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DUI question. Pulled over in Pasadena, CA by CHP
Anonymous3 views6 answers
Pulled over last Thursday and charged with 23152 (a). Refused breathalizer at scene of arrest. I was taken to the hospital to draw blood. The police officer did not take my physical license away, and I was not given a Temporary License/Pink Slip form. Officer said he would call me within 2 weeks once he received blood results. Is my license suspended? Do I still submit D.M.V. hearing request form?
Technically, your license does not fall into suspension until you are served proper notice [a temporary driver's license and notice of suspension]. However, if you are given a citation and a notice to appear in court it's a good idea to have you or your lawyer book your DMV hearing just to be safe.
Get a lawyer. Have him/her submit a DMV hearing request to be safe. Check all sources. Sometimes they have the wrong contact information of mailing address and the notice can be sent to the wrong place.
Good luck.
I agree with my colleagues. I would add that the officer usually takes the driver's license away at the scene. Sounds like there may be an issue as to whether the officer had probable cause to arrest you. You certainly need a lawyer to represent you. You must contact the dmv to preserve your rights to a stay on any suspension and a hearing. Good luck and feel free to call me for a free consultation. I'm in Pasadena.
I agree with my colleagues. If you were cited, I would make sure you don't fall foul of the ten-day limit within which to request a DMV hearing. If your BAC falls below the legal limit when the test results are in & no case is filed, you can always take the DMV matter off-calendar.
You can call the relevant DMV hearing office for a hearing date. I can tell you which office to call if I know your area of residence.
I agree with the other attorneys here. You should absolutely request a DMV hearing within 10 days and hire an experienced criminal defense attorney to handle your case.
If you requested a blood test instead of a breathalyzer, you should be fine- but if you refused chemical testing and they did a forced draw, you could be facing license suspension for that act alone, regardless of what the tests show.
Your license is not suspended, yet. That is pending results of the blood draw. The time to hire an attorney is now, though.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
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--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
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