What to do if I have been charged with a DUI?
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What to do if I have been charged with a DUI?
I blew a .09% on the chemical test inside of their offices. There was no aggravation and the cops seemed to like how well I cooperated. They even encouraged me to fight it. I have a few more days to go into the DMV and ask to fight it. What should be my course of action? any recommendations on lawyers or going in by myself?
Asked on September 8, 2013 under Criminal Law, California
Answers:
BARRY BESSER / LAW OFFICES OF BARRY I. BESSER
Answered 11 years ago | Contributor
I would need to know more details, but a .09 is still above the legal limit of .08. The question will be whether you were in a rising blood alcohol situation when the test was taken, or a declining blood alcohol situation. The reason that this is important, is because the relevant blood alcohol is the % at the time of your actual driving. For example, depending on various factors, let's say that at the time you were driving, your blood alcohol was .07, but by the time the test was administered in the office, it showed .09. This would be the case if your blood alcohol was on the rise. It is strongly suggested that you consult with counsel.
BARRY BESSER
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