other than that you are alive), but you very much do need a lawyer. You need him for the DMV hearing on the .08 violation in addition to your criminal charge on the DUI. If they impounded your car (this is largely at the officer's discretion no matter what you say to him), then you need to proactively retrieve that.

You've obviously left out a lot of details (and perhaps you don't know them or their relevancy). This is why an attorney is essential.

how were they able to know my BAC in under 2 hours i thought blood test took longer.

 

[juanoch]

ok. thank you. what could i possibly contest

officer never told me why he placed me under arrest ,I mean he handcuffed me and took me away but never told me why he was placing me under arrest.Never at one point ,they just assumed i was drunk as there was no documented field sobriety test.Never read me my rights.I pleaded the 5th and he continued to ask me to take a blood test and question me.

 

[Just Blue]

officer never told me why he placed me under arrest ,I mean he handcuffed me and took me away but never told me why he was placing me under arrest.Never at one point ,they just assumed i was drunk as there was no documented field sobriety test.Never read me my rights.I pleaded the 5th and he continued to ask me to take a blood test and question me.

Please google the 5th Amendment. You will find it states your right to not self incriminate. The police or DA can still question you and ask for a blood sample. BTW: The officer didn't "assume" you were drunk...he had cause to suspect you were under the influence. Curiously you were...go figure.

 

[quincy]

What is the name of your state (only U.S. law)? Im in California i got arrested last night i had 3 beers got pulled over i told officer i was not going to do field sobriety test to just arrest me (cause he had asked if i was drinking) but dont take my car cause i need it for work cause i pay a lot of child support.I inadvertantly told him i was refusing blood test too.so he had to get court order by the time i got the blodd test it was at .08 wich is the legal limit in my state so did i break the law and can i or should i fight it.I appreciate any help

First, I agree with the others that you need a criminal defense attorney.

Here are two links. The first has a wealth of information on the drunk driving laws in California, including information on the different types of testing for alcohol and drugs. The second link is to the driver license suspension you face with your refusal to test (and if you are convicted on the DUI).

https://www.california-drunkdriving.org/laws.html

https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dsalcohol

Good luck.

 

[Just Blue]

what is the average cost for a case like this

Avg cost for an attorney $200.00-$500.00 Per hour.