I got my first dui just a few days ago and i was taken into custody...the booking drunk tank deal. My bac was ,081 and .082

Yes! You can most definitely fight this and it is worth fighting. Because your BAC was so borderline there are numerous defenses that apply. Immediately write to DMV and demand a hearing to prevent the suspension of your license. You have only ten days from the date of your arrest to do so. If you can afford a lawyer, hire one. Your lawyer can go to court for you and handle most of the proceedings without you even appearing and protect your license from being suspended by the DMV. If you can't afford a private lawyer, the public defender will be appointed to represent you. If you are looking to hire an attorney and you'd like to discuss your case with me, feel free to call for a free consultation. - David J. Pullman (866)244-5004

You can definitely fight this. The lack of Miranda rights reading can potentially help to suppress any damaging statements you may have made after your arrest. Your BAC level at a .08 is right at the limit per VC 23152(b). There are technical arguments that can be made to support that the machine used is not 100% accurate, and further that you may have been below the .08 level at the actual time of driving (which was likely to be 30 minutes or longer before you took the breath test). There are a lot of additional arguments that can be made, and potentially challenge and discredit the evidence the prosecutor may try to use against you. You should speak to an attorney in your area that is experienced in DUI's. I am not personally familiar with the courts up there as I practice in Southern California (Los Angeles, Ventura, San bernardino...), but I can put you in contact with some qualified attorneys in your area if you would like. If nothing else, I would recommend at least consulting with an attorney about your case.

You should be represented by a DUI lawyer in this matter, both at DMV and in court. You have 10 calendar days from the date of arrest to request an administrative per se hearing with the DMV to begin the process of saving your license. Have the DUI lawyer request this DMV hearing for you (assuming you hire them within the 10 days). Each court in the bay area is different, so what to expect in court will partially depend on what court you are in. If you are in Santa Clara County, they may not even offer a reduction of charges for this case. They often charge DUI's when the BAC is .07 or .06. To your question of can you fight this, the answer is yes. There are many defenses with a .08 BAC, such as margin of error on the breath machines and rising BAC. You can get a free consultation with a DUI lawyer, and should find one asap. To find a DUI lawyer look for someone who is a member of the California DUI Lawyers Association and the National College for DUI Defense. Aaron Bortel 415 247-0700

I would also add that the San Jose Police Department was recently busted for using defective breathalyzer machines. This is an example of why you should never trust the results of a machine in these cases, particularly when the result is so close to the legal limit, as in your case. An experienced DUI attorney can help determine whether or not the equipment used to test your BAC gave an accurate result and was in proper working order.