What happens on a .08 DUI? 11 Answers as of April 28, 2011

After a night out with a few friends I was driving home through and unfamiliar area. I ended up going the wrong direction in a one way. A policeman pulled me over and ran a breath analyzer. The results were .08. I told the officer I had waited at least an hour after my last drink before I headed home. I have a clean driving record this is my first offense. How should I proceed? Do I hire an attorney or stick to public defense? What will happen with my driver's license? How can I clean my record after this?What kind of fees am I looking at?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You need to schedule a consultation with a criminal law specialist. There is too much information to impart to you than can be answered via this service. With a .08 result you might have a variety of defenses both in court and with regard to the DMV suspension that comes with a reading of .08 or above. The thing you should do immediately is contact the DMV within 10 days of your arrest and request a hearing if you have not done so already in order to preserve your rights to contest this matter later.
Answer Applies to: California
Replied: 4/28/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Are you sure the result was .08? If it was then we can get it reduced to a lesser charge. It is a good idea to hire a lawyer. That will insure the best result. For more info and a quote, call.
Answer Applies to: California
Replied: 4/26/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
If there is a DUI conviction, you the penalties can include a combination of jail time, probation, heavy fines, alcohol classes, license suspension, interlock device, and other penalties. I would recommend at least consulting with a private attorney to discuss your case in further detail. You can call me for a free consultation if you would like. My info is on 1duilawyer.com that has my phone, successful dui case results, etc. I have been successful in getting dui charges dismissed, including a dui case that I handled today. Also, you only have 10 days from your arrest to request a dmv hearing. If not, the dmv will likely automatically suspend your license. Is your hearing located in a court in southern california?
Answer Applies to: California
Replied: 4/22/2011
California Criminal Defense Center
California Criminal Defense Center | Ardalon Fakhimi
You should certainly consult with a private attorney as the Public Defender's Office does not represent clients on your DMV action. Most .08 DUI cases have very strong defenses. You should also be mindful that you will have two matters to litigate. There will be the criminal matter which is handled in court. There will also be an administrative matter which will be handled before the DMV's Traffic Safety Office. The DMV matter relates to the suspension of your driving prviliges. Therefore, it is very important to timely schedule your DMV hearing and strategically defend it in order to preserve your driving privileges. You will only have 10 days from the date of your arrest to schedule your DMV hearing or else you lose this right! If you would like a free consultation to learn more about your rights and the merits of your case, please contact our office.
Answer Applies to: California
Replied: 4/22/2011
Law Office of David Swanson
Law Office of David Swanson | David Swanson
With an .08 you have the most leverage in working something out in your case or winning at trial. Because of that, you should hire an experienced attorney. Because you have a good chance of something good happening in your case.
Answer Applies to: California
Replied: 4/22/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You cannot expunge a DUI conviction. The highway breathalizer is worthless. They need to take you in and get a blood orbreath sample under lab conditions. If they didn't do that the case is a joke. A PD will be fine unless you make toomuch to qualify. I don't know what the fee will be - it depends on the county. Even if worst comes to worst and they cannot get the case thrown out, you could get a wet reckless or go to trial with your buddies testifying.
    Answer Applies to: California
    Replied: 4/22/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Let me start by saying that whatever the best result for you case may be, it is only going to be accomplished with the help of an experienced DUI lawyer. That being said, you have to fight a .08% DUI as these are very defensible DUI cases. You should immediately do the following: 1) Contact the DMV and request your Administrative Per Se hearing (this needs to be done within 10 days of the date of your arrest) as this will prevent your license from being suspended in 30 days from the date of your arrest; 2) contact and hire an experienced DUI attorney to represent you at both the DMV and court cases. DUI cases are very fact specific and, as such, you may have a great case. That fact that your BAC is right at the legal limit of .08% is a good fact for you. Do yourself a favor and hire an experienced DUI attorney. I hope this answer was helpful. If you would like to discuss your case in more detail, I would be happy to do so. Good luck.
    Answer Applies to: California
    Replied: 4/22/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It is not advisable to use public defenders in DUI cases, because the PD cannot and will not represent you at the DMV hearing, which must be requested within 10 days of arrest or you lose your license (regardless of what happens in court). If you just go to court and plead guilty, the fines are close to $2000, and that doesn't include the alcohol class fees, IID installation fees, increase in insurance premium, and a ding on your credit, among other things. Consider hiring a DUI specialist to begin representing you immediately. Since you have a borderline case, there is a good chance that the DUI can be dismissed/reduced by an experienced attorney.
    Answer Applies to: California
    Replied: 4/22/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    When charged with a misdemeanor like DUI, you potentially face up to 6-12 months in jail. The actual outcome will likely be far less than that. Fines and probation are the likely outcome if handled right. Attorney fees need to be discussed. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do?

    Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. 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. 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 and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.

    Keep in mind a little FREE advice: When you are arrested for DUI, whether alcohol or drugs, then 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 an automatic one-year suspension of your license imposed by DMV. That 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 any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel, feel free to contact me.
    Answer Applies to: California
    Replied: 4/22/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    A lot depends on where you were arrested. Give us a call to discuss.
    Answer Applies to: California
    Replied: 4/22/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    First of all, you need to contact the DMV within ten days of your arrest and request a hearing if you have any hope of saving your license. An attorney can do this for you as well. If the ten days have already passed, sometimes an attorney can still get the hearing for you. Second, just because you are arrested does not necessarily mean you will be charged - there is always a slight chance that you won't, especially with an .08. You will not know for sure if you are being charged until you get closer to the court date (the DA has until then to decide whether to issue the case.) An attorney can also check on this for you or you can try to do it on your own. It is your choice whether you hire an attorney or, if you can't afford one, go with the Public Defender. PD's know what they're doing; the problem is that they are completely overloaded and you may feel like you are not getting the degree of personal attention that you'd like.

    DUIs may be expunged from your record after you have successfully completed probation if you are convicted.
    Answer Applies to: California
    Replied: 4/22/2011
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