What am I facing for a suspicion of a DUI pending blood test results? 14 Answers as of January 23, 2011

I was detained by the police department for suspicion of a DUI. I believed I passed my sobriety field test in the rain and the breathalyzer. I was finger printed and I submitted to a blood test. My license was surrendered pending my blood result. I was given a pink slip that stated that this was not a DUI but suspicion of a DUI pending my blood test result. What am I looking at when I enter the court room and is there something I can do now in my defense?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Before you ever "enter the courtroom" you have 10 days to request a DMV hearing to challenge the suspension of your license if the blood tests comes back over .08. As for as a defense is concerned, that question is too long to answer here. That's why they have criminal defense lawyers. Contact one!
Answer Applies to: California
Replied: 1/23/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Whether the D.A. files the charge depends on the blood result. But be aware that the DMV has a separate hearing that deals with D.L. suspension. You must request an APS hearing within 10 days of your arrest to get a hearing. If you don't, the DMV will suspend your license for 4 months. For more info or to retain our office call.
Answer Applies to: California
Replied: 1/20/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
All criminal cases are fact driven. The answers here are general answers as to what you may expect from the information you have provided. Sometimes on the same facts, courts may come up with different results. The police will submit the report to the D.A. for review. The D.A. will decide if the case should be filed. If you were given a court date on your citation you need to go to court that day and check to see if your case is on calendar. If so go to the court room it is on calendar for and report to the bailiff. If it is not on calendar go to the D.A’s office and check with them. Most times the blood test will not be back at that time. There is always a defense; however it should be handled by an attorney as DUI defenses are complicated and costly.
Answer Applies to: California
Replied: 1/20/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Facing? A DUI conviction that carries potentially a year in jail, fines, license suspension, etc. If you had passed your FST, you wouldnt have been arrested.

Your first court appearance is an arraignment where you will plead not guilty, and set a PreTrial hearing date to negotiate with the DA.

Hire an attorney. Effective plea-bargaining, using whatever defenses and sympathies you may have, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict you. If serious about hiring counsel, 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, whether alcohol or drugs, upon release from jail or booking you were given documents that included a notice 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 by DMV upon arrest for DUI, which is separate and runs consecutively with any suspension that may be imposed by the court. 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: 1/19/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You need to contact an experienced local attorney who emphasizes Criminal Defense. Try the phone book. Ignore the many letters you receive in the mail. Do not be surprised when you finally see the police report and discover that you did not, in fact, do well on the 'Field Sobriety Tests' or the breathalyzer. What can happen on your case depends upon, to a small extent, on why you were stopped, and to a much greater extent, on what your blood alcohol level was.
Answer Applies to: California
Replied: 1/19/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    That pink piece of paper is your temporary driver's license. You only have 10 days from the date of your arrest to request a hearing with the DMV or they will automatically suspend your license. Depending on the facts of the case and your blood alcohol level, you may have a way to beat the DMV suspension, in addition to fighting the criminal DUI charges that are likely to be filed against you.

    It's time to start contacting a criminal defense attorney ASAP - I hope you haven't missed that 10 day window.
    Answer Applies to: California
    Replied: 1/19/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    Yes, there are many things you can do in preparation of your case.

    First, contact the DMV and set up an In-Person Hearing at the local DMV. You need to do this within 10 days from the date of arrest or your license will be suspended for a DUI through the DMV. Second, start going to AA Meetings. Make sure you take a pad of paper and get credit for them. Go 3-5 AA Meetings per week. The judge will like your "proactive voluntary" approach to the case and shows that you are taking the matter seriously.

    Third, you can always call my office and I would be happy to evaluate your case. Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 1/18/2011
    Law Office of Gregory W. Fox
    Law Office of Gregory W. Fox | Gregory W. Fox
    You should contact the Department of Motor Vehicles within ten days following your arrest to request an administrative hearing. The suspension that may be imposed by the DMV will depend on if this is a first offense and/or your age at the time of the incident. The possible related criminal proceeding is independent of the administrative hearing.

    You should contact an attorney who handles driving under the influence cases to assist with any possible defenses.
    Answer Applies to: California
    Replied: 1/18/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You were arrested of a DUI. You have 10 days to contact the DMV to set up a DMV hearing. I do not know why you think you are somehow only under suspicion of a DUI. You should contact an attorney as soon as possible to assist you. To try to defend yourself in court and with the DMV is a bad decision.
    Answer Applies to: California
    Replied: 1/18/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    First, you're facing a DUI, and you have 10 days to request a DMV hearing or lose your license (regardless of your blood result is). Second, there is no such thing as "passing" FST's (they're designed for you to fail, which is why one should NEVER do them). Consider hiring a DUI specialist to represent you in court and at the DMV.
    Answer Applies to: California
    Replied: 1/18/2011
    Desert Defenders
    Desert Defenders | John Jimenez
    READ that "pink slip"! You have/had 10 days from date of arrest to request a DMV hearing to try to save your license.
    Answer Applies to: California
    Replied: 1/18/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    You must act right away to save your license.
    Answer Applies to: California
    Replied: 1/18/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Well, based on what you wrote, you may be having dui charges with possible enhancements. Depending on a lot of variables, you could be looking at jail time, hefty fines, interlock device, alcohol classes, etc. I recommend at least consulting with an attorney about your case. I can speak to you about it if you would like. My number is 818-336-1384. What court is your case in?
    Answer Applies to: California
    Replied: 1/18/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney