I have been charged with 23152 a, and submitted a blood test that may result in additional charges, what are my options? 8 Answers as of February 29, 2012

I was pulled over at a ride check point, and was charged with both a DUI, and blood alcohol levels over 0.08%. The arresting officer also suspected that I may have been under the influence of a controlled substance, and asked me to submit a blood test.

I will concede that I was under the influence of nominal amounts cocaine and marijuana, and suspect that I will be charged under health and safety code 11550 as well.

This is a first time offense, but I am very concerned about the prospect of jail time. What are my options? Is it likely that I can reach a plea bargain to avoid incarceration?

I am also a hemophiliac, and was curious to what rights an officer has to draw blood when no suitable alternatives are made available.

Thank you for your help.

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Law Office of Michael Bialys THE DUI MAN
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
If this is your first DUI you can likely avoid jail time based on the information provided. Their are some steps you can take to avoid this prior to the plea bargain stage, but again with the proper direction you can likely avoid jail time on your 1st DUI.
Answer Applies to: California
Replied: 2/29/2012
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
I feel that it is very likely you can reach a good plea bargain to avoid jail time as this is your first offense. Best thing to do is to contact an Attorney who is experienced in DUIs and knows how to handle these matters. What Court are you in? I handle cases in Los Angeles County, San Bernardino County, Orange County, and Ventura County, and would be happy to speak to
you about your case in further detail. You can call me at to discuss further.
Answer Applies to: California
Replied: 12/6/2010
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
The police have the right to draw your blood when they believe that you are under the influence of a controlled substance. You are looking at a mandatory minimum of 90 days in jail if you are convicted of both of these offenses. You need an attorney to assist you.
Answer Applies to: California
Replied: 12/6/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You have the right to refuse all blood testing, or to explain and require a different test. Generally a breathalyzer is offered, so no objection can legitimately be made. If you refuse to submit to any testing, you automatically have your license suspended by DMV for a year for that refusal.

Your options are fight it or plea and go straight to jail.

If arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion or decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you were given documents that included a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license imposed upon arrest for DUI. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does.
Answer Applies to: California
Replied: 12/6/2010
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
You definitely need to fight the case. In particular, you must contact the DMV within 10 days of your arrest to request a hearing. The information is on the temporary driver's license you received when you were arrested. If you retain an attorney, he or she should do that for you. As for the drug issue, while most crime labs do a qualitative analysis of what's in your blood, most won't do a quantitative analysis until trial as to whether there is enough in your system to make a difference in your driving. Since you got stopped at a checkpoint, then you likely weren't driving poorly anyway. Plus, there is case law in California that requires a checkpoint to meet certain requirements to be legal, call the 8 "Ingersoll factors". If this is a first offense, you likely wouldn't not do any jail time. None is required, and unless you were in an accident or have priors, which isn't the case here, you likely won't face jail. Also, if you are a hemophiliac, an alternative to a blood test must be offered. You should have been given the option of a urine test. Contact a qualified attorney immediately who focuses on DUI cases, as I do, for more information.
Answer Applies to: California
Replied: 12/6/2010
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    3 years Summary Probation; Obey all laws; Fine and fees of approx. $3300 ( some of this can be worked off by doing community service); not drive with intoxicant in body; not drive without license or insurance; Alcohol school level I; 48 hours jail or work release.It is possible that the court will order an interlock ignition system.

    If you blood alcohol level was way.over the limit you could be looking at additional jail time and Level 2 alcohol school. The court could also require AA meetings or other requirments

    Your license will be suspended by the DMV. The license can be gotten back after 30 days upon showing that you have enrolled in Alcohol school and the filing of an SR-22 (proof of insurance).

    You should always retain an attorney to assist you. Often times the DUI can be plea bargained to a lesser offense.
    Answer Applies to: California
    Replied: 12/6/2010
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    You should try to get PC 1000 (Diversion) for the HS 11550(a) charge, along with the DUI (go for VC 23152(b)). If you advised the officer that you were a hemopheliac and would prefer breath or urine, and he still insisted on blood (I don't see urine used much, anymore), then you were just a victim of the usual jerk officer. I do not believe you have much recourse. I do not know in which County you were arrested, but it is very, very unusual to see actual incarceration on a first-time DUI, after the initial booking and dry-out night. You will almost undoubtedly be able to participatein a work release or electronic detention program if there are any more jail days in an eventual sentence.
    Answer Applies to: California
    Replied: 12/6/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should consult with a DUI specialist right away. Drug DUI's are not easy to prove by the prosecutor, and an experienced attorney can also explore program alternatives that may result in the dismissal of the 11550. Finally, Checkpoint cases are good, because usually no bad driving is observed, and the skilled defense attorney can conduct a 1538.5 motion to challenge the Checkpoint.
    Answer Applies to: California
    Replied: 12/6/2010
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