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Do I need a DUI atty for my case?
Anonymous3 views6 answers
I received a DUI aprox 3 years ago. I completed the court program and all was good. Last month I was pulled over use of a cell phone. The officer confirmed that I HAD NOT been using my phone, but saw that I was on informal probation for my DUI and administered a "field breathalyzer " test. The breathalyzer he used gave 3 drastically different results. The officer cited me for having alcohol in my system under the legal limit, which I had none, and let me go. I was with the understanding that I should have been detained and administered a blood test to confirm a BAL. now my drivers lic has been suspended and I can't work... Do I have a case? Should I retaine an atty? Please help...
You will definitely need to pull a copy of your DMV print out for an attorney to review and make recommendations for you. Dealing with the DMV is always difficult. The printout is your driving record and will cost you about $10.
It sounds like you were cited for a violation of Vehicle Code §23154 violation, an infraction. What this means is: (1) that at the time of driving, you were on probation for a DUI and (2) you consumed an alcoholic beverage, and (3) you were driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. Did the officer confiscate your license and/or were you issued a Order of Suspension and a Temporary License. Like with your previous DUI (if, in fact, you were cited for a violation of section 23154), you had a right to a DMV hearing within 10 days. Your license is suspended by default as a result of not requesting that hearing. Depending on your circumstances, there is a slim chance you could get a late hearing. You should consult an attorney to assist you.
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
If you were sick and needed surgery, would you "need" a doctor? Contact a locally experienced criminal defense attorney to assist in both criminal court if necessary and with DMV, who may treat the positive BAC results as a 2nd DUI for DMV purposes.
