My Son Was Arrested for DUI
Question: My son was arrested for DUI and I am not sure if this is something we should be concerned about. I asked this question before but mistyped the BAC. My son is Twenty-three years old. He was detained for DUI with a BAC of .06 after breathalyzer test. He was not arrested. He was cited and released. My son asked to see the breathalyzer result, but the officer denied the request.
The next day I called the officer to find out about it. The officer said he had a citation for my son for 23152VC DUI but forgot to give it to him. He asked me to have my son call him to get it. The Cop even threatened a warrant if he didn’t appear in court. Is this something that we will have to fight in court and can he still get a DUI at under .08 the legal limit in California?
Answer: It is possible to get charged with VC 23152(a) DUI even if the breath test results were below a .08. The “a” count of VC 23152 does not require a specific BAC level to reach or exceed. Distinguishably, the “b” count of VC 23152 does require a .08 or higher BAC.
There are many variables that are involved with DUI defense, and many details to the case that you did not post about (and may not be aware of at this time), but all things being equal, having a .06 BAC breath test result is a good start in defending a DUI case. I would recommend that you speak to a DUI defense attorney in your area to discuss the matter in more detail.
Additionally, If a case is filed against your son and he (or his privately retained attorney) does not appear in court, then the court will likely issue a bench warrant.
Feel free to call me at 818-336-1384 to discuss your son’s DUI case in more detail. If the case is in the following counties: Los Angeles, Ventura, Orange, San Bernardino, or Riverside, then I can help directly. If it is in a different county in California, I can likely refer you to a good DUI defense attorney in that area who can assist you.
I have been successful in getting cases like this (and cases much more egregious than this) dismissed.
Thanks, Philip Hache, Attorney