.08 DUI in Reseda
Question: I was arrested for a first offense DUI of .08 the other day in Reseda. I am pretty sure I have a court date in Van Nuys Court coming up in a month and a half. What are my chances of getting case dismissed?
Also, the officer that arrested me mentioned something about the DMV when he took my license. I was so nervous that whatever he said when in one ear and out the other. Is there something I am supposed to do with the DMV to get my regular license back? Thanks.Van Nuys Criminal Court building in Los Angeles County
Answer: There are many variables in a DUI case, and it is nearly impossible to confidently give an quality assessment of a DUI case without knowing more information. For starters, what court is your case in? Which agency pulled you over? CHP, LAPD, etc.? How fast did they claim you were going? What kind of statements were made to the officer? Were FST’s conducted? A Preliminary alcohol screening test? etc.
This question could be better assessed if a full review of the case was done by a DUI attorney. Many attorneys give free initial consultations where more questions could be answered to give a more specific assessment of the case, but to give a full evaluation of a case, discovery has to be requested, reviewed, etc. which generally means hiring a qualified DUI attorney to defend you at court and at the DMV hearing.
Having a .08 BAC level is generally a good start to defending a DUI case. It’s possible to have DUI charges dismissed with much higher BAC levels as well. In Los Angeles, there is not a lower charge of a DWI. But potential lower charges could be a wet reckless, dry reckless, or exhibition of speed, or potentially a complete dismissal of all charges.
As for the DMV, you or your DUI Lawyer has 10 days from the date of the arrest to request a DMV hearing to fight a license suspension from the DMV for failure to request what is called an “Admin Per Se” hearing. Your attorney can also get you a new temporary license as the one you were given on the night of your arrest is only good for 30 days from the date of issuance. For more information click here: DMV hearings
In short, I am a very knowledgeable DUI Attorney and would be happy to give you a free consultation to discuss your situation in more detail and answer other questions you may have.
DUI Lawyer and Criminal Defense Attorney