If Iwas arrested for an underage DUI, what needs to be done?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Iwas arrested for an underage DUI, what needs to be done?
I got pulled over a block away from my home; they took a breathalyzer test; then kept me in holding for over 10 hours (when they clearly stated that I would only be in there for 8). Now I have to contact the DMV, and I have no idea what I need to say/do (I was told I have to set an appointment?). I can’t afford to get a lawyer and I plan on fighting the case (if possible) or at least get a reduced fine/ get my title cleared on my own. My BAC tested high and my only defense for this so far is that I used my albuterol inhaler prior to them stopping me which led to incorrect results.
Asked on September 20, 2010 under Criminal Law, California
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The short answer to your question is that you need to find the money to hire a criminal defense attorney. In most states, getting a DUI while underage subjects the defendant to more severe penalties compared to defendants who are over 21. Moreover, the legal limit is lower, which means the fact that you blew a really high BAC will result in you being WAY over the legal limit, which will cause the prosecution to take your case more seriously. A criminal defense attorney may be able to identify ways to defend this charge that you would either not know about, or not know how to present properly. For example, there may be a suppression issue based on an illegal stop that would lead to dismissal of the charges; or, you may need to hire an expert to testify about the effects of an inhaler on a breathalyzer. In any event, however, it is clear to me that you need to hire an attorney prior to proceeding forward in any respect.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.