Need advice on DUI in California?
Here's what happened: It was Halloween nite and my friend who is underage was driving home he had 3 shots about 2 hours before he drove and was pulled over. The cops were very cool with him and did not make him take a breathalyzer, but said since he was underage and admitted to drinking they had to take him in. They ended up just driving around with him in the car while pulling other people over until about 3am, at which point he did a blood test. They released him the following day, but he did not have to post bail or anything. He said he felt entirely sober at this point. The results do not come back for 2 weeks but in the mean time we are seeking any advice on whether or not we should hire an attorney and if what may happen if the blood test comes back showing less than 0. 08? Would it be reduced to wet and reckless? THANK YOU!- In my state you can. 08 is the presumed intoxication, but you can get a DUI for as low as. 04. It's much lower for minors
- If there is ANY blood in his alcohol e. g. 001, he WILL be charged with DUI. He CAN be convicted, because of his age, with that DUI. You SHOULD talk to an attorney right away. You might be able to plead down to a minor consumption charge if the blood alcohol is really low
- The limit for DUI in CA if you are under 21 is 0. 01%, not 0. 08%. It is not the practice in any county I am familiar with to reduce a minors DUI. CA courts typically take underage DUI *very* seriously. I would recommend finding a lawyer. Richard
- according to the teacher in my driving cl cl taken to lower insurance told us that it takes 1 hour for a serving of alcohol to leave your system 1 serving=1 regular can of beer / 1 regular mixed drink / one shot / etc. so in his case he would have been legally drunk when he was pulled over, but if he waited a few hours the alcohol would theoretically be out of his system. It almost sounds like they gave him a few hours to get the alcohol our of his system, and were just trying to scare him a little so that he would think before drinking again
- BAC of 0. 01% or higher for persons under 21 is NOT DUI, it is an infraction charged under Veh C § 23136. This carries a fine of roughly $266 and a one year license suspension under Veh C §§ 13353. 2 and 13353. 3. * / End of Line
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