Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

Can I get out of a DUI with a BAC of .06 .07 and .08 if it my 1st offence and i'm under 21?

Bankruptcy and Debt 4 views 5 answers
I was driving on a grass field that i normally drive on but illigall, and got stuck in the mud. The cops showed up while I was standing outside the car with the keys in my pocket. I passed all there DUI test but blew a .06 .07 and .08.How should i go about dealing with this. I was never read my miranda rights. the police never saw me in the car and the keys were never in the ignition,when they asked me if i was driving i did say yes.

Attorney Answers

5
Hart Levin ·
Since you are under 21, it is illegal to have any amount of measurable alcohol in your blood. The .06% won't help you any. You may have a 1538.5 issue here for the detention that occurred while you were standing outside of the car. Contact a skilled attorney to explain the process. What court is this in? 310-935-3100 for more explanation on the 1538 issue if necessary.
0 upvotes
taycie Renee SenaCriminal Defense AttorneyIrvine, CA ·
I have seen DUIs charged with a blood alcohol concentration as low as .05. The additional problem that you have is that, being under 21, you may subject to a one-year license restriction. You will need representation. Please give me a call and we can discuss it further. 949-477-8088.
0 upvotes
Elliot Zarabi ·
That fact that you did say yes, is the killer point here. However, if you were placed under arrest (were not free to leave) and the officer asked you these questions without mirandizing you, you may be able to succesfully have your statement thrown out of court, and then all the evidence against you is not circumstantial evidence, which makes the prosecutions case much much weaker! In a case like this, I always recommend having an attorney fight your case for you! I am available for any questions you may have. Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720
0 upvotes
Peter Iocona ·
See my other answer to your similar post. As for Miranda, it is not required to be read to a DUI suspect. As for how to approach this, I'd suggest retaining a DUI attorney in Orange County.
0 upvotes

People Also Asked

Are we still liable as guarantors after a chapter 7 filing?… 2 answers When working "on call shifts" at a restaurant what is the minimum amount of hours your emp… 3 answers What is notice of dropping party filed by the plaintif, in a pending foreclosure ?… 1 answers Does a Last Will and Testament need to be filed with the Clerk of the Courts office to be … 3 answers What can be done about threats left on voice mail?… 2 answers What is the consequence of continued driving after revocation charges in Minnesota?… 3 answers

Browse by Practice Area

Litigation 203,510 attorneys Real Estate 156,159 attorneys Personal Injury 149,024 attorneys Criminal Defense 99,634 attorneys Family Law 95,894 attorneys General Practice 90,854 attorneys Business Law 84,818 attorneys Business 82,448 attorneys Criminal Law 72,552 attorneys Intellectual Property 61,381 attorneys

Browse by State

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii