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Charged with DUI 23152(A)

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vinny1577

Guest
What is the name of your state? CA

Hi,
I recently got charged with DUI. 2 breath tests were taken, One reading was at .08, the other one at .07. The DMV has decided not to press any charges. However, the court still charged me with 23152(A), which is driving under the influence. Note that unlike most people, I did not get charged for 23152(B), which is the charge related to a BAC of .08 or more.
I have a few questions:
1) Should I plead guilty for 23152(A)?
2) What are the maximum penalties imposed by the court if I plead guilty?
3) As I understand, there are two parts to DUI, one is dealing with the DMV, and the other is dealing with the court. Now in my case, the DMV did not press charges. The people at the DMV assured me that my license will not be revoked, I dont have to provide the SR-22 etc. etc. But if the court finds me guitly, can my license still be revoked?
4) Finally, is it worth contending against 23152(A)?
Thanks
 


CdwJava

Senior Member
vinny1577 said:
I recently got charged with DUI. 2 breath tests were taken, One reading was at .08, the other one at .07. The DMV has decided not to press any charges.
The DMV doesn't press charges. What they probably did was not suspend your license automatically ... probably because of the .07 blow. But, they can still do that when/if you are convicted of DUI.

However, the court still charged me with 23152(A), which is driving under the influence. Note that unlike most people, I did not get charged for 23152(B), which is the charge related to a BAC of .08 or more.
Correct. And that's because of the borderline blow ... .08 and then .07 makes a 'b' charge hard to sustain.

1) Should I plead guilty for 23152(A)?
2) What are the maximum penalties imposed by the court if I plead guilty?
You REALLY need to run those by an attorney ... there is just too much that can happen to you to leave it to the advice of a message board.

3) As I understand, there are two parts to DUI, one is dealing with the DMV, and the other is dealing with the court. Now in my case, the DMV did not press charges. The people at the DMV assured me that my license will not be revoked, I dont have to provide the SR-22 etc. etc. But if the court finds me guitly, can my license still be revoked?
Yes. It just means that they will not yank it administratively BEFORE the court proceedings are over. If the police could have shown a BAC of .08+, you would have had to schedule a DMV hearing within 10 days or likely lose your license. But, since they appear to be looking at this as NOT a .08 issue, then that's not involved.

4) Finally, is it worth contending against 23152(A)?
Thanks
I think you mean, "contesting" ... the answer is - check with a lawyer for all the details and the chances of beating the offense. A lot will depend on the officer's observations, what you did, how you did it, etc. And these are things none of us are privy to.

Carl
 
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