Breath test didn't work and now charged with refusal
Question: I was charged with a dwi and i was giving a breathalyzer at the scene where i blew a .123. They took me to the station and the results on that machine kept coming up as deficient sample. They then charged me with refusal. Can my charges be dismissed from this. I was charged... Read More
Probation violation for DUI
Question: Convicted for DUI 8 years ago, and part of the probation terms (AA classes and alcohol school). I was arrested recently, and remanded into custody. The judge sentenced me to 180 days county jail, however let bail stand until the parole violation hearing. Is there anything that can be argued in terms of pushing... Read More
2nd DUI with refusal
Question: If am am convicted of a 2nd DUI with a refusal in Los Angeles county in Van Nuys Court, will I get jail time? Answer: In California, if there is a conviction for a 2nd offense DUI, then there is mandatory jail time (although it is possible to work out jail alternatives sometimes). Call... Read More
Breath but no blood equals DUI refusal?
Question: I was arrested I gave breath test but refused blood test. Now I am being charged with refusal. How can this be if I took the breath test? Answer: In California, officers usually ask a licensee in investigation for a DUI to take a preliminary alcohol screening test prior to being arrested. Taking this... Read More
Expungement of underage drinking
Question: I recently plead guilty for underage drinking. I read somewhere that an attorney can petition the court to remove the charge from my record. Is this true? Answer: In California, it is possible to get convictions dismissed pursuant to PC 1203.4. This is often referred to as an expungement. I would need to know... Read More
.04 BAC under 21 DUI
Question: I am 18 year old and arrested for DUI in Santa Clarita, CA with a .04 BAC. I was not driving but told the policeman that I had not been drinking .. the cop told me I would have been fine if I wouldnt have lied to him.. does that mean that .04 isnt... Read More
two people charged with DUI
Question: My boyfriend and I were pulled into a parking lot, got out of the car in San Fernando, CA. The engine was off. Keys in pocket and doors shut no one else was in the car. The cops arrived because of us fighting. The witness statement says they didn’t see anyone driving just two... Read More