Suppose you were driving along on the 405 North early in the morning one Saturday and an officer pulled you over because he thought you were not “driving straight” or you were speeding. The officer didn’t have you take one breath test, but he had you submit to three separate tests. The first two were unsuccessful, but on the third attempt your blood alcohol concentration (BAC) registered .08% - the legal limit.
From there, you were handcuffed and taken down to the station for booking; this was your first DUI offense. With two incomplete tests and a third that registered .08%, you’re wondering if it’s possible to get your DUI dismissed in court. After all, the officer did take three separate tests. It is possible; however, you need a good DUI attorney to scrutinize the tests along with the reason why you were pulled over.
If the facts of the case are in your favor, we may be able to get the case dismissed, especially if you had a borderline BAC or .08%, and you did not show any signs of actual impairment. If the odds are against you, that doesn’t mean it’s not negotiable; we still may be able to get your case reduced to a “wet reckless,” which is a lot better than a DUI.
Without knowing all of the facts, it’s hard to say exactly what will happen, but with .08%, your case can be fought and possibly won. It is important for you to know that under California law, it is possible to get a DUI, even with a low BAC. If the prosecution can prove that a driver was “impaired” by alcohol, the defendant can be found guilty of DUI regardless of BAC.
You Have 10 Days to Schedule the DMV Hearing
If you are facing DUI charges in Orange County, it’s time to get a DUI defense lawyer involved, otherwise you can be looking at fines, jail time, community service, enrolling in an alcohol treatment program, skyrocketing insurance premiums, and much more.
If you were arrested for DUI, you have just 10 days from the date of your arrest to contact the DMV and schedule a hearing. Assuming you were issued a temporary license, you must contact the DMV right away to protect your rights. Even if you’re not sure if the DA has filed charges against you, or if your driver’s license was suspended, you can’t assume that you won’t land on the DA’s radar, because that rarely happens.
Contact the Law Offices of Virginia L. Landry, Inc.
If you were arrested for DUI, contact our office to set up a free case evaluation with an Orange County DUI lawyer. Attorney Landry is a Board-Certified expert in DUI Defense and chosen as a “Top DUI Attorney” in Orange County. Don’t trust your case with just anybody – work with one of OC’s best!