Is it likely that my DUI charges could be dropped? 18 Answers as of February 29, 2012

I was pulled over for speeding but was arrested for DUI charges instead. I blew a 0.7 BAC and was not driving recklessly, should I hire a private attorney or get a public defendant for the hearing? Is it likely that the charges will be dropped or will they still convict me? Thank you!

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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
A good lawyer can get you at least a reduction if not a dismissal. The P.D. does take those cases but you don't get to choose your lawyer and don't expect any T.L.C.
Answer Applies to: California
Replied: 8/6/2011
Law Offices of James A Bates
Law Offices of James A Bates | James A Bates
People have been convicted with a .07 many times. Get a public or private attorney. There is a good chance the charges can be reduced. You cannot be convicted of being a .08 or over. But you can be convicted of driving while under the influence depending on the evidence.
Answer Applies to: California
Replied: 8/5/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
You should hire a private attorney if you can afford one. Public defenders have hundreds of cases to handle, they will not do your DMV hearing, and you have to appear at every court hearing.
Answer Applies to: California
Replied: 8/5/2011
Law Offices of Elliott Zarabi
Law Offices of Elliott Zarabi | Elliott Zarabi
I always suggest a private attorney first. Because you get more time with them. IF you can't afford one, definitely get the public defender.
Answer Applies to: California
Replied: 8/5/2011
Law Offices of Matthew Murillo
Law Offices of Matthew Murillo | Matthew Murillo
Whether you go with the Public Defender or with a Private attorney, depends largely on whether you can afford the attorney you want to hire. A private attorney will represent you at the DMV hearing as well. A Public Defender cannot do so. In order to have a DMV hearing, it must be requested within 10 days from the date of arrest. That deadline is likely to be gone by the time you get to court and can speak with a Public Defender. You should at least consider hiring an attorney for the DMV hearing because it is considered to be separate and is not influenced by the Court proceedings.
Answer Applies to: California
Replied: 8/5/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    In my humble opinion, you need to hire a private attorney to save your license or possibly have the charges dropped. My office has seen many cases where the individual does not hire a private attorney when the breath or blood test close or at the level.

    A public defender does not handle the DMV APS Hearing, therefore, you can loose your license through the DMV even if all charges are dropped in the criminal action.

    I routinely save my clients driver's license when the case is close or at the level.
    Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 12/15/2010
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    You can still get a DUI even if you had a blood alcohol level under .08%, but you are correct that some bad driving needs to have occurred. However, keep in mind that just because you don't think your driving was bad, does not mean the cop will not write up his report that way after seeing how low you blew. You should get an attorney who focuses on DUI defense such as this office to attack this now before it gets filed. You do not want to put your head in the sand or count on a public defender to work for you after the case is already filed.
    Answer Applies to: California
    Replied: 12/13/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Can the case end up getting dropped? Of course. Is that likely? No. The police and DA do not spend time and money arresting, charging and prosecuting cases only to drop them because you want them to. That is not how the system works, obviously. IF he has valid defenses, facts, evidence, witnesses, etc. that would allow his attorney to beat the charges by keeping the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea or dismissal. You won't know until you consult with counsel with ALL the facts. If now serious about hiring counsel, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you cannot afford private counsel, apply for the Public Defender.
    Answer Applies to: California
    Replied: 12/13/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    I would hire a private attorney. You will need an attorney to represent you both in the DMV hearing as well as the criminal court proceedings. No one can guarantee you that the charge will be dismissed but with your low BAC you will have a very good chance.
    Answer Applies to: California
    Replied: 12/12/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    I would recommend getting an attorney. A DUI charge is not something to be taken lightly. You may or may not qualify for a public defender (depends on your income in certain counties). In other counties, even if you get a public defender, you may still have to pay depending on your income.

    What court is your hearing in? Per 23152(a), they can still convict you of driving under the influence even if your BAC is belo .08. It does make your case a good one to fight though.
    Answer Applies to: California
    Replied: 12/12/2010
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You should still hire an attorney to makr sure you suffer the lowest penalty associated with the charges.
    Answer Applies to: California
    Replied: 2/29/2012
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Get a private attorney. You still could be charged with 21352 (a)- driving under the influence.
    Answer Applies to: California
    Replied: 12/12/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    It depends on whether the DA believes there is enough evidence to convict you for driving impaired. You can be convicted of driving impaired with less than a .08. If filed you definitely need an attorney.
    Answer Applies to: California
    Replied: 12/12/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should hire a DUI specialist immediately. First of all, the DMV should be contacted timely, because you may still lose your license if you or your attorney does not request a hearing within 10 days, and this could happen regardless of your BAC (if no hearing is requested, you may simply lose by default even if you have no alcohol in your system!). Secondly, the prosecutor can still charge you with VC 23152(a), which is not BAC-specific. A public defender will simply not represent you at the DMV hearing, and that is assuming, based on your income/asset declaration, that the Judge even appoints one after being satisfied that you qualify.
    Answer Applies to: California
    Replied: 12/12/2010
    Tomas M. Flores, Esq.
    Tomas M. Flores, Esq. | Tomas M. Flores
    Unfortunately, a .07 can result in the DA filing a 23152(a) charge. If you earn over $40,000 per year you may not be eligible for the Public Defender's office.
    Answer Applies to: California
    Replied: 12/12/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    A .07 is great but they can still try you and convict you with the cop testifying you were clearly under the influence. If you can't afford a private lawyer get the Public Defender.
    Answer Applies to: California
    Replied: 12/12/2010
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