Questions About a DUI Charge in California

[Underaged]

Hello all,

Recently I received a DUI by the CHP. I was passing a car to make a highway on-ramp, and was clocked doing 48MPH on a 40MPH street. The arresting officer had me complete a variety of Field Sobriety Tests, but when given a handheld sobriety machine, the officer maintained that "I was not blowing hard enough," and at one point struck me in the gut to "help me to expell some air."

I was finally arrested, and I chose to have my blood tested at a local hospital. My booking sheet shows that i was arrested for DUI Alcohol D, but shows no BAC number, presumably because my blood test had not yet been completed. I am still unaware of what my BAC was that night.

I am 20 years old, and did in fact have 2-3 beers. Although they were hours before, I am confident that my BAC level will read above a .01. The DMV has informed me that because of a zero tolerance policy for people under the age of 21, I will not be eligible for a Restricted License.

On that note, is it even worth requesting a DMV hearing? Since no doubt my BAC will be over the legal limit, is there any way for this to not be considered a DUI?

Will the fact that the officer struck me play any role in all this?

Scouring the internet, I've seen conflicting answers to this dilemma. I am sorry for the slew of questions, but would be greatly appreciative if they could be answered.

[PubDefender101]

If I were you, I'd look into getting a Public Defender Atty. It is a rahter straight forward process, since you have some "mitigating issues", you need to speak with an atty before you waive any of your rights.

Remember, "If you represent yourself in court, then you have a Fool for a client." This is bigger than you are & a professional needs to be brought in to help you.

I am a Public Defender Investigator so I am unable to give you Legal Advice, but feel free to contact me if you would like to know how these types of cases play out in court. DUI Investigation is one of my specialties, so let me know if I can help you out.

[cdwjava]

but when given a handheld sobriety machine, the officer maintained that "I was not blowing hard enough," and at one point struck me in the gut to "help me to expell some air."

"Struck" you? How? Did he PUSH on your stomach? Punch you?? What?

In any event, that's a personnel issue.

I was finally arrested, and I chose to have my blood tested at a local hospital. My booking sheet shows that i was arrested for DUI Alcohol D, but shows no BAC number, presumably because my blood test had not yet been completed. I am still unaware of what my BAC was that night.

The blood test might take some time to complete depending on where you are and the lab service used to do the testing.

I am 20 years old, and did in fact have 2-3 beers. Although they were hours before, I am confident that my BAC level will read above a .01. The DMV has informed me that because of a zero tolerance policy for people under the age of 21, I will not be eligible for a Restricted License.

CVC 23136 says you cannot have a BAC of .01 or higher if you are under 21, and CVC 23140 says you cannot have a BAC of .05 or higher.

So even if you are not charged with CVC 23152(a) or (b) (DUI and DUI with a BAC of .08 or higher), you are still gonna get hit.

On that note, is it even worth requesting a DMV hearing? Since no doubt my BAC will be over the legal limit, is there any way for this to not be considered a DUI?

Not really ... though, I seem to recall that 23136 is not a prior for DUI purposes. I'm on the run at the moment, so I can't look it up, but if the BAC is under .05 you might not have a priorable offense.

Will the fact that the officer struck me play any role in all this?

That is a separate issue and you can complain to his commander.


- Carl