I got a DUI with a .16 Blood level. Should I hire a DUI lawyer?

Should I hire a DUI lawyer?

Question:  I got a DUI with a .16 Blood level.  This is the first time I have been arrested in the state of California.  I think another driver called police on me, who showed up at my house 30 minutes later and arrested me in my home in Woodland Hills, CA.  Now I have a DUI case in Van Nuys.  Should I hire a DUI lawyer?  I know that .16 is above the limit that I am allowed to  have for Driving under the influence, but the cop never even saw me driving!  How can I even be arrested for a DUI ?

Answer: I would recommend consulting with and strongly consider hiring a DUI attorney for any DUI offense, and particularly for yours. There are potential defenses in your case, including potential lack of probable cause to appear at your house, potential lack of witness observing your driving, and fighting the BAC results since you were home for a half hour after driving.

It is possible to get arrested for DUI based on a civilian witness who claims to have witnessed poor driving and suspected that you were DUI, but it does complicate things for the prosecutor, which can be to your benenifit.

For example, it is feasible that you drank after arriving home. So if the prosecution was able to prove driving somehow, the key is, what was your Blood Alcohol Content at the time of driving, not after you were driving, when you could have consumed alcohol since arriving home.

In short, you should speak to a DUI Attorney to discuss your case in more detail. Call me at 818-336-1384 to discuss further. My office is right down the street from Van Nuys Court.

Also, you mentioned that you have no other arrests in California.  Do you have arrests in other states?  And if so, are the DUI arrests and/or DUI convictions?  Don’t post this information online, but it is information I will want to know as out of state DUI’s can be charged as priors in California in many circumstances.

Finally, when did you get arrested for the DUI?  It is very important that you retain an Attorney as soon as possible, but at least within 10 days of the arrest for a few reasons, but particularly for DMV and driving license purposes.


Phil Hache
DUI & Criminal Defense Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.
Office in Sherman Oaks