Question: I was arrested for a 1st time DUI in Northridge with a minor traffic collision on the 405. I know this is serious, but how serious of trouble am I in?
So I was driving up the 405 and I lightly tapped the other cars bumper while I was looking at my GPS map. No one was hurt in the incident but she decided to call the police anyways. I admitted to drinking earlier that night when the cop asked me about drinking, and then he gave me a FSTs and a breathalyzer,
I don’t remember exactly what I blew on the little machine in the field, but at the station it was a 0.09. I assume my initial blow before I was arrested was around the same.
Is there any hope to keep my driver’s license? Is it possible to fight the charges?
Answers: First, yes it is possible to keep your driver’s license. For that to happen, the DUI would need to be dismissed completely or reduced to a lesser offense, and you will have to request and then win a DMV Admin Per Se hearing. Both are possible.
Some prosecutors try to be a bit more aggressive when there is a car accident involved, but it certainly possible to get successful results. Particularly where the car accident is very minor and the BAC level is just barely above the .08 level. Lots of potential defenses that can come into play here.t
I will add that you assume the initial breath test machine result was around the same of the breath test result at the station. Why do you assume that? Even if that is the case, it can still be challenged and potentially kept out of evidence. If it is lower, then we may actually want the result in evidence. Lots of variables depending on what the evidence may or may not support.
Also, keep in mind that there is only a 10 day window from the date you were arrested or cited for the DUI for you or your attorney to request the DMV hearing in order to fight the driver’s license suspension at an Admin Per Se hearing.
DUI Attorney in Northridge
ph: (818) 336-1384