• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Out of State DUI - Need Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rspowell69

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

On 10/31/09 I was pulled over for hi-beams in Mt.Shasta, Ca. which the Sheriff smelled beer and removed me for the field tests, (which I passed), but I blew over the .08 (like 08.4), and was arrested, taken to cop shop, tested again, given my 30 day temp license papers, taken to the Siskiyou County Jail, (Yreka, Ca.), booked & then released on a promise to appear.

My license is currently from Oregon, as I'm in the middle of moving to
California, (Fort Jones), but the officer took all of my information which has my Oregon address, and the jail has my new California address.

I can't afford a lawyer, so I'm on my own. Any help, advise would be very
much appreciated.

Question(s) : This is my 1st DUI, and I'm not sure what to do about DMV ?
should I notify California DMV that I'm moving to California, or wait ?

Also, should the officer have read me my Miranda Rights
after he notified me that I was under arrest for DUI ?
 


FlyingRon

Senior Member
Why does everybody think the passed the FSTs?
Miranda rights are only required for questioning once you are in custody. Most likely they didn't has you any pertinent questions once you were in custody.
The per se limit is .08 so that's all they need (even if you blow exactly .08000000000000000, you are still guilty).

You can try getting a CA license, but I suspect that you'll find it difficult without the real Oregon license (at the minimum you'll have to take the driver's test).

Are you in the military?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top